Pubdate: Tue, 20 Jun 2017
Source: Press-Enterprise (Riverside, CA)
Copyright: 2017 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 SHOULD KEEP DEPARTMENT OF JUSTICE OUT OF STATES' MARIJUANA RULES

Donald Trump was not elected president to renew crackdowns on
marijuana in states that have legalized it for medicinal or
recreational purposes.

Last week, it was revealed that U.S. Attorney General Jeff Sessions
sent a private letter to congressional leaders dated May 1 asking them
to lift the Rohrabacher-Farr amendment, which prevents the Justice
Department from meddling with state medical marijuana laws.

"I believe it would be unwise for Congress to restrict the discretion
of the Department to fund particular prosecutions, particularly in the
midst of an historic drug epidemic and potentially long-term uptick in
violent crime," Sessions wrote, citing no evidence linking medical
marijuana to the "historic drug epidemic" or violent crime increases.

The Rohrabacher-Farr amendment, first enacted in 2014, is an important
barrier to unnecessary federal intrusion in states which have
considered and enacted laws permitting, by varying degrees, the use of
marijuana for medicinal purposes.

While marijuana remains illegal under the federal Controlled
Substances Act, Congress should retain the Rohrabacher-Farr amendment
to protect the right of states to make their own choices.

The majority of states, and the District of Columbia, now have laws on
the books permitting marijuana for medicinal purposes. As an April
Quinnipiac poll found, 73 percent of Americans oppose federal
intervention in states which have legalized marijuana for either
medicinal or recreational purposes. For the Trump administration to
intervene now would not only contradict campaign statements by Trump
himself favoring states' rights on marijuana policy, but also
needlessly flout the wishes of most Americans.

But clearly a legislative solution is needed beyond simply restricting
the ability of the Justice Department to enforce laws against medical
marijuana.

One such proposal was reintroduced last week by a bipartisan group of
U.S. senators, including Sen. Cory Booker, D-N.J., and Sen. Rand Paul,
R-Ky. Called the CARERS Act, the bill would protect the possession,
production and distribution of medical marijuana so long as
individuals and businesses are in compliance with state laws
permitting such activity. It would also allow Veterans Affairs
physicians to prescribe medical marijuana, and remove federal
restrictions on cannabidiol, a non-intoxicating chemical in marijuana
which can treat problems like epilepsy.

The idea of depriving individuals suffering from ailments like cancer
of safe access to medical marijuana is a cruel one that does nothing
to make anyone safer.

Another proposal to consider is the Ending Federal Marijuana
Prohibition Act, introduced by Rep. Tulsi Gabbard, D-Hawaii, and Rep.
Tom Garrett, R-Va., which would remove marijuana from the confines of
the federal Controlled Substances Act, leaving to the states the
autonomy to make their own choices, as with alcohol and tobacco. This
would permanently resolve the conflict between state and federal law
on medical and recreational marijuana.

For now, Congress should retain the Rohrabacher-Farr amendment and
work toward shifting greater power over marijuana policy to the states.
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