MARIJUANA FOR LEGAL USAGE: COUNTERPOINT

The U.S. federal law that currently prohibits the production, sale,
possession and use of marijuana is the Controlled Substances Act. This 1970
statute is enforced by the attorney general through the Drug Enforcement
Administration.

The CSA outlaws any natural or synthetic substance containing the
psychoactive cannabinoid THC, the compound responsible for most of
marijuana's narcotic effect.

Cannabis that contains THC, which the CSA calls "Marihuana," is listed as a
'Schedule I' narcotic. This is the most dangerous of the act's five
controlled-substance categories.

According to the CSA's definition, Schedule I substances have a high
potential for abuse and no safe or effective medical use, even when used
under a doctor's supervision.

Over a dozen U.S. states have passed laws that conflict with the CSA's
regulations and cities in almost two dozen states have adopted local
ordinances relaxing the penalties or enforcement of federal cannabis laws.

Regardless of their earnest intention to reflect the public's growing
acceptance of marijuana, these state and local laws remain subordinate to
the federal restrictions of the CSA, according to the U.S. Supreme Court.

In its 2005 decision in "Gonzales vs. Raich," the high court affirmed the
federal government's ability to ban cannabis even for medical purposes. The
Supremacy Clause of the U.S. Constitution allows federal law to override
state law.

In cities and states whose governments have "decriminalized" the
production, sale, possession or use of marijuana, federal sentencing laws
still threaten potential pot users with heavy fines and jail sentences.

The Anti-Drug Abuse Act of 1986 even allows the death penalty to be used
against what the act defines as "drug kingpins." That's regardless of where
in the U.S. the kingpin gets busted.

Loosening state and local restrictions is not the answer to the cannabis
conundrum.

One promising treatment for sick patients who need medical marijuana is a
new class of drugs containing synthetic THC. The prescription pill Marinol
and nasal spray Sativex both contain an artificially produced form of THC
and are federally approved for U.S. distribution.

Synthetic THC is expensive however, and it's only one of over 60
cannabinoids that are found in natural cannabis. Many of these natural
cannabinoids are promoted as therapeutic by organizations like the National
Organization for the Reform of Marijuana Laws

Drugs like heroin and cocaine are also listed under the CSA as Schedule I
narcotics, but if Americans decide that marijuana shouldn't be listed with
these other drugs, we don't need to change federal law. We just need to
change presidents.

Remember, all that it would take to make marijuana legal is to remove its
Schedule I classification under the Controlled Substances Act.

Rescheduling marijuana wouldn't require changing federal law because
schedule changes under the CSA are made by the secretary of the U.S. Health
and Human Services Department and the attorney general.

Since the secretary of HHS and the attorney general are both nominated by
the U.S. president, Americans can get legal marijuana as soon as we elect a
cannabis-friendly president.

How about that?