As I write today on the website of the Washington, DC politico newspaper The Hill, we must demand that the Senate ask Ms. Leonhart tough questions regarding her past record and her intentions moving forward.

Obama’s pick to head DEA needs to answer some tough questions
via The Hill

[excerpt] Ms. Leonhart’s actions and ambitions are incompatible with state laws, 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.

The Hill is the paper of record on Capitol Hill, so please click here to read my entire commentary and leave respectful feedback. Then please contact your U.S. Senator directly. For your convenience, a pre-written letter will be e-mailed to your member of the U.S. Senate when you click here. You can also call your U.S. Senate office and leave a short message by going here.

As president, Obama can also support scientific, clinical research into the medical properties of cannabis by encouraging the DEA to abide by the February 2007 ruling of the agency’s own administrative law judge, which found that it would be “in the public interest” to allow private entities to grow medical-grade cannabis for FDA-approved trials.

Thanks to a parting shot by outgoing DEA Deputy Administrator Michele Leonhart, the new administration may never get that opportunity.

On Wednesday, January 7th, Ms. Leonhart published a 118-page decision setting aside DEA Administrative Law Judge Mary Ellen Bittner’s 2007 ruling. The DEA’s decision constitutes a formal rejection of University of Massachusetts at Amherst Professor Lyle Craker’s petition, filed initially June 24, 2001, to cultivate research-grade marijuana for use by scientists in FDA-approved studies aimed at developing the drug as a legal, prescription medication.

To those not wholly familiar with this case and Judge Bittner’s ruling, here’s how I initially reported on it:

[Judge Bittner's] ruling affirms that the DEA in 2004 improperly rejected an application from the University of Massachusetts (UMass) at Amherst to manufacture cannabis for FDA-approved research.

Bittner opined: “I conclude that granting Respondent’s application would not be inconsistent with the Single Convention, that there would be minimal risk of diversion of marijuana resulting from Respondent’s registration, that there is currently an inadequate supply of marijuana available for research purposes, that competition in the provision of marijuana for such purposes is inadequate, and that Respondent has complied with applicable laws and has never been convicted of any violation of any law pertaining to controlled substances. I therefore find that Respondent’s registration to cultivate marijuana would be in the public interest.” (emphasis mine)

… Because Judge Bittner’s 2007 ruling is non-binding, the DEA has no deadline to act on it.

Under current policy, all federally approved research on marijuana must utilize cannabis supplied by and grown under contract with the US National Institute on Drug Abuse (NIDA). By contrast, other controlled substances – including LSD, heroin, and MDMA (Ecstasy) – are available to researchers from multiple private manufacturers.

In 2004, the agency’s director, Nora Volkow, stated that it is “not NIDA’s mission to study the medical uses of marijuana.”

In her rejection of Judge Bittner’s ruling, Deputy Administrator Leonhart makes it clear once again that politics — not science — continue to govern America’s policies toward the research and use of medicinal cannabis.

For further information on this breaking story, please tune in to this evening’s edition of the NORML Daily Audio Stash.