CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, January 10, 2018

"Jeff Sessions Rescinds Obama-Era Enforcement Guidance: Five Observations"

Robert Mikos (Vanderbilt) has this post on his website, citing to other posts and offering his own critique. In part:

The guidance that was rescinded was critical to establishing the commercial marijuana industry that exists today. Before the first guidance (the Ogden memorandum) was issued in 2009, only a few states had explicitly authorized the commercial supply of marijuana. Up to that time, most states that had legalized (medical) marijuana expected consumers to grow the drug themselves or to have a caregiver do it (what I call the personal supply model). Even though many states thought that commercial suppliers would do a better job of meeting patient needs, they feared that large-scale commercial suppliers would be easy prey for federal law enforcement.

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