William Barr Picture

By Dalton Rosario

Earlier in January President Trump’s U.S. Attorney General nominee William Barr openly addressed his stance on supporting cannabis companies that have lawfully complied with state policies and regulations legalizing recreational and/or medicinal cannabis under the Cole Memorandum. This news was well received by cannabis advocates, lawmakers and industry leaders who were reluctant on what to make of William Barr’s stance towards cannabis legalization, particularly after former U.S. Attorney General Jeff Sessions who was vehemently opposed to any forms of cannabis legislation, to the point of rescinding the Obama-era Cole Memorandum in January 2018. 

To those unfamiliar with the Cole Memo, it is an invaluable piece of legislation that catapulted the cannabis market into a viable national industry by granting the Justice Department orders to not enforce federal prohibition within states that had “legalized marijuana in some form and… implemented strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale and possession of marijuana.” Although full-proof for all practical purposes, the Department of Justice was also granted discretionary leeway to enforce federal prohibition within states that have legalized cannabis, as long as doing so prevents violence related to the cultivation and/or distribution of cannabis, reduces cannabis-related DWI’s, and discontinues revenues from getting into the hands of gangs or cartel networks. 

Based on Barr’s written response to Senator Charles Grassley (R-IA), AG nominee Barr supports “the expansion of marijuana manufacturers for scientific research consistent with the law,” increasing the number of institutions permitted to grow cannabis specifically for the purpose of medical research. This would be done by Barr overturning Sessions’ ban on the Department of Justice moving forward with any of its stalled applications for medical facility growers. Furthermore, Barr pledged to look into scientific evaluations of CBD and its rescheduling under the Controlled Substances Act, based upon federal acceptance of hemp-derived products lawfully manufactured under the 2018 Farm Bill. Given Barr’s written confirmation supporting cannabis initiatives, in the words of Don Murphy, Director of Federal Policies for the Marijuana Policy Project, “William Barr didn’t just wave the white flag, he signed a peace agreement.”