Medical marijuana: a policy ripe for the harvest
I’ve refrained from commenting on this “new” medical marijuana policy from the Justice Department because we’ve been disappointed by the White House before on this, and this particular statement has enough weasel words to make a fur coat. I hope I’m wrong, but it looks like it’s mostly meant to provide cover for more prosecutions. All new prosecutions will easily fall under one or more of the “exceptions” listed by Justice1.
What’s most interesting to me is that most of the “conservative” blogs I’m following are supporting letting states go their way on medical marijuana, either for federalist reasons or on its own merits. Medical marijuana has come a long way. If Obama were smart, he’d get the Democrats to make these guidelines the law—before the Republicans start pushing for it. If the Republicans were smart, they’d make this issue their own before the Democrats do it themselves.
Medical marijuana is already supported by a majority of voters in some polls, and pretty close to it in others; those who don’t support it don’t care about it. And states’ rights on medical marijuana doesn’t change any policy other than medicine. It doesn’t change the drug war; doctors already prescribe drugs with far worse side effects than marijuana. Pushing states’ rights for medical marijuana won’t lose any votes, but seeing Republicans spearhead the bill will make some Democrats take a second look at their own candidates.2
In the year of health care, this is an easy win for whoever champions it. For a brief moment voters hoped they’d found a politician who would actually produce real change, and they’ve been disappointed that he’s just more of the same. Even his supporters know there’s not much hope that these weaselly guidelines will truly change policy, even assuming he doesn’t throw them under the bus later. This is an opportunity to take a stand and cut some of those voters away by showing what federalism can do for them.
Between the last waffle and these guidelines, I’ve already seen some Obama supporters start turning against medical marijuana dispensaries here in California. Cognitive dissonance is a bitch, and these guidelines help them justify their new-found disdain for medical marijuana providers.
↑Of course, what’s most likely to happen is that Democrats will try to load the bill with poison pills to kill it. Can you imagine that? Republicans trying to pass a federalist medical marijuana bill and Democrats poison it to death? There would be heads exploding on campuses up and down the coasts.
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approval
- About the “new” federal medical marijuana policy: Michelle Malkin
- “Longtime readers will know that I have been very supportive of state initiatives on medical marijuana dating back to my years at the Seattle Times (see here, here, and here). So, I have no general policy quarrel with this at all. Finally, an Obama policy that officially reduces the role of the federal government.”
- Federal Sanity on Medical Marijuana?: Nick Gillespie at Reason Magazine
- “After several false starts, the Obama administration is making all the right noises on federal medical marijuana policy. The devil is in the details, of course, and how the policy is enforced (or not). But it represents the most compassionate and sensible policy to come out of Washington in a very long time.”
- Kudos To Obama at Dean’s World
- “Credit where it’s due: this is by far the most sensible administration we’ve seen on this issue.”
- Medical Marijuana Gets the Liberty You Don’t: Nick (ColoradoPatriot) at Gay Patriot
- “Two cheers today for the Obama Administration which announces that federal drug agents will cease harassment of medical marijuana users in states where it’s legal. That’s good news for liberty advocates in states such as my Colorado where dispensaries are beginning to pop up after medical MJ was legalized by referendum back in 1996.”
- A Step Toward Sanity on Medical Marijuana: Jonathan H. Adler at Volokh Conspiracy
- “As I’ve noted on The Corner, assuming this is an accurate account of the guidelines, this is a positive step toward a more rational drug control policy and greater respect for state-level policymaking.”
- Will Federal Medical Marijuana Raids Continue?: Jacob Sullum at Reason Magazine
- “While it’s good news that the Obama administration is putting its less aggressive approach to medical marijuana in writing, the ambiguity about which forms of cannabis distribution are legal under California law means the policy shift may not amount to much in practice.”
reality
- DEA Agrees With Me About Medical Marijuana: Jacob Sullum at Reason Magazine
- “Disagreements about who is allowed to grow and distribute medical marijuana and under what circumstances, especially in California, will continue to provide excuses for DEA raids.”
- Feds won’t overrule states on marijuana laws: Ed Morrissey at Hot Air
- “Nevertheless, this is still a good development. Not only does this forgo the spending of massive amounts of money in these fourteen states, it serves as an acknowledgment that states have sovereign rights themselves, including the right to make decisions about the legality of intoxicating substances.”
- On Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana: Tracy Russo
- “Of course, no State can authorize violations of federal law, and the list of factors above is not intended to describe exhaustively when a federal prosecution may be warranted. Accordingly, in prosecutions under the Controlled Substances Act, federal prosecutors are not expected to charge, prove, or otherwise establish any state law violations. Indeed, this memorandum does not alter in any way the Department’s authority to enforce federal law, including laws prohibiting the manufacture, production, distribution, possession, or use of marijuana on federal property. This guidance regarding resource allocation does not “legalize” marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, party or witness in any administrative, civil, or criminal matter. Nor does clear and unambiguous compliance with state law or the absence of one or all of the above factors create a legal defense to a violation of the Controlled Substances Act. Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion.”
- Rise up with fists!!: Jenny Lewis and The Watson Twins at Rabbit Fur Coat•
- “It’s hard to believe your prophets, when they’re asking you to change things, but with their suspect lives we look the other way.”
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