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The Honorable Jay Inslee
Governor
State of Washington
Office of the Governor
P.O. Box 40002
Olympia, WA 98504-0002
The Honorable Robert Ferguson
Attorney General
Office of the Attorney General
1125 Washington Street SE
P.O. Box 40100
Olympia, WA 98504-0100
Dear Governor Inslee and Attorney General Ferguson:
Thank you for your letters of February 15, 2017, April 3, 2017, and May 8, 2017, which I
have attached to this letter as Exhibits A, B, and C for your convenience. I was pleased to read
that you share my concern for public health and safety and my belief that the federal and state
governments should work together to address our country's concerns with marijuana. Congress
has determined that marijuana is a dangerous drug and that the illegal distribution and sale of
marijuana is a crime. The Department remains committed to enforcing the Controlled
Substances Act in a manner that efficiently applies our resources to address the most significant
threats to public health and safety. I look forward to working with you on these issues.
I also read with interest the statement in your letter that you "have worked ... to establish
robust regulatory structures that prioritize public health and public safety," and that you believe
that the 2013 Cole Memorandum, its eight enforcement priorities, and related memoranda are an
"indispensable" part of the "framework" in your state. In that regard, I would note the
concluding paragraph: "nothing herein [in the Cole Memorandum] precludes investigation or
prosecution, even in the absence of any one of the factors listed above, in particular
circumstances where investigation and prosecution otherwise serves an important federal
interest." Thus, the memorandum "does not alter in any way the Department's authority to
enforce federal law, including federal laws relating to marijuana, regardless of state law."
I also recently read the 2016 report by the Northwest High Intensity Drug Trafficking
Area (HIDTA), entitled "Washington State Marijuana Impact Report." (.A copy of this report is
attached as Exhibit D.) This report raises serious questions about the efficacy of marijuana
"regulatory structures" in your state, including findings that:

 The Honorable Jay Inslee
The Honorable Robert Ferguson
Page 2
"[T]he medical market [for marijuana] is considered `grey' due to the lack of regulation
and oversight" and, furthermore, aspects of Washington's regulatory structure for the
"medical market" have "unintentionally led to the growth of black market enterprises";
• The "recreationally licensed" marijuana market also is incompletely regulated: the
leading regulatory violation in that market has been the "failure to utilize and/or maintain
traceability" of marijuana products;
• "Since legalization in 2012, Washington State marijuana has been found to have been
destined for 43 different states";
• 90% of public safety violations of the state's marijuana "regulatory structures" for
"recreational licensees" involved minors, according to data from the first year of
Washington's "recreational marijuana" laws. Violations include, for example, sales to
minors and employment of minors;
• "One in five l O'h grade students reported riding with a driver who had used marijuana —
9% reported driving within three hours of consumption," according to the most recent
data in the report;
• "49% of young adult drivers who used marijuana in the past month had driven a car
within three hours after using marijuana" and 64% of marijuana DUIs in Spokane Valley
involved youth, according to data from the first year of Washington's "recreational
marijuana" laws;
• "61.9% of drivers do not believe marijuana makes a difference in their driving ability"
and "[d]rivers with active THC in their blood involved in a fatal driving accident have
increased 133.2% from 2010 (16) to 2014 (23)";
• In 2014 alone, 17 THC extraction labs exploded; and
• There was a 54% increase in the number of marijuana calls to the State Poison Center
from 2012-2014.
•

These findings are relevant to the policy debate concerning marijuana legalization. I
appreciate your offer to engage in a continuing dialogue on this important issue. To that end,
please advise as to how Washington plans to address the findings in the Northwest HIDTA
report, including efforts to ensure that all marijuana activity is compliant with state marijuana
laws, to combat diversion of marijuana, to protect public health and safety, and to prevent
marijuana use by minors. I also am open to suggestions on marijuana policy and related matters
as we work to carry out our duties to effectively and faithfully execute the laws of the United
States. You may direct your response and suggestions to the Intergovernmental Affairs and
Public Liaison within the Office of Legislative Affairs, which can help coordinate any
communications logistics. I look forward to your response.
Sin
rely,
r-

e rso B. Sessions III
Attorney General

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