Law Enforcement & Personal Use Cannabis

On April 13, 2022, the Attorney General issued a memorandum to law enforcement agencies authorizing off-duty cannabis use under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.  Given the sudden and extreme departure from the norm, the memorandum was met with a broad variety of reactions.  Some expressed support, whereas others criticized and opposed the memorandum.  Common to both sides, however, were feelings of surprise and confusion – the biggest question appearing to be how law enforcement agencies can distinguish between lawful off-duty use and illegal on-duty use.

This legal update was originally published May 18, 2022 on Scarinci Hollenbeck’s main website. You can access the full update here:

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