Thinking Clearly

 Letter from the Chairman of the House Judiciary

PATRICKJ. LEAHY, VERMONT, CHAIRMAN

December 6, 2012

The Honorable R. Gil Kerlikowske
Director
Office of National Drug Control Policy
Executive Office of the President
Washington, DC 20503


COMMITTEE ON THE JUDICIARY
WASHINGTON, DC 20510-6275



 Dear Director Kerlikowske:


Last month, voters in Colorado and Washington chose to legalize personal use of up to one
ounce of marijuana and to enact licensing schemes for cultivation and distribution of the drug.
As the states move to implement these new laws, marijuana remains a Schedule I controlled
substance according to the Federal Government. Production, distribution, and possession of the
drug are Federal criminal offenses punishable by imprisonment.

The Senate Judiciary Committee has a significant interest in the effect of these developments on
Federal drug control policy. How does the Office of National Drug Control Policy intend to
prioritize Federal resources, and what recommendations are you making to the Department of
Justice and other agencies in light of the choice by citizens of Colorado and Washington to
legalize personal use of small amounts of marijuana? What assurance can and will the
administration give to state officials involved in the licensing of marijuana retailers that they will
not face Federal criminal penalties for carrying out duties assigned to them under state law?

Legislative options exist to resolve the differences between Federal and state law in this area and
end the uncertainty that residents of Colorado and Washington now face. One option would be
to amend the Federal Controlled Substances Act to allow possession of up to one ounce of
marijuana, at least in jurisdictions where it is legal under state law. In order to give these options
full consideration, the Committee needs to understand how the administration intends to respond
to the decision of the voters in Colorado and Washington. I look forward to hearing your
thoughts on this matter.
Sincerely,

/s/
PATRICK LEAHY
Chairman