Support for the Rescinding of the Cole Memo
Submitted by: IACP Board of Directors
BOD.01.t2018
WHEREAS, as law enforcement professionals, the top priority of the membership of the International Association of Chiefs of Police (IACP) is safeguarding their communities; and
WHEREAS, an essential element in safeguarding communities is reducing citizen exposure to controlled substances; and
WHEREAS, empirical evidence demonstrates that marijuana use is dangerous and a threat to the safety of the public; and
WHEREAS, in states that have legalized marijuana there has been a notable increase in the number of traffic crashes related to marijuana. For example, the percentage of traffic deaths related to marijuana doubled in Washington State the year retail marijuana sales were allowed.[1] In Colorado, marijuana is now involved in more than one of every five deaths on the road, and that number is rising;[2] and
WHEREAS, additionally, emergency room admissions for marijuana-related incidents have increased in states that have legalized marijuana use. Colorado has experienced an over 70 percent increase in hospitalizations related to marijuana since legalization, an average of over 30 percent per year;[3] and
WHEREAS, marijuana use has an adverse effect on the youth in our communities. In both Colorado and Washington, regular use of the drug among children aged 12-17 has been both above the national average and rising faster than the national average;[4] and
WHEREAS, in August 2013, Deputy Attorney General James Cole issued a memorandum that announced that the United States Department of Justice would not challenge marijuana legalization policies enacted by several states; and
WHEREAS, the Cole Memo also limited the ability of U.S. Attorney’s to investigate and prosecute marijuana cases in the various states that have chosen to legalize or decriminalize marijuana production, sale and use in violation of federal law; and
WHEREAS, the IACP strongly opposed the Department of Justice’s policy as set forth in the Cole Memo and believed that the decision to not challenge state marijuana laws ignored the connection between marijuana and crime, the enforcement problems created by trafficking marijuana across state, local and tribal borders, as well as the adverse economic and social costs that marijuana legalization causes; and
WHEREAS, the IACP believes that the Department of Justice’s unwillingness to challenge state marijuana legalization policies except under very narrow circumstances makes it infinitely more difficult for state, local and tribal law enforcement officers to keep their neighborhoods and communities safe from marijuana trafficking and its associated violence; and
WHEREAS, in January 2018, United States Attorney General Jeff Sessions issued a new memorandum rescinding the Cole Memo and directing all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established principles when pursuing prosecutions related to marijuana activities; and
WHEREAS, restoring discretion to U.S. Attorneys on how they prioritize the investigation and prosecution of violations of federal drug laws involving marijuana is an important and needed policy change that will allow federal prosecutors to work with their state and local counterparts to effectively deploy federal resources to reduce crime, combat drug use, target criminal gangs and promote safer communities. Now, therefore, be it
RESOLVED, that the International Association of Chiefs of Police reaffirms its long-standing opposition to the legalization and/or decriminalization of marijuana; and be it
FURTHER RESOLVED, that the International Association of Chiefs of Police commends United States Attorney General Jeff Sessions for his action in rescinding the Cole memo and ensuring that U.S. Attorney’s maintain the ability to effectively investigate and prosecute those individuals involved in the production and sale of marijuana in violation of federal law.
[1] AAA Foundation for Traffic Safety. Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010-2014. May 2016. Web. 23 Oct. 2016.
[2] AAA Foundation for Traffic Safety. Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010-2014. May 2016. Web. 23 Oct. 2016.
[3] Rocky Mountain Poison and Drug Center, as analyzed and reported in Colorado Department of Public Safety, Division of Criminal Justice, Office of Research and Statistics. Marijuana Legalization in Colorado: Early Findings. Mar. 2016. Web. 21 Oct 2016.
[4] Substance Abuse and Mental Health Services Administration (SAMHSA). National Survey on Drug Use and Health. Rockville, MD: Office of Applied Studies, SAMHSA. 2016