Before I came here I was confused about this subject. Having listened to your lecture I am still confused. But on a higher level.
-Enrico Fermi
As with all my posts, this one is especially written not to endorse or criticize any lifestyle choices, but only to share information about a subject that I was recently asked about. Much to my embarrassment, I had absolutely no information that I could provide. Researching the topic opened up a host of interesting issues to consider. In fact, it is this writer’s opinion that many persons who read this post will be just as surprised as I am by the phenomenon that appears to be sweeping the nation. This phenomenon is the rapidly growing number of states legalizing the use of marijuana.
The issues generally addressed in this post are as follows: Should states allow individuals to legally purchase marijuana for medicinal or recreational purposes? How does state law regarding marijuana reconcile with federal law? What is the status of Florida law regarding the legalization of marijuana?
The States’ Perspective
Although federal law unequivocally prohibits the sale or possession of marijuana, many states have legalized marijuana for medicinal use, such as: cancer, glaucoma, suppressing nausea associated with chemotherapy, mitigating the effects of multiple sclerosis, muscle spasms, seizures, hepatitis C infection, Crohn’s disease, as well as various other chronic and painful medical symptoms.
As of this posting, the following states allow marijuana to be used for medicinal purposes: Alaska, Arizona, California, Colorado, Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey New Mexico, Oregon, Rhode Island, Vermont, Washington, as well as the District of Columbia.
In addition to those states (and DC) that permit marijuana to be used for medicinal purposes, Colorado and Washington legalized marijuana for recreational use.
According to Oregon Congressman Earl Blumenauer, over 2 million people are incarcerated in the United States. This is more than any other country in the world.
Fifty percent of all federal inmates are there for drug-related crimes. This is a major part of the reason that spending on corrections has increased at a much higher rate than spending on higher education in the last 20 years.
Proponents say that making marijuana legal will create new avenues of tax revenue, and save a tremendous amount of taxpayer money because there are over 660,000 persons in the justice system serving time for simple possession. This costs taxpayers millions of dollars. People are serving time for using a drug that nearly half the nation’s population believes should be legal.
According to NBC Politics.com, a Gallup poll released in October of 2011 found that 50 percent of Americans favor legalizing marijuana. A decade ago, only around 34 percent were in favor.
Proponents point out that very high concentrations of doctors in almost 20 states prescribe marijuana. Simply put, how can so many doctors all be wrong about the medical value of marijuana?
The American Medical Association, American College of Physicians, and the American Nursing Association all support the legalization of medical marijuana.
Growing, selling, or possessing any amount of marijuana is illegal according to Federal law. There is no such thing as “medical” marijuana under Federal law.
State laws legalizing marijuana for recreational use or other purposes can face federal challenges, because marijuana possession is still a federal crime.
Pursuant to the Office of National Drug Control, the federal government considers marijuana to be a Schedule I controlled substance under the Controlled Substance Act. As a Schedule I drug, marijuana is classified under the following criteria:
- The drug has a high potential for abuse.
- The drug has no currently accepted medical use in treatment in the United States.
- There is a lack of accepted safety for the use of the drug under medical supervision.
The Office of National Drug Control also advises that the Food and Drug Administration approves medical use of isolated components of the marijuana plant and related synthetic compounds. This includes THC, the active ingredient in marijuana.
The drugs, Marinol, Cesamet, and Sativex all combine THC (or a similar chemical structure) with other ingredients. These drugs, it is argued, provide therapeutic benefits without the “high” from marijuana, and are acceptable to the Federal government.
Marijuana is not allowed on Veterans Administration medical facilities, and no VA-licensed pharmacy may dispense it, regardless of state law. It is explicit VA policy to prohibit VA treatment providers from completing forms seeking recommendations or opinions regarding a Veteran’s participation in a state marijuana program.
The Justice Department has not shown any clear mandate on how it intends to address state laws that have been passed permitting the use, possession, and growth of marijuana. Federal law enforcement officials are concerned that marijuana users in pro-marijuana states are openly ignoring federal law.
According to the New York Times, one option being discussed is for federal prosecutors to file cases against low-level marijuana users and wait for a person to defend the case by arguing that the drug is legal in the state. The Justice Department can then seek to obtain a court ruling that federal law prevails over state law.
More aggressive options being considered, are for the Justice Department to file multiple lawsuits against the pro-marijuana states, seeking to prevent them from setting up any system to regulate or tax marijuana, or completely cut off federal grants to states that refuse to repeal their pro-marijuana laws.
In response to the State of Washington’s passage of marijuana use for recreational purposes, the United States Attorney in Seattle, Jenny A. Durkan, responded as follows: “In enacting the Controlled Substances Act, Congress determined that marijuana is a Schedule I controlled substance. Regardless of any changes in state law, growing, selling or possessing any amount of marijuana remains illegal under federal law.”
The Department of Justice’s enforcement’s policy thus far is to not use limited resources to go after small-time users, but, instead, go after large-scale trafficking organizations. According to the New York Times, this policy is leading to more federal raids on marijuana dispensaries. This is occurring more than pro-marijuana proponents expected.
According to the Office of National Drug Control, “it is not likely an efficient use of federal resources to focus enforcement efforts on individuals with serious illnesses who use marijuana as a part of a recommended treatment regiment consistent with applicable state law or their individual non-commercial caregiver.”
Florida’s Perspective
In Florida, marijuana is still a Schedule I substance. Possession of more than 20 grams is a felony, punishable by up to five years in prison. There is a medical necessity “defense,” for possession, but it cannot be invoked until someone has already been arrested and charged.
Marijuana proponents are failing to make headway with the Florida Legislature.
Using an alternative strategy, efforts are being made by activists to educate the Florida Attorney General regarding the pro-marijuana agenda. Proponents assert that the Florida Attorney General can remove a drug from Schedule I, if she finds that additional testing, approvals, or scientific evidence indicate that controlled substances have a greater potential for beneficial medical use in treatment than was evident when originally classified.
Florida activist, Jodi James, hopes that at least a modest victory may be obtained.
Says James, “In Florida, if we cannot remove the criminal penalties for cannabis, we could at least push the criminal threshold for possession to 2 ounces, instead of the current 20 grams.” “We could make 2 ounces a felony, make the rest a fine and be no more liberal than Texas.”
“When you talk about a hotbed of conservatism or liberalism, we know where Texas falls.”
For the time being, it appears that the states and the Federal government are at a stalemate as to whether Federal law is going to be actively enforced, and how states will respond. No major efforts by the Department of Justice appear to be taking place at the moment, but as history always shows; political agendas are constantly in a state of flux.
-Leonardo G. Renaud
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