Thank you for contacting me regarding the federal regulation of marijuana. I appreciate hearing from you on this important issue.
As you may know, the Controlled Substances Act (CSA) of 1970 prohibits the production and distribution of all varieties of Cannabis sativa (marijuana).
Under the legal concept of federalism, the Controlled Substances Act is not pre-empted by state medical marijuana laws.
On November 6, 2012, voters in Washington state passed a voter initiative to legalize and tax the sale of marijuana for recreational use, expanding authorized use under state law beyond medicinal purposes. The measure, Washington Initiative 502, took effect on December 6, 2012. Initiative 502 tasks the Washington State Liquor Control Board with the licensing and regulation of the production, possession, and distribution of marijuana for persons age 21 and older. Additionally, the Initiative authorizes the possession of small amounts of marijuana for personal use and the sale of marijuana by state-licensed retail shops, and regulates and taxes the drug.
On June 18, 2013, I joined Rep. Adam Smith (D-WA), Senator Patty Murray (D-WA) and other members of the Washington delegation in writing a letter to Attorney General Eric Holder urging the U.S. Department of Justice to provide greater clarity on its approach to Washingtonians obeying the state law on recreational marijuana.
Our letter asked the Department of Justice to not pursue pre-emption of state marijuana laws in Washington and Colorado, and not prosecute residents acting in compliance with state law. Following our letter, on August 29, 2013, the Department of Justice released a memorandum providing clear priorities to guide federal prosecutors' enforcement of the Controlled Substances Act. In this memo, the Department of Justice stated that it would not seek to pre-empt state laws legalizing marijuana for personal use but would continue to enforce federal priorities. These priorities include the prevention of distribution of marijuana to minors, the flow of revenue to criminal enterprises, inter-state commerce, violence related to distribution, driving under the influence of marijuana, and growing of marijuana on public lands.
The Senate Judiciary Committee held a hearing on September 10, 2013, to discuss potential conflicts between state and federal drug laws. In his testimony, Deputy Attorney General James M. Cole reaffirmed the Department of Justice's commitment to enforcing federal priorities under the Controlled Substances Act. Deputy Attorney General Cole also emphasized that the Department would depend on Washington and Colorado states to implement and enforce robust regulatory schemes that will protect the public from potential health and safety issues.
Washington voters have clearly spoken on this issue.
I will continue working to ensure that state law is upheld. The recent action taken by the Department of Justice is an important step forward in providing Washington residents and law enforcement with clarity and guidance on implementation and enforcement in this unprecedented situation. Please be assured that I will continue to work with Washington's governor and attorney general, local law enforcement, and Obama administration officials to provide clarity for Washingtonians.
Thank you again for contacting me to share your thoughts on this matter. Please do not hesitate to contact me in the future if I can be of further assistance.
Sincerely,
Maria Cantwell
United States Senator
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