DOJ Rescinds Marijuana Enforcement Guidance, Creating Uncertainty for Banking Organizations and Other Financial Institutions

DOJ Rescinds Marijuana Enforcement Guidance, Creating Uncertainty for Banking Organizations and Other Financial Institutions


By: V. Gerard Comizio, Nathan S. Brownback

On January 4, 2018, the Department of Justice (“DOJ”) rescinded Obama administration guidance on prosecutorial discretion for marijuana-related crimes. Its stated rationale is that existing general guidance on prosecutorial discretion is sufficient to cover marijuana enforcement, but does not specifically address the status of marijuana laws that now exist in about 30 states.

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