The letters Ranking Member Grassley inserted into the hearing record are attached.

Prepared Statement of Chuck Grassley of Iowa

Ranking Member, Senate Judiciary Committee

Hearing on "Conflicts between State and Federal Marijuana Laws"

Tuesday, September 10, 2013

Mr. Chairman, thank you for holding today's hearing on the conflict between federal and state laws on marijuana.

Since Congress passed the Controlled Substances Act, the cultivation, trafficking, sale and use of marijuana have been illegal under federal law.  Marijuana's continued presence on this statute's list of illegal substances isn't based on a whim.  It's based on what science tells us about this dangerous and addictive drug.  There's a process that exists to move drugs on and off that list.  But the scientific standard to do that hasn't yet been met for marijuana.

Marijuana isn't only illegal under laws passed by Congress.  It is illegal under international law as well.  The United States and over 180 nations have signed the Single Convention on Narcotic Drugs.  This treaty requires the United States to limit the distribution and use of certain drugs, including marijuana, for exclusively scientific and medical use.  It's something this country gave its word to do.  And it's a commitment that our country and many others have benefitted from through improved public health.

Yet in 2012, Colorado and Washington decided to be the first jurisdictions in the world to legalize the cultivation, trafficking, sale and recreational use of marijuana.

These laws flatly contradict federal law.  Moreover, these laws have nothing to do with the controversy about whether marijuana has an appropriate medical use.  Some experts fear they will create a Big Marijuana industry, including a "Starbucks of marijuana," that will damage public health.  And it seems unlikely that we'll be able to confine that industry's effects to adults, and those within Colorado and Washington.

And the response of the Department of Justice isn't to sue to strike down the laws, or to prosecute illegal drug traffickers, but just to let these states do it.

These policies do not seem to be compatible with the responsibility Justice Department officials have to faithfully discharge their duties.  And they may be a violation of our treaty obligations.  Prosecutorial discretion is one thing.  But giving the green light to an entire industry predicated on breaking federal law is another.

These policies are another example of the Administration ignoring laws that it views as inconvenient, or that it just doesn't like.  Immigration law, Obamacare deadlines -- the list is long, and it hardly needs repeating.

But what's really striking in this case is that this Department of Justice is so quick to challenge state laws when it doesn't like or want to enforce them.  States that change their voting laws to require an ID?  See you in court.  States that try to secure their borders when the federal government won't?  Expect a lawsuit.  But if some folks want to start an industry dedicated to breaking federal law?  Well, then the Department's position is to wait and see how it all works out.

But we already have a good idea how it will work out, and the answer is badly.  Take Colorado as an example.  Since it legalized and attempted to regulate medical marijuana, what have they seen?  From 2006 to 2011, a 114 percent increase in driving fatalities involving drivers testing positive for marijuana.  Comparing 2007 through 2009 with 2010 through 2012, a 37 percent increase in drug-related suspensions and expulsions from Colorado schools.  A sharp increase in marijuana exposures to young children, many resulting in trips to poison control centers or hospitals.  And in the words of Colorado's Attorney General, the state is becoming "a significant exporter of marijuana to the rest of the country."

The statistics on this point are shocking, but not surprising, given simple economics.  From 2005 to 2012, there was a 407 percent increase in Colorado marijuana interdiction seizures that were destined for other states.  In 2012 alone, there were interdictions in Colorado bound for 37 different states.

One of those states was my home state of Iowa.  In 2010, Colorado was the source state for 10 percent of all marijuana interdicted in Iowa.  That number grew to 25 percent in 2011, and to 36 percent in 2012.  This is all before full legalization in Colorado.  What do you think this number will be next year?  Is the federal government prepared to pay for the law enforcement costs it is imposing on states like Iowa because it refuses to enforce federal law?

In 2012, the proportion of Iowa juveniles entering substance treatment primarily due to marijuana reached its highest point in 20 years.  How many more of Iowa's daughters and sons will go into treatment next year because the Department won't enforce federal law?  There is no amount of money that can make Iowa whole for that.

I have a letter from the Director of the Iowa Office of Drug Control Policy to the Attorney General that lays out some of these statistics.  The Director requests that the Department reconsider this decision.  I ask that it be included in the record.

Of course, the Department would have known many of these things had it consulted with the folks on the ground before making these decisions.  These are people who see the effects of marijuana addiction and abuse every day.  I also have here a letter to the Attorney General from many of the major state and local law enforcement organizations in the United States.  I ask that it be entered into the record.

I understand representatives of many of these organizations had asked to be consulted in advance of the Department's decision.  And they were told that they would be.

However, they wrote, "it is unacceptable that the Department of Justice did not consult our organizations - whose members will be directly impacted - for meaningful input ahead of this important decision.  Our organizations were given notice just thirty minutes before the official announcement was made public and were not given the adequate forum ahead of time to express our concerns with the Department's conclusion on this matter.  Simply 'checking the box' by alerting law enforcement officials right before a decision is announced is not enough and certainly does not show an understanding of the value the Federal, state, local and tribal law enforcement partnerships bring to the Department of Justice and the public safety discussion."

I agree.  The way these law enforcement professionals were treated is quite disturbing.

I also have a letter from all nine of the former heads of the Drug Enforcement Administration that was sent to the Attorney General yesterday.  I ask that it be placed in the record as well.  These former Administrators were appointed by presidents of both parties.  They described themselves as "shocked and dismayed" by the Department's decision.  They had also offered to meet with the Attorney General about these issues.  But, as they wrote, they "heard nothing" until the Department's announcement that wouldn't challenge these laws. These former officials offer a wealth of knowledge about the law enforcement and public health implications of these decisions.  Their treatment by the Department is simply inexplicable.

I am nonetheless grateful that the Deputy Attorney General is here today to explain the Department's decisions.  I am hopeful this hearing will be the first step toward reconsidering these misguided policies.  Thank you.

Gov. Branstad is ordering all flags in the state to be flown at half-staff from 8 a.m. to 5 p.m. tomorrow to honor those who perished in the September 11, 2001 terrorist attacks.

Flags will be at half-staff on the state Capitol building and on flag displays in the Capitol complex, and upon all public buildings, grounds, and facilities throughout the state. Individuals, businesses, schools, municipalities, counties and other government subdivisions are encouraged to fly the flag at half-staff for the same length of time as a sign of respect.

CHICAGO - Governor Pat Quinn today released a statement regarding the passing of legendary radio host Don Wade.

"Don Wade wasn't only a legendary radio star, he was a devoted husband and father who knew the value of family.

"When you were on the air with Don, you could tell he and Roma were made for each other. Their partnership attracted millions of listeners over their historic career and set a high bar for success in Chicago radio.

"I admired not only their passion for family and compelling radio, but also their commitment to our nation's veterans. Don earned a place in Chicago's heart.

"My sincere sympathies and prayers are with Roma, Hunter, Heather and their entire family."

No matter your politics, religion or lifestyle, the maxim "all of life is a wager" is a reliable one, says Marshall Chamberlain, a self-described recluse and, by many standards, modern-day Renaissance man.

"It seems to me that most people live in a state of inertia and pursue only the most prescribed avenues. To me, the world is much too rich not to sample what life's buffet has to offer," says Chamberlain, who has experienced life as a businessman, an officer in the U.S. Marines, husband (and divorcee), father, world traveler, boat dweller, writer and all-around adventurer. He's also the author of "The Mountain Place of Knowledge," the first book in the Ancestor Series of adventure-thrillers (www.marshallchamberlain.com).

"Spend your days putting off your dreams, and the time to realize those dreams can easily slip away. Considering time and the unknowable nature of one's expiration date, all of life is a wager. I say the time for taking action on those ideas - usually relegated to daydreams - is now."

If the weekly working grind has got you feeling like a drone, Chamberlain offers the following tips on the way to becoming a true adventurer:

· Parlay your strengths into new adventures. With a period of his life invested in the USMC, Chamberlain became accustomed to a largely physical, Spartan-like existence. After his divorce, he decided to simplify the needs of his everyday life, so he became self-sufficient, living aboard a 30-foot sailboat for the better part of 10 years. He also traveled the world, participated in activities communing with nature, and pursued his passion to become an author of adventure-thrillers.

· Make a list of what's really important to you; trim the fat soon after. To put it simply, most of us will not know in advance of our death. We know one thing: we will one day die. With a finite amount of time to wager, we simply don't have the time to watch the same bad movie every Friday night. Go big! Lose 20 pounds of fat and gain 20 pounds of muscle; or take a chance with that crush you've been nursing for six months; or buy a guitar and learn how to play it! You don't have time for a banal life.

· Become fluent in a second language (literally and figuratively): Indeed, become familiar with Spanish, French, Italian or some other language. More importantly, become fluent in a new language to approaching life. Start saying yes to ideas that you've harbored for a long time. One thing leads to another; perhaps in learning Italian you'll develop a passion for the language's rich culture. This could lead you on a trip to Italy. Who knows? The important takeaway is: Don't fear a new kind of fluency.

· Confront your fears. Are you sick and tired of the sheer predictability of your 9-to-5 existence? Nothing shrugs off the dreary residue of the daily commute than jumping out of a plane to put things in perspective. If you have a fear of heights and skydiving is too overwhelming, consider going to the top of the tallest building near you. Confronting fear not only fills you with adrenaline ... you will also likely walk away filled with confidence. But don't let the adventure stop there! Let this be a lesson in affirming life's exciting potential; keep the adventure going by testing your limits.

About Marshall Chamberlain

Marshall Chamberlain is a man focused on his passions, with no time for extraneous niceties like pets, lawns, mortgages or plants. He has a Master's Degree in Resource Development from Michigan State University and a graduate degree in International Management from the Thunderbird School, just outside of Phoenix, Ariz. He was an officer in the U.S. Marine Corps and spent many years in investment banking, venture capital, and even as a professional waiter. He is obsessed with preparedness, survival and independence. This combination of traits leads him to all manner of adventure, including serious Stone Age survival classes. Chamberlain's primary worldview is simple but profound?"I'm in awe of the magnificence of this world," he says.