Now that Colorado and Washington have legalized possession of up to an ounce of marijuana, Sen. Patrick Leahy (D-Vt.) wants to know how the Obama administration will enforce federal laws prohibiting pot.

On Thursday, Leahy called for a hearing of the Senate Judiciary Committee, which he chairs, to discuss the discrepancy.

“Federal policy and now state policies are in conflict and so that raises the question of how that conflict will be resolved,” says spokesman David Carle.

Leahy’s office also released a letter the senator sent last week to Office of National Drug Control Policy director Gill Kerlikowske seeking clarity on the White House’s position.

“What assurances 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?” Leahy asks Kerlikowske in the letter.

Leahy’s letter hints that the senator could be open to changing federal law to legalize small amounts of marijuana — at least in Colorado and Washington.

“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,” he writes. “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.”

But asked Thursday whether Leahy would support such an amendment, Carle demurred.

“He has not taken a view on decriminalization and does not weigh in on state matters,” Carle said.

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Paul Heintz was part of the Seven Days news team from 2012 to 2020. He served as political editor and wrote the "Fair Game" political column before becoming a staff writer.

5 replies on “Leahy Calls for Senate Hearing on Pot Policy”

  2. It would be even better if Senator Leahy would work to pass language that puts the authority back to the FDA to classify and regulate marijuana.
    Marijuana is the only drug that has been classified by Congress as opposed to the FDA. And, they classified it as a schedule one drug. That is a more restrictive level than opiates, heroin, morphine etc. This was done in the 1930’s as part of a concerted effort by the paper and lumber industries in competition with hemp.
    If Congress reversed that decision and put the authority back with the administration where it belongs (with scientists at the FDA) then that would be real leadership on the part of Sen. Leahy.

  4. “Federal policy and now state policies are in conflict and so that
    raises the question of how that conflict will be resolved,” says
    spokesman David Carle.
    Actually it doesn’t, the law is quite clear on how it’s resolved. Just ask the dispensaries in Cali…
    Seems Leahy is itching for some media time…

  5. I think that drinking is way worse and if the people voted , then where is the problem.. they work for us so, they should be able to find a way to do it!

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