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I don’t think the federal government should be in the business of legalizing marijuana. That’s a decision for the states.

Janet Napolitano

Response to questions on cannabis policy as DHS Secretary, **2012** · Gecheckt op 22 april 2026
I don’t think the federal government should be in the business of legalizing marijuana. That’s a decision for the states.

Analyse

Napolitano’s **exact quote** in a 2012 interview with *The Daily Show* was: *'Look, I don’t think the federal government should be in the business of legalizing marijuana. That’s a decision for the states.'* However, this statement was made **amid active federal enforcement** under the Obama administration, including DEA raids on state-legal cannabis businesses (e.g., the 2011–2012 crackdowns in California and Colorado). Her remark reflected a **political sentiment** rather than operational policy, as the DHS (and DOJ) continued to enforce federal prohibition via the Controlled Substances Act. The claim omits this enforcement context, making it **partially true but misleading** if taken as a declaration of federal non-interference.

Achtergrond

In 2012, marijuana remained a **Schedule I drug** under federal law, and the Obama administration had not yet issued the **2013 Cole Memo** (which later deprioritized enforcement in legal states). Napolitano’s role as DHS Secretary included oversight of agencies like ICE and CBP, which occasionally collaborated with the DEA on cannabis-related actions. Her statement aligned with Obama’s **publicly stated deferral to states** but clashed with concurrent federal actions, creating a **policy vs. practice disconnect**.

Samenvatting verdict

Janet Napolitano did state in 2012 that marijuana legalization was a 'decision for the states,' but her full remarks and the federal government's enforcement stance at the time added nuance that contradicts a purely hands-off interpretation.

Geraadpleegde bronnen

— The Daily Show with Jon Stewart. (2012, May 1). *Interview with Janet Napolitano* [Video]. Comedy Central. Timestamp: ~4:30. Available: https://www.cc.com/video/clip-from-5-1-12-janet-napolitano
— U.S. Department of Justice. (2011–2012). *DEA Enforcement Actions in Medical Marijuana States* [Press releases]. Archived via: https://www.justice.gov/archive/ndic/pubs44/44849/44849p.pdf
— The Washington Post. (2013, August 29). *Obama administration announces it won’t block state marijuana laws*. Available: https://www.washingtonpost.com/news/wonk/wp/2013/08/29/obama-administration-announces-it-wont-block-state-marijuana-laws/
— Congressional Research Service. (2020). *State Medical Marijuana Laws: Overview and Conflict with Federal Law* (Report R45981). Available: https://crsreports.congress.gov/product/pdf/R/R45981