Pubdate: Thu, 15 May 2014
Source: Albany Democrat-Herald (OR)
Copyright: 2014 Lee Enterprises
Contact: http://drugsense.org/url/HPOp5PfB
Website: http://www.democratherald.com/
Details: http://www.mapinc.org/media/7

FEDERAL TWEAK ON POT LAW WOULD CLEAR WAY FOR STATES

As states such as Oregon continue to experiment with medical 
marijuana and legalization, the big shadow remaining over the issue 
is the federal government and how it plans to enforce drug laws.

Marijuana, of course, still is illegal under federal law - in fact, 
it continues to be classified as a Schedule I narcotic, listed among 
the most dangerous illicit drugs we know. This is a designation that 
dates back to the administration of Richard Nixon and his war on 
drugs. Regardless of what you think about marijuana, it's pretty 
clear that it doesn't deserve that kind of classification.

The Obama administration has been reasonably clear that it doesn't 
plan to go out of its way to enforce federal law in those states that 
have legalized or decriminalized recreational marijuana or allow 
medical marijuana. But that could change at a moment's notice or when 
a new president takes office. And the long-running conflict between 
federal and state laws continues to leave our drug policy in shambles.

If you're expecting this Congress and this administration to hack 
through this tangle with a bold initiative, keep dreaming. But there 
is legislation before Congress - sponsored by a Republican, no less - 
that could at least clear the stage for states to move forward with 
their own marijuana initiatives.

The measure is H.R. 1523, primarily sponsored by California Rep. Dana 
Rohrabacher. (Oregon Rep. Earl Blumenauer is listed as a cosponsor.)

The bill is short - two pages - and relatively simple. (An article in 
the online news publication Slate quoted Rohrabacher as joking that 
the bill is so straightforward that "even a congressman can understand it.")

H.R. 1523, titled the Respect State Marijuana Laws Act, would clarify 
that some provisions of federal law relating to pot do not apply to 
any person acting in compliance with state laws relating to the 
"production, possession, distribution, dispensation, administration, 
or delivery of marihuana." (Yes, Congress still uses the charmingly 
old-fashioned spelling "marihuana.")

In other words, if you're following the laws of your state regarding, 
say, medical marijuana, or even laws that regulate marijuana in the 
same way that alcohol is regulated (the thrust of legalization 
efforts in Colorado and Washington), you could not be prosecuted 
under federal drug law.

The proposed law simply would codify the practice followed thus far 
by the Obama administration.

And by guarding against the possibility that the administration might 
have a change of heart - or, more likely, that a new administration 
would have a different view of "marihuana" - it would clear the way 
for states to continue their experiments with legalization or 
dispensaries or decriminalization.

Those experiments likely will include a ballot measure (maybe more 
than one) in November legalizing marijuana in Oregon.

H.R. 1523 is a small but significant step - and one that even 
Republicans, who are wary of overreaching federal power, can get 
behind. Congress should pass the bill.
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MAP posted-by: Jay Bergstrom