POSITION ON POT IS A BIT HAZY

It's Hard to Know What to Expect From Michele Leonhart, Obama's
Nominee to Head the DEA

When President Obama nominated Michele Leonhart to head the Drug
Enforcement Administration last month, those hoping for a sensible
federal policy regarding medical marijuana -- one that promotes
scientific research into its medicinal value and eschews prosecution
when it is used in accordance with local laws -- shivered.

As special agent in charge of the Los Angeles Field Division,
Leonhart zealously cracked down on dispensaries (though, it could be
argued, that was during the Clinton and Bush years, and she was
adhering to White House policy). Then, in 2008, as acting head of the
DEA, she denied the application of a University of Massachusetts
botanist to cultivate marijuana for research purposes (though that
too was in line with the Bush administration's anti-science stance).

So what are we to expect now if she is confirmed by the Senate? Hard
to say. Since Obama's swearing in, it has been unclear whether the
DEA -- which Leonhart has been running as acting administrator since
November 2007 -- is willing to abide by his administration's verbal
and written policy of not pursuing medical marijuana operations that
do not violate their state's laws.

On Obama's second day in office, the agency raided a dispensary in
South Lake Tahoe. Two weeks later, five clubs in Los Angeles were
raided, prompting a rebuke from the White House. A few days later,
the DEA raided a club in Fort Bragg, Calif. That prompted a speech
from U.S. Atty. Gen. Eric H. Holder Jr. suggesting that federal
resources shouldn't be focused on medical marijuana. In August, the
agency raided more California clubs, and on Sept. 9, it moved against
20 in San Diego. Finally, in October, Holder put his directive in writing.

Nevertheless, last week the DEA in Denver raided a grower after he --
rather imprudently, it must be said -- went on TV to discuss his
basement operation. In a jailhouse interview with local media, Chris
Bartkowicz, who has a state license, defended his operation and said
he believed federal agents would not target it after the Holder order.

After initially replying that marijuana is illegal and that they will
raid whomever they please, the Denver agents now say Bartkowicz has
more plants than state law permits. He says he doesn't. A judge will decide.

The confusion can be resolved only by Washington. Fourteen states
currently have medical marijuana laws, and more are likely to adopt
them, multiplying the legal disarray exponentially. Ideally, a
coherent policy would flow from the director of the DEA and out to
regional offices. But that may not be possible; it's not entirely
clear that Leonhart ever received Holder's memo.