U.S. Sen. Cory Gardner (R-CO) has withdrawn his holds on certain U.S. Department of Justice (DOJ) nominees in a good-faith gesture toward continued collaboration with DOJ on carrying out the nation’s marijuana laws.
“… I have been working with the department’s leadership, including [DOJ] Deputy Assistant Attorney General Rod Rosenstein and the Acting United States Attorney for Colorado on a path forward that respects states’ rights and clarifies the DOJ’s priorities regarding marijuana enforcement,” said Sen. Gardner in a Feb. 15 statement.
Due to their “positive conversations,” Gardner said he decided to lift holds on nominations to fill slots for the U.S. assistant attorney general for national security, U.S. attorneys and U.S. marshals. “My holds on all other DOJ nominees will remain in place as discussions continue,” the senator said.
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 that legalized possession of small amounts of marijuana for medical purposes and provided regulations for marijuana production, processing and sale.
In announcing DOJ’s cancellation of the Cole memo, U.S. Attorney General Jeff Sessions said in a Jan. 4 statement that the nation was returning to “the rule of law,” and was giving back trust and local control to federal prosecutors who know where and how to most effectively deploy DOJ resources to decrease violent crime, reduce the drug crisis and break up criminal gangs, according to the statement.
However, Gardner expects that certain enforcement goals under the memo should be retained and followed.
“Let me be crystal clear: so long as the federal enforcement priorities detailed in the 2013 Cole Memorandum are adequately protected, the DOJ should respect the will of the states who have spoken overwhelmingly on this issue,” said Sen. Gardner. “I will view the DOJ’s failure to do so as a direct contradiction of our positive conversations and will take action accordingly.”
The senator added that although he had decided to lift holds on specific DOJ nominations, he would continue to lead a bipartisan group of senators toward finding a legislative solution. “I remain optimistic that we will come to an agreement with the Department of Justice soon,” Gardner said.
Sen. Gardner’s efforts were applauded in Colorado, where voters in 2012 approved a ballot measure known as Colorado Amendment 64 that allowed for a statewide drug policy for cannabis. “From the moment the Department of Justice announced that it was rescinding the Cole memo, Senator Gardner’s commitment to protecting Colorado’s states’ rights has been effective, important and appreciated,” said Sal Pace, a Pueblo County, Colo., Commissioner and former Democratic leader in the Colorado House of Representatives.
“I am convinced that Senator Gardner continues to effectively fight for Colorado’s right to forge our own path on cannabis regulation.”
New Federalism Fund Chairman Neal Levine also supported Gardner’s stance and lifting of DOJ holds. “I am confident Senator Gardner will continue his work to find a bipartisan legislative solution for the state-regulated cannabis industry in Colorado and throughout the nation,” Levine said.