CONGRESS SHOULD UPDATE CANNABIS LAWS TO REFLECT CHANGING CULTURE

In 1996, the marijuana reform movement won a major political battle
in California, legalizing medical marijuana in the nation's second
largest state. Today, more than 115 million people live in 13 states
that have decriminalized marijuana, and Americans have yet to see the
apocalypse promised by the national government.

Over the past 70 years, the national government has overstepped its
powers in enforcing what has become a prohibition against cannabis.
Equally shocking is the failure of the media to act as a watchdog
against federal agencies and reflect the mores of a changing America.
In a three part mini-series, three interconnected contributors to
cannabis prohibition will be discussed.

With just the price of a ticket to California, marijuana users can
change their legal status from criminal to respected citizen. Medical
marijuana in California is a polite euphemism for legalization, as
$150 buys a doctor's recommendation and card. With this white plastic
license, marijuana becomes a legitimate product no different from
tobacco or alcohol, purchased by responsible adults out of vending machines.

Legalization has made procuring marijuana safe and profitable, and
over the course of the next month, the Oakland city council will
strongly consider passing a bill taxing the $20 million in legal
marijuana sales that coffee shops and clubs made in profit last year.

Though California is the most liberal example, 13 states have decided
to legalize medical marijuana. Others, like New York, have
decriminalized small amounts of cannabis. But while throughout the
country citizens are electing local and state officials who reflect
their more tolerant view of marijuana, the national government
continues to ignore the will of the people.

Upstanding citizens like Charlie Lynch and Ed Rosenthal, who grew and
sold medical marijuana within California's state guidelines, have
been prosecuted in federal court. Drug enforcement agencies have
regularly harassed citizens by superseding state law, and ignoring
local policy in federal court.

"In a federal court you cannot even mention the medical marijuana
card, because the federal government has the 'Alice in Wonderland'
delusion that medical marijuana doesn't exist," said Allen St.
Pierre, director of the National Organization for the Reform of
Marijuana Laws (NORML). "Ed Rosenthal had video tapes of him and a
chief of police with his marijuana that were not even allowed to be
shown in court."

Rosenthal did everything within his power to ensure that his
operation was within the law, yet in federal court he was found
guilty of three felonies. In 2007 Lynch was involved in a similar
case, where his medical marijuana store was harassed before his home
and business was raided by DEA agents with guns and shields.

"They sent in undercover sheriff's deputies to go encourage Charlie
to break the federal law," said Lynch's lawyer, John Littrell. "In
every case, what they found was that his employees always verified
doctors' recommendations. No one could manage to get anybody -
Charlie or anyone that Charlie was working with - to dispense
marijuana in a way that violated state law."

There are many marijuana users and businessmen persecuted in the same
way as Lynch, who received a minimum year sentence from a federal
judge. These citizens are not dealing drugs in a back alley, they are
selling "medicine" in stores. Businessmen like Lynch and Rosenthal
have shown the ability to legitimize a black market industry, and
turn it into a profitable and taxable cash crop.

Local and state government can afford to be more responsive to the
changes of citizens' attitudes, and should be given greater influence
in enforcing marijuana laws. More importantly, the powers not
delegated to national government by the U.S. Constitution are
reserved by the states. Citizens like Lynch and Rosenthal are not
criminals, and their cases do not warrant the suspension of the 10th Amendment.

Americans' opinions on the practicality of legalizing a drug less
potent than alcohol is changing, and this is being made possible
partially through the examples set by California and 12 other states.
Voters in California have told elected officials their views on
marijuana, and the state has responded. The Drug Enforcement
Administration and its "War on Drugs" was not created to limit
democracy by circumventing state law and policy.

"Executive departments and agencies have sometimes announced their
regulations preempt state law, including state common law, without
explicit preemption by the Congress or an otherwise sufficient basis
under applicable legal principles," read a memo on May 20 from the
office of the press secretary to the heads of executive departments
and agencies.

Thankfully, President Obama has indicated through his May 20 press
release that the national government is no longer willing to ignore
the constitution to continue this prohibition against pot.
Unfortunately, this comes on the heels of federal anti-drug agencies
acting overzealously with their policies, willing to ignore both the
law and the Bill of Rights to catch more marijuana users. Perhaps in
an attempt to propagate themselves, institutions like the DEA and
other enforcement agencies have continued this prohibition against
cannabis in sovereign states no longer desiring persecution. Values
are changing slowly about cannabis, and state governments need their
constitutional right to govern.