Pubdate: Fri, 28 Dec 2012
Source: Press-Enterprise (Riverside, CA)
Copyright: 2012 The Press-Enterprise Company
Contact: http://www.pe.com/localnews/opinion/letters_form.html
Website: http://www.pe.com/
Details: http://www.mapinc.org/media/830

CONGRESS NEEDS TO CLARIFY MARIJUANA LAWS

California, 17 other states and the District of Columbia have placed 
their residents in legal jeopardy over the sale and possession of 
marijuana for medical purposes. Now two of those states - Washington 
and Colorado - have done the same for recreational use. It's time for 
Congress to either adopt a more federalist approach to marijuana 
laws, or to reiterate that the plant is an illegal controlled substance.

Washington and Colorado voters approved pot-possession initiatives in 
last month's elections. But the marijuana story that created the most 
election buzz this year was the endorsement of Mitt Romney by the 
creator of the comic strip "Dilbert," Scott Adams. It was a "firing 
offense," Adams wrote, for President Obama to put "an American 
citizen in jail for 10 years to life for operating medical marijuana 
dispensaries in California where it is legal under state law."

Adams was referring to the case of Aaron Sandusky of Rancho 
Cucamonga, who was operating dispensaries in Upland, Colton and 
Moreno Valley. He was convicted in federal court in October on 
charges including conspiracy to manufacture and possess with intent 
to distribute marijuana. He received a sentence of 10 years to life.

Sandusky's prosecution demonstrates the legal ambiguity under which 
medical marijuana dispensaries and patients now conduct their 
business. The state says what they're doing is legal. The federal 
government says it's illegal. And whether buyer and seller go home to 
their families at night or go to prison depends in large part on the 
attitude of the local U.S. attorney.

Medical-marijuana buyers and sellers might have presumed that the 
Obama administration had carved out a safe harbor for them. In 2009, 
Attorney General Eric Holder stated that "it will not be a priority 
to use federal resources to prosecute patients with serious illnesses 
or their caregivers who are complying with state laws on marijuana." 
And Obama himself told ABC News this month that prosecuting marijuana 
users in states that have legalized the drug should not be a "top 
priority" for the federal government.

But priority or not, anyone violating federal law can face criminal 
charges, regardless of state legislation to the contrary.

The capricious nature of Sandusky's prosecution is one reason 
Congress should revisit federal marijuana laws. Governments should 
uniformly and even-handedly enforce their laws. Otherwise, justice 
becomes subjective, with enforcement based on prosecutors' opinions 
or political whims. Citizens need to know that law enforcement will 
treat them the same as their neighbors - or in Sandusky's case, their 
competitors - for engaging in identical actions.

There are other troubling issues surrounding the state of marijuana 
law enforcement.

For one thing, the Obama administration's statements about priorities 
should concern Americans devoted to the idea that this is a nation of 
laws, not of men. Holder's job is to enforce laws Congress enacts, 
not to pick and choose which laws to enforce, or to enforce some of 
the laws some of the time. Such attitudes breed disrespect for the 
law in general.

For another, a growing number of states - whether by voter initiative 
or through their legislatures - are shrugging at Washington. The 
federal government has a responsibility either to put down this minor 
rebellion, as it has with others in the past, or lighten up 
officially by changing the law and giving states responsibility for 
enacting and enforcing their own marijuana statutes.

Americans should be able to conduct their affairs with certain 
knowledge that their actions are within the law or beyond it. The 
existing discordance between state and federal laws, which sows doubt 
and offends justice, is unacceptable.
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MAP posted-by: Jay Bergstrom