Dude, Chill

NO NEED FOR PANIC OVER MEDICAL MARIJUANA

The agenda for Tuesday's meeting of the Durango City Council contains
an interesting entry. Under the city manager's section is an item
that reads, in part, "discussion and possible action concerning an
emergency ordinance ... establishing a temporary moratorium on the
issuance of business licenses for medical marijuana dispensaries."

The city of Durango is going to celebrate the 40th anniversary of
Woodstock by freaking out over pot? We can stop short of quoting
Cheech and Chong routines, but one does have to wonder exactly what
crisis necessitates an emergency ordinance. Durango now has two
medical marijuana dispensaries. Given that such enterprises are
legal, it is unclear why that constitutes an issue, let alone an emergency.

True, the exact legal status of marijuana is muddled. It is banned
under state law, except for medical purposes. That exception was
specifically authorized by Colorado voters in 2000 and is now part of
the state's Constitution.

It remains illegal under federal law. But while cracking down on
distributors in states that allow medical marijuana was a priority of
the George W. Bush administration, in February the Obama
administration directed federal agencies to defer to state laws on the issue.

The result has been something of a medical marijuana boom. About
2,000 people had applied for Colorado's Medical Marijuana Registry by
the start of this year. That number is now closer to 10,000. And the
actual number of medical users is probably greater.

Not surprisingly, the number of dispensaries is growing, as well. An
article about Colorado's "marijuana economy" in The Atlantic, says
the number of legal dispensaries statewide is expected to double by
the end of 2009. That would mean there would be 60 in a state with a
population of almost 5 million. But, while the story's focus on what
it calls "ganjapreneurship" is cute, 60 is hardly one on every
corner. On average, that is not even one in every county.

So, why the panic? Confusion about the exact legal status of
marijuana is a question for Congress and the courts. They can sort it
out - or not - in their own good time. Local authorities need not
concern themselves with discrepancies between state and federal laws.
And until the voters say otherwise, under Colorado law, anyone with a
doctor's note attesting to medical need is allowed marijuana.

Is that a good thing? Time will tell. Most of us would approve of
almost anything that would ease the suffering of a cancer patient.
Most of us would also rather not think that the guy driving the
18-wheeler headed our way was high because he got marijuana for his hangnail.

But there is no reason to think doctors would be so cavalier. Not
only do they have too much to lose, but the treatment of conditions
such as multiple sclerosis is hardly the type of thing that attracts
harebrained people.

Besides, why would anyone not actually ill bother with the legal
procedure? It is not as if medical marijuana dispensaries are
introducing a new product - or one that cannot already be found in
every town, college dorm or high school in the country. Legal
dispensaries are meant to help precisely the kind of people who do
not know dope dealers. Anyone else who wants pot probably already
knows where to get it.

There is also no demonstrated connection between medical and
recreational use of marijuana. California's attorney general found
that in the 10 years after that state legalized medical marijuana,
pot smoking among teens there declined faster than the national rate.

So, why not sit back and let this unfold? The police should keep an
eye on things, of course, but that can be limited to observation. Do
these shops serve a few customers a day, or is the line around the
block? Are the buyers emaciated seniors and people with canes or
Grateful Dead fans with the munchies?

It is not clear that Durango can support two legal dispensaries, let
alone that the city will face a flood of new applications. Until more
is known, the City Council has better things to do than solve
problems that do not exist and probably never will.