News (Media Awareness Project) - US CO: Editorial: Positive Steps On Pot Raids |
Title: | US CO: Editorial: Positive Steps On Pot Raids |
Published On: | 2009-03-27 |
Source: | Gazette, The (Colorado Springs, CO) |
Fetched On: | 2009-04-01 00:56:30 |
POSITIVE STEPS ON POT RAIDS
Attorney General Eric Holder's announcement that the federal
government will effectively end the Bush administration's policy of
raiding medical marijuana distributors who are operating legally
under state law is welcome and long-overdue news and in line with
promises President Barack 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.'"
Assuming Holder is sincere and that rogue elements in the Drug
Enforcement Administration do not conduct unwarranted raids, however,
this is an important step. It should not be the last step.
Under the federal Controlled Substances Act, marijuana is listed on
Schedule I, 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 current law, it is arguably
illegal to keep it 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 Eric Holder's announcement that the federal
government will effectively end the Bush administration's policy of
raiding medical marijuana distributors who are operating legally
under state law is welcome and long-overdue news and in line with
promises President Barack 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.'"
Assuming Holder is sincere and that rogue elements in the Drug
Enforcement Administration do not conduct unwarranted raids, however,
this is an important step. It should not be the last step.
Under the federal Controlled Substances Act, marijuana is listed on
Schedule I, 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 current law, it is arguably
illegal to keep it 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.
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