THE GREEN LIGHT

On Oct. 19, the Justice Department circulated a memorandum to federal
prosecutors in Rhode Island and the other 13 medical marijuana states
instructing them not to prosecute individuals using medical marijuana
or those involved in dispensary operations that are "in clear and
unambiguous compliance" with state laws. The move was hailed by
medical marijuana advocates such as Stephen Gutwillig, California
state director of the Drug Policy Alliance, who called it "an
extremely welcome rhetorical de-escalation of the federal
government's long-standing war on medical marijuana patients." We
generally approve of ending wars but, as Americans have learned
recently, winning the peace can be just as important. In this
context, that would be Rhode Island taking advantage of the
unprecedented window of opportunity created by the Justice memo to
develop a superior medical marijuana distribution system.

We should first be clear that the new federal guidelines do not
forbid all prosecution. Dispensaries and patients that are in
violation of state laws can be still raided by local authorities.
Additionally, not all federal prosecution has been taken off the
table. The two most important loopholes allow federal prosecutors to
go after dispensaries otherwise in compliance with state laws if they
either believe the dispensaries are selling marijuana for profit (as
opposed to the standard non-profit model) or if a prosecution would
further "important federal interests," presumably meaning the arrest
of drug traffickers.

One might wonder whether, given such broad exceptions, the new memo
really is good news for Rhode Island. San Francisco's crusading
federal attorney, Joseph Russoniello, has gone after San Francisco
dispensaries on the grounds that they make a profit since August. Is
there anything to prevent the same thing from happening in Rhode Island?

Yes: more transparency. The more open Rhode Island makes the operations
of its proposed dispensaries, the less pretext federal prosecutors will
have to raid them on trumped up charges. More transparent operations
will significantly decrease the incentives for players in the illegal
drug trade to get involved with dispensaries, as it will make them more
vulnerable to prosecution.

Significant transparency is possible in the status quo. According to
the Rhode Island Patient Advocacy Coalition, the amendment allowing
for dispensaries contains provisions requiring "good oversight and
recordkeeping procedures." Once Rhode Island officials have cleared
that hurdle, possibilities for innovation abound.

As we've noted before, there are a number of flaws in the dispensary
systems used by California. Now that Rhode Island knows exactly what
the federal government expects from it (at least during President
Obama's term), it has a chance to develop policies that improve on
the current model.

Rhode Island should consult with law enforcement and patient advocacy
groups like RIPAC as to what these new guidelines might permit in
terms of policies the state might not have implemented in a climate
of uncertainty about federal action. Such consultation would help the
state to develop procedures that could benefit local patients and
governments and, by serving as a model, patients and state
governments nationwide. If so, the Justice memo will mark a huge step
forward in the United States' twisted history with drug policy.