Analysis
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.
Background
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**.
Verdict summary
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.