DRUG LAWS

As a retired DEA agent, I take issue with John Stossel's Feb. 4
column on our drug laws ["Drug legalization decisions are better off
left to the states," Commentary]. Stossel's thesis is that drug laws,
according to the Constitution, should be left to the individual
states as opposed to the federal government. Stossel also opines that
the current administration and "DEA goons" are "throwing that idea on
the trash heap."

Well, not exactly. The fact is that under the 10th Amendment, to
paraphrase, any laws not covered by federal law are left to the
states. Thus, states are free to enact their own laws as long as they
do not conflict with federal law.

However, we do have federal law that regulates the manufacture,
transportation and sale of controlled substances, including both
illegal drugs and those subject to a doctor's prescription. In the
case of marijuana, it is presently categorized as a Schedule I drug,
which, among other elements, states that it has no recognized medical
use. That means that states that attempt to allow "medical marijuana
shops" are in conflict with federal law, as are doctors who prescribe
marijuana.

It is not my purpose here to debate the pros and cons of marijuana.
Suffice to say that those who want to legalize it or change its
category to a lesser schedule can petition through the legislative
system. We have the mechanisms in place to change our laws rather
than snub our noses at them.

Stossel, as a libertarian, seems to be opposed to all drug laws, at
least on the federal level. That is his right. However, leaving the
decision to each state would create chaos and do nothing more than
attract drug users to those states.

It would also hamper law enforcement's efforts to investigate major
drug-trafficking organizations that operate across state lines
(indeed, national borders). That is a major reason why we have
federal law enforcement agencies.

As for the so-called marijuana clinics, I am skeptical about their
true purpose. Is it really to provide relief to ordinary citizens
like you and me (who could obtain legally-prescribed medications that
are much more efficient), or is it just a Trojan horse either to
legalize marijuana entirely or at least provide access to the usual
potheads? I suspect the latter.

If America as a nation wants to junk its drug laws, that can be done
through the legislative process. But for state authorities to ignore
federal law as it exists is illegal. The bottom line is that
marijuana clinics in California are breaking federal law. If you
don't like the law, petition your legislators to change it.