Flood of new pot cases not expected

DENVER — Whether to crack down on marijuana in states where it is legal is a decision that will now rest with those states’ top federal prosecutors, many of whom are deeply rooted in their communities and may be reluctant to pursue cannabis businesses or their customers.

When he rescinded the Justice Department’s previous guidance on marijuana, Attorney General Jeff Sessions left the issue to a mix of prosecutors who were appointed by President Donald Trump’s administration and others who are holdovers from the Barack Obama years.

Legal experts do not expect a flood of new cases, and people familiar with the job of U.S. attorney say prosecutors could decide against using already limited resources to seek criminal charges against cannabis companies that abide by state regulations or their customers.

“There are higher priorities: terrorism and opiates to start with,” said Rory Little, a former prosecutor and a professor at the University of California Hastings College of Law.

Until Sessions’ announcement on Thursday, federal prosecutors followed guidelines laid out in the so-called Cole memo, which was issued by the Justice Department during the Obama administration.

The memo discouraged prosecutors from going after people participating in the marijuana trade in states where recreational marijuana is legal, except in cases with aggravating factors.