Pubdate: Mon, 16 Mar 2009 Source: New Haven Register (CT) Copyright: 2009 New Haven Register Contact: http://www.nhregister.com Details: http://www.mapinc.org/media/292 Author: Clarence Page Bookmark: http://www.mapinc.org/find?238 (Raich v. Ashcroft) Bookmark: http://www.mapinc.org/walters.htm (Walters, John) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) ENDING POT RAIDS ONLY A FIRST STEP TOWARD SANITY When Charles Lynch asked local officials for permission to sell an herbal medicine in the central California town of Morro Bay, they granted it to him, even though the medicine was marijuana. Marijuana recommended by a doctor has been legal in California since 1996. A dozen other states have passed similar laws. Illinois, Iowa, Minnesota and New Hampshire are among about 10 states that have been debating similar measures. Lynch applied for a business license, joined the Chamber of Commerce, talked to lawyers and even called the federal Drug Enforcement Administration before opening his medical marijuana dispensary with a grand ribbon-cutting ceremony. Unfortunately for Lynch, none of this prevented him from being arrested in March 2007 when federal authorities raided his home and small business. That's because the Supreme Court ruled 6-3 in Gonzalez v. Raich in 2005 that in the issue of medical marijuana, federal law trumps the states. "Today's decision," crowed President George W. Bush's drug czar at the time, John Walters, "marks the end of medical marijuana as a political issue." Not quite. President Barack Obama's attorney general, Eric Holder, has announced that the Justice Department will stop raiding marijuana dispensaries in California and other states that allow medical marijuana. But, that doesn't help Lynch, whose sentencing is scheduled for March 23. Lynch, who tried to conduct his business as openly and legally as possible under the laws enacted by Californians, is one of the more poignant examples of nonviolent offenders arrested and jailed by federal raiders. Putting the brakes on medical marijuana raids is only one small step of the many that still need to be taken toward a sensible drug policy after years of backpedaling by Bush. Obama apparently likes to multitask. Faced with a long list of thorny issues, he's decided to take them on while his honeymoon lasts. While he's at it, he needs to modernize federal policy on the medicinal use of marijuana. Stopping the raids in states where it's legal is good for starters. He also needs to lift what has amounted to a ban on scientific research and push to change federal law that equates marijuana with heroin. That's right. Since 1971, marijuana has been classified as a Schedule 1 narcotic, meaning it has no medical value. It's the same category as heroin. And as if that's not goofy enough, that would suggest marijuana is more dangerous than crack cocaine, a Schedule 2 drug. That's the kind of thinking that gave a green light for the DEA to terrorize growers, providers, caregivers and patients with hundreds of commando-style raids. At least 90 major raids have been conducted by DEA agents in California, according to the Marijuana Policy Project, which advocates legalization of medicinal marijuana. The Bush administration justified the federal crackdown against the medicinal use of marijuana as a way to stop some people from abusing the drug - as if some people didn't abuse every type of drug, legal or otherwise. In fact, the same rationale was used to justify alcohol prohibition a century ago. That didn't work out so well, either. Walters, like the drug czars before him, argued that the law must rely on scientific research, "not popular opinion." Yet, 10 years after a study commissioned by President Bill Clinton's administration found medical value in smoked marijuana, the Bush experts insisted that's not enough. Days before Obama's inauguration, the DEA denied an application by professor Lyle Craker, who for eight years has been fighting in and out of court to get a license for further DEA-approved research. Yet his study is the sort that must be done to provide the sort of data that the Bush administration said was lacking. Obama recently reversed much of what has been called the Bush administration's "war against science." He needs to stop the war against medicinal marijuana research, too. - --- MAP posted-by: Larry Seguin