Pubdate: Sun, 19 Jun 2016
Source: Denver Post (CO)
Copyright: 2016 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Tom Downey

HOW DEA SHOULD CLASSIFY POT

A Three-Part Approach Can Satisfy State, Feds Alike

This summer may be a big moment in the national conversation about 
marijuana. With a decision coming by July 1, the U.S. Drug 
Enforcement Agency could partially legalize medical marijuana, and 
the federal government could usher in a new era with a comprehensive 
and multi-structural approach to pot policy.

Just don't expect to fill a marijuana brownie prescription at your 
local drug store any time soon.

Marijuana has been a Schedule I narcotic since 1970. That means, in 
the eyes of the federal government, marijuana has no medicinal value 
and is highly addictive.

It is illegal under federal law to grow, possess or sell it. To put 
this in perspective, cocaine is a Schedule II narcotic - legally 
available under highly restrictive circumstances. The DEA's options 
are to keep marijuana as Schedule I or to reschedule or de-schedule 
it. De-scheduling would allow use for non-medical, recreational 
purposes like alcohol.

Rescheduling would allow use like a regular prescription issued by a 
physician and filled by a pharmacy under a DEA license, like Codeine. 
If this happened, marijuana prescriptions would almost certainly be 
allowed only in traditional medicinal forms, such as pills and 
extract drops and perhaps topical lotions and nebulizers. It's 
unlikely that the DEA and the Food and Drug Administration would 
allow prescriptions for smokable marijuana or pot brownies and other edibles.

Although legal under state law in more than half the states, 
marijuana is still illegal federally, and federal law trumps.

Since 2009, the federal government has followed a policy of 
non-enforcement. In short, the federal government is not enforcing 
federal marijuana laws, as long as anyone involved is in compliance 
with state marijuana laws. It is akin to the nonenforcement of 
traffic laws, for speeding a few miles per hour over the limit.

If the DEA keeps marijuana on Schedule I, the federal government 
risks continued suffering by those with true medical ailments and 
continued lack of scientific study.

The DEA would be wildly out of step with rapidly changing public opinion.

If the DEA de-schedules marijuana, big tobacco companies could take 
over, and the fears of many anti-marijuana advocates would be realized.

Rescheduling marijuana for medical/prescription use, but shutting 
down the state recreational side, would result in unintended negative 
consequences. Because prescriptions are not taxed, state and local 
jurisdictions would lose millions of dollars in tax revenues. 
Colorado collected nearly $135 million in medical and recreational 
marijuana taxes and license fees in 2015 on a combined medical and 
recreational market of nearly $1 billion.

With a prescription-only industry, states would lose their current 
marijuana-related jobs to existing pill-manufacturing companies.

With rescheduling to a prescription-only federal system, the residual 
state systems will continue to grow. More states will legalize 
medical and recreational marijuana, and only a small piece of the 
consumer market would be siphoned off by the marijuana prescriptions 
allowed through rescheduling. Therefore, the federal government will 
need a comprehensive approach to a new dual-system era.

All relevant goals and concerns can be addressed with a three-part approach:

1. Reschedule marijuana from Schedule I (completely illegal) to 
Schedule III (legal for medical purposes, allowed only by 
prescription). This would only address a small percentage of the 
current market, as most marijuana in Colorado and other legal states 
is consumed by smoking, vaping and edibles.

Rescheduling would legalize marijuana testing and patient studies for 
universities.

2. Continue the federal non-enforcement policy for recreational 
marijuana. Rescheduling for medical purposes would align with the 
federal government's current stance towards state-legal recreational 
structures. Under a dual system, the recreational market would 
increase rapidly with customer demand for nonprescription smokable 
marijuana and edibles.

Jurisdictions with excise taxes on recreational marijuana would bring 
in additional revenues for regulation based on federal enforcement priorities.

3. Create a coalition of states to adopt uniform, comprehensive 
regulation and enforcement for recreational marijuana to address 
public safety concerns.

A coalition of states could create model laws and regulations to 
create uniformity in packaging, labeling, portion size, marijuana oil 
extraction safety standards, pesticide use, testing, etc., as well as 
joint enforcement. The federal government could add its support for 
public safety and consumer protection by: 1) amending banking laws to 
allow marijuana businesses to have checking accounts and receive 
loans, and reduce the crime associated with cash-only businesses; 2) 
allowing the U.S. Patent and Trademark Office to award patents and 
trademarks; and 3) amending the IRS Code to allow marijuana 
businesses to take standard business deductions.

These reasonable steps address both public safety and public opinion 
with a reality-based approach to marijuana regulation. This is 
regulation that works for the people.
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MAP posted-by: Jay Bergstrom