WILL FEDS ALLOW STATE POT LAWS?

Colorado and Other States That Have Enacted Medical Marijuana Laws
Should Be Allowed to Proceed Without Federal Interference.

Now that Colorado is poised to begin regulating medical marijuana
dispensaries, it makes sense to consider how the potential state law
jibes with the long arm of federal law.

Though President Obama's administration is taking a tolerant view
toward the 14 states with medical pot laws, future administrations
might decide to strictly enforce federal laws, which don't recognize
the drug as anything other than illegal.

Colorado's Rep. Jared Polis, D-Boulder, has co-sponsored a measure
that says as long as the doctors who prescribe, patients who use,
dispensaries that sell and growers that provide medical marijuana
follow state laws, federal drug agents would not be allowed to arrest
or charge them with drug crimes.

That's an important exception to make because unless Gov. Bill Ritter
surprises lawmakers with a veto, Colorado is on its way to
sanctioning dispensaries and creating a vast new regulatory framework
for the burgeoning new industry.

We don't think the dispensary model was what voters had in mind when
they legalized medical marijuana in 2000. But though we have
expressed several misgivings toward the proposed medical marijuana
law, it would be highly improper and destructive for the federal
government to undermine it.

Polis' measure, HR 2835, also would downgrade marijuana within the
rubric of the Controlled Substances Act from Schedule I to Schedule
II - an unnecessary provision that will only heighten the opposition
from states without medical marijuana laws.

The measure, co-sponsored by Rep. Barney Frank of Massachusetts,
doesn't prevent federal drug agents from conducting investigations
and arresting bad actors. Federal charges still could be brought
against those who break state rules. Rather, the measure would simply
recognize the will of the people in states that have allowed use of
medical marijuana.

We think that is proper, though we have significant concerns about
how such a provision would work in the real world. (And yes, we
question whether Congress has the will to take up HR 2835 and address
the controversial subject anytime soon. Polis' measure was introduced
last year.)

The proposal would create a federal medical marijuana exemption for
any state that wished to opt in. Yet each state regulates its medical
pot differently, and some states have struggled to do so effectively.

To date, the medical marijuana industry in Colorado has been more
like a carnival that has allowed tens of thousands of residents with
questionable ailments to join legitimate users who more readily fit
the definition of someone who is truly suffering.

Polis argues that Colorado effectively polices its tobacco and liquor
industries, and that it is reasonable to assume it will be able to do
so with medical pot.

And it is true that new state provisions could make it more difficult
to obtain a medical pot permit while creating a system of supervision
of dispensaries.

Given that lawmakers have embarked on this journey, we think they
should be allowed to do so without federal interference.