GET MARIJUANA OFF LIST OF HARD DRUGS

U.S. Attorney General Eric Holder's announcement that the federal
government will effectively end the policy of raiding medical
marijuana distributors who are operating legally under a state law is
long-overdue news.

It also is in line with promises that President Obama made repeatedly
along the campaign trail.

Of course, this simple statement will require more detailed changes
in procedure as it is implemented, and it should be followed by more
thoroughgoing reform of federal laws applicable to marijuana.

Holder refined his position by saying, as The New York Times
paraphrased him, that "the Justice Department's enforcement policy
would now be restricted to traffickers who falsely masqueraded as
medical dispensaries and 'use the medical marijuana laws as a shield.'"

That still could leave open a range of activities but, assuming
Holder is sincere, this is an important step. It should not be the last step.

Under the federal Controlled Substances Act, marijuana is listed on
Schedule I, the most restrictive regimen, making any possession,
production, transportation or use of the substance illegal. However,
the law itself says that for a drug or substance to remain on
Schedule I, it must have a high potential for abuse, have no accepted
medical use and be incapable of being used safely under medical supervision.

Marijuana does not meet any of these criteria. Therefore, under
existing law, it is arguably illegal to keep it on Schedule I.

Over the years, a number of citizen efforts to get marijuana
"rescheduled" have been undertaken. On each occasion, including one
when the DEA's chief administrative law judge issued an official
ruling saying it would be "unreasonable, arbitrary and capricious" to
keep marijuana on Schedule I, the DEA administrator has made a
political decision to keep marijuana on Schedule I.

The Obama administration has said that on medical matters it will be
guided by science rather than political considerations. If that is
so, it should immediately expedite one of the pending rescheduling
applications and decide it based on science rather than hysteria.

Attorney General Holder has announced a constructive first step on
medical marijuana. There is more to be done, however.