Pubdate: Tue, 24 Mar 2009
Source: Free Press, The (Kinston, NC)
Copyright: 2009 Kinston Free Press
Contact: http://www.kinston.com/sections/contact/
Website: http://www.kinston.com/
Details: http://www.mapinc.org/media/1732
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

HOLDER'S DECISION ON MEDICAL MARIJUANA IS A CONSTRUCTIVE FIRST

Attorney General Eric Holder's recent announcement that the federal
government will effectively end the Bush administration's policy of
raiding medical marijuana distributors who are operating legally under
state law is welcome and long-overdue news and in line with promises
President Barack Obama made repeatedly along the campaign trail.

Of course, this simple statement will require more detailed changes in
procedure as it is implemented, and it should be followed by more
thoroughgoing reform of federal laws applicable to marijuana.

Holder refined his position by saying, as The New York Times
paraphrased him, that "the Justice Department's enforcement policy
would now be restricted to traffickers who falsely masqueraded as
medical dispensaries and 'use the medical marijuana laws as a
shield.'" That could leave open a range of activities that appear to
us more designed to undermine state law than to uphold federal law or
protect innocent citizens. For example, Thom Mrozek, a spokesman for
U.S. Attorney Thomas O'Brien in Los Angeles, under whose auspices
dozens of raids have been conducted, noted that only four operators
and their associates had actually been charged in the past seven
years, and claimed that "in every single case we have prosecuted, the
defendants violated state as well as federal law." The relative rarity
of actual prosecutions suggests that raids on dispensaries are
designed more to intimidate people than to put criminals behind bars,
and resembles domestic terrorism more than legitimate law enforcement.
Assuming Holder is sincere and that rogue elements in the Drug
Enforcement Administration do not conduct unwarranted raids, however,
this is an important step. It should not be the last step.

Under the federal Controlled Substances Act, marijuana is listed on
Schedule I, the most restrictive regimen, making any possession,
production, transportation or use of the substance illegal.

However, the law itself says that for a drug or substance to remain on
Schedule I, it must have a high potential for abuse, have no accepted
medical use and be incapable of being used safely under medical
supervision. Marijuana does not meet any of these criteria. Therefore,
under existing law it is arguably illegal to keep it on Schedule I.

Over the years a number of citizen efforts to get marijuana
"rescheduled" have been undertaken. On each occasion, including one
when the DEA's chief administrative law judge issued an official
ruling saying it would be "unreasonable, arbitrary and capricious" to
keep marijuana on Schedule I, the DEA administrator has made a
political decision to keep marijuana on Schedule I. The Obama
administration has said that on medical matters it will be guided by
science rather than political considerations. If that is so, it should
immediately expedite one of the pending rescheduling applications and
decide it based on science rather than hysteria. Attorney General
Holder has announced a constructive first step on medical marijuana.
There is more to be done, however.
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