Feds Must Put Up or Shut Up on Marijuana

by John M. Curtis
(310) 204-8700

Copyright Dec. 6, 2012
All Rights Reserved.                                         

           Today, Washington State became the first state in the union to legalize Marijuana for recreational use—a sign the “times they are a changin,” as pop folk singer Bob Dylan sang in 1964.  Now that Baby Boomers make up the strongest U.S. voting block, attitudes toward marijuana have changed around the country.  While polls show that Democrats favor legalization more that Republicans, it may be the only issue bridging the nation’s partisan divide.  Legalization legislation recently passed in Colorado Nov. 6 and slated to go into effect Jan. 6, the U.S. Drug Enforcement Agency has some big decisions of whether or not to reclassify marijuana from its current status as a dangerous, Schedule 1 narcotic to one like alcohol.  Banned by the U.S. Marijuana Tax Act in 1927, generations of citizens have paid a draconic legal price costing the states millions—if not billions—to prosecute and incarcerate offenders.

            Today’s legalization effort is built on sound medical evidence that marijuana is less dangerous than alcohol in terms of its long-term health risks.  Instead of throwing money down a rat hole to prosecute and incarcerate marijuana offenders, a growing number of states, like Washington and Colorado, have moved to legalize recreational marijuana use.  For 16 years, 18 states, led by California’s 1996 Prop 215 or “Compassionate Use Act,” have legalized marijuana under doctors’ prescriptions for medical purposes.  Despite the proliferation of medical dispensaries around the state and, admittedly, the recreational use of medical marijuana, medical authorities have reported no increase in incidence or long-term adverse effects.  Opponents’ claims of health risks to marijuana use aren’t supported by current or past medical evidence regarding potential harmful side effects.

            Slated to complete his term as President Obama’s Attorney General, 61-year-old Eric Holder has signaled he bowing out Jan. 20, 2013.  Whoever replaces Holder must work with the DEA to reclassify marijuana so states like Washington, Colorado and a host of others surely to follow can successfully implement marijuana legalization legislation.  Expected to start commercially selling marijuana Jan. 6 in Colorado, the DEA needs to reclassify marijuana to fit today’s public acceptance of marijuana use.  “Regardless of any changes in state law, including the change that will go into effect Dec. 6 in Washington state, growing, selling or possessing any amount of marijuana remains illegal under federal law,” said U.S. Atty. Jenny Durkan in Seattle.  Durkin reflects current obsolete federal laws that don’t distinguish between marijuana and other dangerous narcotics, like heroin.

            Instead of passing the buck, Obama needs to step into the fray and ask Holder to deal with the obsolete discrepancy classifying marijuana the same as heroin.  If the DEA simply takes marijuana off the dangerous narcotic list, it would be a step in the right direction.  If the federal government currently makes exceptions for medical marijuana, it’s time to accept the will of voters that seek legalization.  No matter how powerful the prison lobby, states can no longer afford to prosecute and incarcerate marijuana offenders.  Instead of warehousing marijuana offenders, the states should be regulating its use and collecting hefty taxes the same way they do for alcohol and tobacco.  Public support nationwide run about 50% for legalizing marijuana, with some state like Colorado and Washington state much higher.  Whatever the old arguments against legalization, they’re outweighed by today’s progressive views.

            Instead of pretending things haven’t changed, the federal government must move with the times and change current DEA laws related to marijuana.  Gone are the days of endless debates about the merits or pitfalls of marijuana.  Sixteen years of medical marijuana has demonstrated that there’s no “gateway effect” or moving to harder drugs for marijuana users.  Unlike commonly prescribed benzodiazapines, like Xanax, there’s no known withdrawal syndrome from regular marijuana use.  Federal authorities have to stop demonizing marijuana and exaggerating its bad effects to finally reclassify the drug where its no longer on a par with heroin.  All the talk of how federal drug agents will now prosecute the good people of Colorado or Washington State needs to be addressed urgently.  Federal officials have bigger fish to fry than harassing law-abiding citizens for using marijuana.

            Recently passed legalization laws mirror national trends of growing acceptance of marijuana use.  Compassionate use laws were a logical first step to measure the consequences of long-term marijuana among various segments of the population.  Sixteen years of medical marijuana demonstrate that the numbers of people using marijuana doesn’t vary too much based on availability.  As long as a certain portion of the population uses marijuana, it’s only right that the state collects appropriate taxes to fund education, health care and other priority programs.  Old arguments about adverse side effects or damage to society haven’t been proven by the data.  Sixteen years of medical marijuana use indicates the drug is safer than alcohol and ready for public consumption.  Federal officials need to heed the will of the people and reclassify marijuana for future legalization.

 John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He's editor of OnlineColumnist.com.and author of Dodging the Bullet and Operation Charisma.

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