	Introduction

Marijuana is the most commonly used illicit drug in the United States. In 2013, an estimated 19.8 million individuals in the United States aged 12 or older (7.5% of this population) were current (past month) users of marijuana. While reported marijuana use is similar to that in 2012, it has generally increased since 2007 when 5.8% of individuals aged 12 or older were current users of marijuana. Indeed, marijuana availability in the United States has increased, according to the Drug Enforcement Administration (DEA). This increase has been linked to factors such as rising marijuana production in Mexico and increasing marijuana cultivation in the United States led by criminal networks including Mexican drug trafficking organizations. The uptick in availability and use of marijuana in the United States is coupled with a general shift in public attitudes toward the substance. In 1969, 12% of the surveyed population supported legalizing marijuana; today, more than half (52%) of surveyed adults feel that marijuana should be legalized. In addition, 60% indicate that the federal government should not enforce federal laws prohibiting marijuana use in those states that allow for its use. In the November 2012 elections, voters in Washington State and Colorado voted to legalize, regulate, and tax small amounts of marijuana for recreational use . These moves have spurred a number of questions regarding their potential implications for related federal law enforcement activities and for the nation's drug policies on the whole. Trends in States

Over the past few decades, some states have deviated from an across-the-board prohibition of marijuana. Evolving state-level positions on marijuana include decriminalization initiatives, legal exceptions for medical use, and legalization of certain quantities for recreational use. In the November 2014 elections, legalization initiatives also passed in Alaska, Oregon, and the District of Columbia (DC), further expanding the disparities between federal and state marijuana laws in the United States. Enforcement Priorities: A Focus on Traffickers

Federal law enforcement has generally tailored its efforts to target criminal networks rather than individual criminals; its stance regarding drug (particularly marijuana) offenders appears consistent with this position. In an August 2013 memorandum, Deputy Attorney General Cole stated that while marijuana remains an illegal substance under the Controlled Substances Act, the Department of Justice would focus its resources on the "most significant threats in the most effective, consistent, and rational way." The memo outlined eight enforcement priorities for the Department of Justice:
Preventing the distribution of marijuana to minors;
Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
Preventing the diversion of marijuana from states where it is legal under state law in some form to other states;
Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
Preventing violence and the use of firearms in the cultivation and distribution of marijuana;
Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and 
Preventing marijuana possession or use on federal property. It is unclear whether or how the Department of Justice is tracking activity to ensure that standards are being met in states that have legalized marijuana. Data from the U.S. The U.S. Of the drug cases with marijuana as the primary drug type in FY2013, nearly 98% involved a drug trafficking sentence. As such, some policy makers may question whether the disparity between federal drug laws and those in states that have passed or enacted recreational legalization initiatives may pose challenges for the operation of collaborative law enforcement efforts and relationships—such as task forces and intelligence fusion centers in which federal, state, and local law enforcement all participate. As such, there is no evidence to suggest that the operation of these collaborative bodies will be impacted by the recreational legalization initiatives in the states. Legalization Impact on Criminal Networks

A number of criminal networks rely on profits generated from the sale of illegal drugs—including marijuana—in the United States. Without a clear understanding of (1) actual proceeds generated by the sale of illicit drugs in the United States, (2) the proportion of total proceeds attributable to the sale of marijuana, and (3) the proportion of marijuana sales controlled by criminal organizations and affiliated gangs, any estimates of how marijuana legalization might impact the drug trafficking organizations are purely speculative. Going Forward: Congressional Options

Given the differences in marijuana policies of the federal government and those of Alaska, Colorado, Oregon, Washington, and the District of Columbia, Congress may choose to address state legalization initiatives in a number of ways, or not at all. There are a host of options available to policy makers should they choose to address state-level legalization of marijuana, including affirming federal marijuana policy, exercising oversight over federal law enforcement activities, or incentivizing state policies through the provision or denial of certain funds. Policy makers may question whether federal law enforcement priorities have shifted in states that have altered their marijuana laws and regulations.
Marijuana is the most commonly used illicit drug in the United States. In 2013, an estimated 19.8 million individuals in the United States aged 12 or older (7.5% of this population) had used marijuana in the past month. While reported marijuana use is similar to that in 2012, it has generally increased since 2007 when 5.8% of individuals aged 12 or older were current users of marijuana. Mirroring this increase in use, marijuana availability in the United States has also increased. This growth has been linked to factors such as rising marijuana production in Mexico, and increasing marijuana cultivation in the United States led by criminal networks including Mexican drug trafficking organizations.
Along with the uptick in the availability and use of marijuana in the United States, there has been a general shift in public attitudes toward the substance. In 1969, 12% of the surveyed population supported legalizing marijuana; today, more than half (52%) of surveyed adults have expressed opinions that marijuana should be legalized. And, 60% indicate that the federal government should not enforce its marijuana laws in states that allow the use of marijuana.
The federal government—through the Controlled Substances Act (CSA; P.L. 91-513; 21 U.S.C. §801 et. seq.)—prohibits the manufacture, distribution, dispensation, and possession of marijuana. Over the last few decades, some states have deviated from an across-the-board prohibition of marijuana. Evolving state-level positions on marijuana include decriminalization initiatives, legal exceptions for medical use, and legalization of certain quantities for recreational use. Notably, in the November 2012 elections, voters in Washington State and Colorado voted to legalize, regulate, and tax the recreational use of small amounts of marijuana. In the November 2014 elections, legalization initiatives passed in Alaska, Oregon, and the District of Columbia, further spreading the discrepancy between federal and state marijuana laws in the United States. These latest moves have spurred a number of questions regarding their potential implications for related federal law enforcement activities and for the nation's drug policies on the whole. Among these questions is whether or to what extent state initiatives to decriminalize or legalize the use of marijuana conflict with federal law.
In general, federal law enforcement has tailored its efforts to target criminal networks rather than individual criminals; its stance regarding marijuana offenders appears consistent with this position. While drug-related investigations and prosecutions remain a priority for federal law enforcement, the Obama Administration has suggested that efforts will be harnessed against large-scale trafficking organizations rather than on recreational users of marijuana. In an August 2013 memorandum, Deputy Attorney General Cole stated that while marijuana remains an illegal substance under the Controlled Substances Act, the Department of Justice would focus its resources on the "most significant threats in the most effective, consistent, and rational way." The memo outlined eight enforcement priorities including preventing the distribution of marijuana to minors and preventing the diversion of marijuana from states where it is legal under state law into other states. It is unclear whether or how the Department of Justice is tracking activity to ensure that federal enforcement priorities are being followed in states that have legalized marijuana.
Some may question whether state-level laws and regulations regarding marijuana prohibition—in particular those that clash with federal laws—may adversely impact collaborative law enforcement efforts and relationships. Currently, there is no evidence to suggest that the operation of these collaborative bodies has been impacted by current state-level marijuana decriminalization or legalization initiatives. Data from the U.S. Sentencing Commission seem to indicate a federal law enforcement focus on trafficking as opposed to possession offenses. Of the federal drug cases with marijuana listed as the primary drug type (21.6% of total drug cases sentenced), over 98% involved a sentence for drug trafficking in FY2013.
A number of criminal networks rely heavily on profits generated from the sale of illegal drugs—including marijuana—in the United States. As such, scholars and policy makers have questioned whether or how any changes in state or federal marijuana policy in the United States might impact organized crime proceeds and levels of drug trafficking-related violence, particularly in Mexico. In short, there are no definitive answers to these questions; without clear understanding of (1) actual proceeds generated by the sale of illicit drugs in the United States, (2) the proportion of total proceeds attributable to the sale of marijuana, and (3) the proportion of marijuana sales controlled by criminal organizations and affiliated gangs, any estimates of how marijuana legalization might impact the drug trafficking organizations are purely speculative.
Given the differences between federal marijuana policies and those of states that have authorized use of marijuana in some capacity, Congress may choose to address state legalization initiatives in a number of ways, or choose to take no action. Among the host of options, policy makers may choose to amend or affirm federal marijuana policy, exercise oversight over federal law enforcement activities, or incentivize state policies through the provision or denial of certain funds.