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November 30, 2012 The Honorable Eric H. Holder, Jr. Attorney General of the United States 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Re: Colorados Legalization of Marijuana Dear Mr. Attorney General: On November 6, 2012, Colorado voters passed Amendment 64, a statewide initiative that makes it lawful for any adult to possess up to one ounce of marijuana for recreational use. Passage of Amendment 64 has left considerable uncertainty for employers and businesses in Colorado with regard to their legal rights and obligations. At a time when the Colorado economy is successfully emerging from the most recent economic downturn, enjoying certainty in our business decisions will assure continued growth in our economy.

The Colorado business community, as represented by the signatory organizations noted below, seeks clarity from the Department of Justice with regard to your intentions to enforce federal law under your prosecutorial discretion. The provisions of Amendment 64 are in direct conflict with the Controlled Substances Act (CSA) and other provisions of federal law. The CSA clearly states that federal law preempts state law when there is a positive conflict between the two jurisdictions.1 Furthermore, Amendment 64 violates the Supremacy Clause of the US Constitution as well as our governments treaty obligations ratified by Congress.2

Consequently, we encourage the enforcement of the CSA, to provide the certainty and clarity of law we seek. In 2010, you took a firm and aggressive position opposing Californias Proposition 19, the Regulate, Control and Tax Cannabis Act of 2010, an initiative similar to Amendment 64. In an October 13, 2010 memorandum to DEA officials, you specified: Let me state clearly that the Department of Justice strongly opposes Proposition 19. If passed, this legislation will complicate federal drug enforcement efforts to the detriment of our citizens. Regardless of the passage of this or similar legislation, the Department of Justice will remain firmly committed to enforcing the Controlled Substances Act (CSA) in all states. You stated further that if California voters were to approve Proposition 19, the Department of Justice would vigorously enforce the CSA against those individuals and organizations that possess, manufacture, or distribute marijuana for recreational use, even if such activities are permitted under state law. Today, we ask that you and the DOJ remain consistent in your commitment to the CSA and federal law to provide the bright line we, as employers in Colorado, seek. The uncertainty created by Amendment 64 is causing direct harm to Colorado businesses and is primarily based on not knowing how the conflict between federal and state law will be resolved. DOJ is the only party that can provide clarity with regard to this matter. Receiving this clarity before the end of the calendar year, or indeed, prior to the possibility that employees and others can legally (under state law) possess and consume marijuana is critical for Colorado businesses. Thank you for your prompt attention to this matter. Sincerely, Tamra Ward, President/CEO Sandra Hagen Solin, Executive Director

Colorado Concern

Northern Colorado Legislative Alliance

Mark Latimer, President/CEO Associated Builders and Contractors Rocky Mountain Chapter David May, President/CEO Fort Collins Chamber of Commerce

Steve Foster, President/CEO Colorado Technology Association

Sarah MacQuiddy, President/CEO Greeley Chamber of Commerce

Diane Schwenke, President/CEO Grand Junction Chamber of Commerce Rod Slyhoff, President/CEO Pueblo Chamber of Commerce

Joe Raso, President/CEO Colorado Springs Regional Business Alliance Eric Berglund , President/CEO Upstate Colorado Economic Development Corporation Tony Milo, President/CEO Colorado Contractors Association

Walt Elish, President/CEO Northern Colorado Economic Development Corporation

Spenser Willwock International Electrical Contractors Rocky Mountain Chapter

Tony Gagliardi, CO & WY State Director National Federation of Independent Business

 Bonnie Peterson, Executive Director Mindy Moree, President/CEO Club 20 Loveland Chamber of Commerce Don Childears, President/CEO Ryan Schaefer, President/CEO Colorado Bankers Association Chrisland Commercial Colorado Auto Recyclers Association Douglas County Business Alliance Attachments: Letter from Attorney General Eric Holder to Former Administrators of the DEA (Oct. 13, 2010) cc: The Honorable John Hickenlooper Governor State of Colorado The Honorable John Suthers Attorney General State of Colorado United States Attorney John Walsh District of Colorado Rebecca Blank Acting US Commerce Secretary The Honorable John Morse President of the Colorado Senate-Designee The Honorable Bill Cadman Colorado Senate Minority Leader The Honorable Mark Ferrandino Speaker of the Colorado House of Representatives-Designee The Honorable Mark Waller Minority Leader of the Colorado House of Representatives-Designee The Honorable Mark Udall US Senate The Honorable Michael Bennet

 ______________________________________________ 121 U.S.C. 903, Pub. L. 91-513, title II, Sec. 708, Oct. 27, 1970, 84 Stat. 1284 2Article 4(c), Single Convention on Narcotic Drugs (1961); See also Convention Psychotropic Substances (1971).

US Senate The Honorable Diana DeGette US Congress The Honorable Doug Lamborn US Congress The Honorable Mike Coffman US Congress The Honorable Ed Perlmutter US Congress The Honorable Scott Tipton US Congress The Honorable Jared Polis US Congress The Honorable Cory Gardner US Congress