OBAMA'S PICK FOR TOP DRUG WAR ENFORCER NEEDS TO ANSWER SOME TOUGH QUESTIONS

There Are Serious Issues Regarding Obama's Nomination of Michele
Leonhart to Head the DEA.

This Wednesday, members of the Senate Judiciary Committee will be
considering Michele Leonhart for the position of director of the
United States Drug Enforcement Administration (DEA). Several
organizations that lobby on drug policy issues have voiced serious
concerns regarding Ms. Leonhart's nomination.

As Interim DEA director, Ms. Leonhart has overseen dozens of federal
raids on medical marijuana providers, producers, and laboratory
facilities that engage in the testing of cannabis potency and quality.
These actions took place in states that have enacted laws allowing for
the production and distribution of marijuana for medical purposes, and
they are inconsistent with an October 19, 2009 Department of Justice
memo recommending federal officials no longer "focus ... resources ...
on individuals whose actions are in clear and unambiguous compliance
with existing state laws providing for the medical use of marijuana."

It is now 14 years since California voters recognized the medical
value of marijuana by amending state law; fifteen other states and the
District of Columbia have since acted likewise. Yet under Ms.
Leonhart's leadership the DEA has failed to take a single step toward
revising its practices in accordance with these changes to state law
and administrative policy.

Furthermore, Ms. Leonhart has actively blocked scientific research
that seeks to better identify and quantify marijuana's medicinal
properties and efficacy. These actions contradict this
administration's pledge to let science rather than ideology guide
public policy.

In particular, Ms. Leonhart has neglected to reply to an
eight-year-old petition that calls for administrative hearings
regarding the rescheduling marijuana for medical use. Such hearings
were called for in 2009 by the American Medical Association, which
resolved "that marijuana's status as a federal Schedule I controlled
substance be reviewed with the goal of facilitating the conduct of
clinical research and development of cannabinoid-based medicines."
Moreover, in January 2009, Ms. Leonhart refused to issue a license to
the University of Massachusetts for the purpose of cultivating
marijuana for FDA-approved research, despite a DEA administrative law
judge's ruling that it would be "in the public interest" to grant this
request. This single act has prohibited any privately funded medical
marijuana research from taking place in the United States.

Finally, Ms. Leonhart has exhibited questionable judgment when
speaking to the subject of escalating drug war violence in Mexico. In
2009, she described this border violence -- which is responsible for
over 31,000 deaths since December 2006 -- as a sign of the "success" of
her agency's anti-drug strategies.

"Our view is that the violence we have been seeing is a signpost of
the success our very courageous Mexican counterparts are having,"
Leonhart said. The cartels are acting out like caged animals, because
they are caged animals." This view is out of step with the reality and
the gravity of the growing problem on our southern border.

In short, Ms. Leonhart's actions and ambitions are incompatible with
state law, public opinion, and with the policies of this
administration. At a minimum, Senators should ask Ms. Leonhart
specific questions regarding her past record and her intentions moving
forward. These questions ought to include:

* What are your plans for bridging the growing divide between state
and federal law concerning the use of marijuana for medical purposes?

* How has the DEA changed its policies and practices to ensure
compliance with the 2009 Department of Justice memo calling on federal
law enforcement to no longer target individuals who are in compliance
with the medical marijuana laws of their states?

* When will the DEA respond to a 2002 petition to hold hearings on the
rescheduling of marijuana, as were called for by the American Medical
Association?

Failure of the Senate to engage in a probing dialogue with Ms.
Leonhart regarding these matters will continue to give the appearance
that Congress and this administration are willing to place politics
above science. This administration has specifically pledged to end
this practice. It can begin doing so by demanding careful
consideration be given to Michele Leonhart's nomination.