Cory Gardner
U.S. Sen. Cory Gardner (R-CO) on April 13 said he will remove holds placed on U.S. Department of Justice (DOJ) nominees now that President Donald Trump says federal policies won’t impact Colorado’s marijuana industry.
Sen. Gardner placed holds on DOJ nominees after the department said in January it intended to rescind the 2013 Cole memorandum, which set the stage for states to take the lead on legalizing and regulating marijuana.
According to Gardner’s office, conversations between the senator and DOJ ensued following the department’s Jan. 4 withdrawal of the Cole memorandum, the 2013 guidance issued by former U.S. Deputy Attorney General James M. Cole that updated guidance regarding marijuana enforcement under the Controlled Substances Act for civil enforcement, criminal investigations and federal prosecutions in all states.
The Cole memo followed passage of state ballot initiatives, such as in Colorado, that legalized possession of small amounts of marijuana for medical purposes and provided regulations for marijuana production, processing and sale.
In February, following “positive conversations,” Sen. Gardner decided to lift some holds on nominations to fill slots for the U.S. assistant attorney general for national security, U.S. attorneys and U.S. marshals. He kept holds on all other DOJ nominees as discussions continued “on a path forward that respects states’ rights and clarifies the DOJ’s priorities regarding marijuana enforcement,” the senator said at the time.
“Since the campaign, President Trump has consistently supported states’ rights to decide for themselves how best to approach marijuana,” said Sen. Gardner last week. “Late [April 11], I received a commitment from the president that the Department of Justice’s rescission of the Cole memo will not impact Colorado’s legal marijuana industry.”
Furthermore, Sen. Gardner said the president provided assurances “that he will support a federalism-based legislative solution to fix this states’ rights issue once and for all.”
“Because of these commitments, I have informed the Administration that I will be lifting my remaining holds on Department of Justice nominees. My colleagues and I are continuing to work diligently on a bipartisan legislative solution that can pass Congress and head to the President’s desk to deliver on his campaign position,” the senator added.