Specifically, Representative Polis wanted to know Mr. Holder’s position on the enforcement of federal MJ laws against MMJ caregivers. He asked if the feds would give deference to the Colorado definition of caregivers.
Mr. Holder noted that he was unfamiliar with Colorado law on the subject. He then stated that both the Ogden memo and the Cole memo are still in effect. He said that if people we
re not using the memos as an excuse to use marijuana in a way inconsistent with State law, then “we will not use our limited resources in that way.”
Representative Polis asked whether Colorado MMJ law provides more pro-tection against federal law for those involved with MMJ, then say the laws in Cali-fornia.
Attorney General Holder replied, “Where a State has taken a position, passed a law, and people are acting in conformity with the law, not abusing the law, … and again given our limited resources, that would not be an enforcement priority for the Justice Department.”
Finally, Representative Polis asked about enforcement against banks and bankers. Mr. Holder reiterated that if the banks were operating in conformity to State law, that would not be an enforcement priority.
Once again, it appears that the Colorado decision to regulate MMJ, though flawed, has saved the industry in Colorado. Perhaps everybody involved with MMJ can sleep a bit easier knowing the feds continue to not care about us.