A FAIR MARIJUANA POLICY

The Justice Department told federal prosecutors in 14 states that they
should not longer prosecute individuals who use or distribute medical
marijuana as long as such consumption or sales do not break existing
state laws. A memo forwarded from the Justice Department to U.S.
attorneys in those states on Monday delineates the new standard. The
revised policy is eminently sensible from medical, legal and economic
perspectives.

Medically, the government's decision acknowledges a fact long known in
health care circles. Marijuana is sometimes the only substance that
can provide meaningful relief from the often intractable pain often
associated with cancer, AIDs and other grievous diseases and medical
conditions including chemotherapy-induced nausea. It has became an
acknowledged agent of last resort in pain management.

As a consequence, 14 states have created legal frameworks within which
marijuana for pain relief may be obtained in a highly regulated
marketplace. Those laws, however, conflict with federal statues, which
ban the sale and consumption of marijuana for any reason.. The result:
Those who used or sold medicinal marijuana within the parameters of
state law nevertheless could be arrested and tried for violating
federal statues governing marijuana sales. If prosecutors abide by
Monday's memo -- and they should -- those who abide by state laws will
be safe from federal prosecution.

It is important to note, however, that the Justice Department memo
does not open up the marijuana trade. It carefully restricts its
policy to state-regulated networks of suppliers and carefully vetted
users. The same memo makes it clear that the Justice Department will
continue to target the marijuana trade in other instances, and
provides directives for such prosecution.

Government officials will continue to go after individuals related to
cases in which the use or sale of marijuana involves violence,
firearms, sales to minors, money laundering or other crimes which
involve illegal marijuana use. That segment of the fight against drugs
and against the cartels and other suppliers understandably will continue.

The new policy makes sense. It establishes priorities that will allow
federal prosecutors to concentrate on major violations of drug laws
and to employ both manpower and financial resources in what the
Justice Department correctly says will be a more "efficient and
rational" manner than is currently the case. The memo also
acknowledges public opinion. Surveys indicate that about 80 percent of
Americans approve of legalized medical marijuana and that many others
would like to see additional decriminalization of marijuana in other
spheres of life.

The government's protracted and unnecessary battle against medical
marijuana has produced little of value. Federal prosecutors should
honor state laws in this instance. Doing so will allow the government
to turn its attention and its resources to the broader and largely
unsuccessful war against more dangerous drugs and those that traffic
them.