Governors Urge Trump Administration to Respect State Marijuana Laws

Governors of the first four states that legalize marijuana for adults sent a letter to Trump administration officials this week asking them to respect their states' marijuana laws.

In the letter, Alaska Gov. Bill Walker, Colorado Gov. John Hickenlooper, Oregon Gov. Kate Brown, and Washington Gov. Jay Inslee ask Attorney General Jeff Sessions and Treasury Secretary Steven Mnuchin to adhere to Department of Justice's 2013 Cole Memorandum and Financial Crimes Enforcement Network (FinCEN) guidance, which were distributed under the previous administration.

Some key excerpts are below, and you can read the full letter here.

As governors of states that have legalized marijuana in some form, we ask the Trump Administration to engage with us before embarking on any changes to regulatory and enforcement systems. The balance struck by the 2013 Department of Justice Cole Memorandum (Cole Memo) has been indispensable – providing the necessary framework for state regulatory programs centered on public safety and health protections.

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[W]e have committed to implementing the will of our citizens and have worked cooperatively with our legislatures to establish robust regulatory structures that prioritize public health and public safety, reduce inequitable incarceration and expand our economies.

The Cole Memo and the related Financial Crimes Enforcement Network (FinCEN) guidance provide the foundation for state regulatory systems and are vital to maintaining control over marijuana in our states. Overhauling the Cole Memo is sure to produce unintended and harmful consequences. Changes that hurt the regulated market would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states.

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The Cole Memo and FinCEN guidance strike a reasonable balance between allowing the states to enact reasonable regulations and the federal government’s interest in controlling some of the collateral consequences of legalization.