Pubdate: Tue, 03 Mar 2009
Source: San Mateo County Times, The (CA)
Copyright: 2009 ANG Newspapers
Contact:  http://www.sanmateocountytimes.com/
Details: http://www.mapinc.org/media/392
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

LEAVING MEDICAL MARIJUANA TO STATES IS A WELCOME CHANGE

Finally, users of marijuana for legitimate medicinal purposes can stop
living in fear of the federal government. Cancer patients in
California, for example, will be able to use cannabis to treat the
nausea brought on by chemotherapy without worries of winding up in
jail.

U.S. Attorney General Eric Holder said last week that the Obama
administration will leave it to states to enforce their own rules on
medical use of pot. It's a welcome change from the aggressive attacks
by the past two presidential administrations on laws legalizing use in
California and now about a dozen other states.

California voters in 1996 passed Proposition 215, which made it legal
to sell marijuana to people who have a doctor's prescription. As a
result, hundreds of dispensaries regulated under state law by local
governments have opened up across the state. But it's been a constant
struggle.

The Clinton administration launched an attack on the law, eventually
winning a Supreme Court case granting the federal government authority
to shut down nonprofit organizations that supplied medical marijuana.
The administration also tried unsuccessfully to punish California
doctors who recommended marijuana to their patients.

Then the Bush administration stepped up the harassment by raiding
medical marijuana growers and clinics, and using federal drug laws to
prosecute suppliers. In some cases, the Drug Enforcement
Administration and federal prosecutors have written to dispensaries'
landlords, threatening forfeiture of their properties unless they
evict their tenants.

For an administration that preached states' rights, this was an
appalling usurpation by the federal government.

During last year's campaign, Obama made it clear that he would reverse
the policies. Asked about that last week, Holder said the change was
being implemented.

"What the president said during the campaign, you'll be surprised to
know, will be consistent with what we'll be doing in law enforcement,"
Holder said. "What he said during the campaign is now American policy."

Medical marijuana advocates are pleased. But it's unclear what will
happen to prosecutions already in progress and to those who have been
convicted under the federal crackdown.

The Obama administration should dismiss the pending cases and release
people currently serving federal marijuana sentences who had complied
with state laws.

Moreover, the administration should consider expanding research into
therapeutic uses for marijuana. The drug is a low-cost treatment
alternative that shouldn't be dismissed because of prejudices about
cannabis.

It's been more than 12 years since voters voiced their preferences.
Finally, their wishes are being respected in Washington.
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MAP posted-by: Larry Seguin