Pubdate: Tue, 18 May 2010
Source: Denver Post (CO)
Copyright: 2010 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

WILL FEDS ALLOW STATE POT LAWS?

Colorado and Other States That Have Enacted Medical Marijuana Laws 
Should Be Allowed to Proceed Without Federal Interference.

Now that Colorado is poised to begin regulating medical marijuana 
dispensaries, it makes sense to consider how the potential state law 
jibes with the long arm of federal law.

Though President Obama's administration is taking a tolerant view 
toward the 14 states with medical pot laws, future administrations 
might decide to strictly enforce federal laws, which don't recognize 
the drug as anything other than illegal.

Colorado's Rep. Jared Polis, D-Boulder, has co-sponsored a measure 
that says as long as the doctors who prescribe, patients who use, 
dispensaries that sell and growers that provide medical marijuana 
follow state laws, federal drug agents would not be allowed to arrest 
or charge them with drug crimes.

That's an important exception to make because unless Gov. Bill Ritter 
surprises lawmakers with a veto, Colorado is on its way to 
sanctioning dispensaries and creating a vast new regulatory framework 
for the burgeoning new industry.

We don't think the dispensary model was what voters had in mind when 
they legalized medical marijuana in 2000. But though we have 
expressed several misgivings toward the proposed medical marijuana 
law, it would be highly improper and destructive for the federal 
government to undermine it.

Polis' measure, HR 2835, also would downgrade marijuana within the 
rubric of the Controlled Substances Act from Schedule I to Schedule 
II - an unnecessary provision that will only heighten the opposition 
from states without medical marijuana laws.

The measure, co-sponsored by Rep. Barney Frank of Massachusetts, 
doesn't prevent federal drug agents from conducting investigations 
and arresting bad actors. Federal charges still could be brought 
against those who break state rules. Rather, the measure would simply 
recognize the will of the people in states that have allowed use of 
medical marijuana.

We think that is proper, though we have significant concerns about 
how such a provision would work in the real world. (And yes, we 
question whether Congress has the will to take up HR 2835 and address 
the controversial subject anytime soon. Polis' measure was introduced 
last year.)

The proposal would create a federal medical marijuana exemption for 
any state that wished to opt in. Yet each state regulates its medical 
pot differently, and some states have struggled to do so effectively.

To date, the medical marijuana industry in Colorado has been more 
like a carnival that has allowed tens of thousands of residents with 
questionable ailments to join legitimate users who more readily fit 
the definition of someone who is truly suffering.

Polis argues that Colorado effectively polices its tobacco and liquor 
industries, and that it is reasonable to assume it will be able to do 
so with medical pot.

And it is true that new state provisions could make it more difficult 
to obtain a medical pot permit while creating a system of supervision 
of dispensaries.

Given that lawmakers have embarked on this journey, we think they 
should be allowed to do so without federal interference. 
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MAP posted-by: Richard Lake