The complaint cites the Rohrabacher-Farr Amendment, an annual rider in federal appropriations bills since 2015, which prohibits the U.S. Department of Justice from using its resources to target compliant, state-sanctioned medical marijuana businesses.
The companies also reference the Cole Memorandum, which advised federal prosecutors not to pursue cases against state-compliant recreational marijuana businesses, arguing that although the memorandum was officially withdrawn in 2018, the Biden administration has “tacitly reverted to its guidance.”
In Tuesday’s motion, DHS stated that neither policy creates a substantial or procedural right and, furthermore, that the Rohrabacher-Farr Amendment applies to the Department of Justice, while the Cole Memorandum pertains to the U.S. Department of the Treasury—neither applies to DHS.
The DHS also argued that the companies lack standing to challenge the seizure of vehicles because the vehicles were returned before the complaint was filed.
Finally, the agency urged the court to deny the companies’ request for a jury trial, asserting that CAFRA does not allow for jury trials and that the right to a jury trial only applies to legal claims, not the equitable claims made here.
