MORE CONFUSION OVER MARIJUANA

A Federal Crackdown on Dispensaries Near Schools in Colorado Adds to
Businesses' Legal Uncertainty. Businesses Crave Certainty.

And there are few businesses that have less of it than medical
marijuana dispensaries.

The recent move by Colorado U.S. Attorney John Walsh to crack down on
dispensaries within 1,000 feet of schools, while an understandable
maneuver when considered in isolation, serves to inject more
confusion into an already bewildering situation.

We think the federal government should be more clear about what
parameters it expects medical marijuana businesses to follow in order
to escape federal law enforcement scrutiny.

In many ways, it's frustrating to be in this position. The medical
marijuana industry that has come into being in recent years is like a
garden gone wild.

When voters in 2000 approved a state constitutional amendment
allowing for the use of medical marijuana, this "industry" certainly
wasn't what was envisioned.

No, what was pitched to voters was a question designed to appeal to
their humanity: Won't you allow the very sick or dying to smoke a
little dope to ease their pain? The wording talked about a half-dozen
plants and a caregiver.

It was all designed to evoke an image of small-time use for
individuals. What we ended up with in Colorado, thanks to a
combination of factors including the actions of the legislature, is
an industry.

The feds are among those deserving of blame in this matter. The
so-called Ogden memo from the U.S. Department of Justice in 2009
opened the door to "Big Pot." In many ways, its conflicting language
is a Rorschach test - people see in it what they want to see.

On the one hand, the memo says that going after marijuana users who
have "cancer or other serious illnesses" and are in compliance with
state law isn't a judicious use of limited federal resources.
Criminal enterprises would be the real targets.

On the other, it says the absence of criminal activity and "clear and
unambiguous compliance" with state law aren't a guarantee that
someone won't be prosecuted if the action serves "federal interests."

It was convoluted then, and it remains so today. Subsequent guidance
has not sufficiently clarified the circumstances in which authorities
will use their power to enforce federal laws making marijuana illegal.

As for Walsh's move demanding the closure of dispensaries within
1,000 feet of schools, we do not take issue with the substance.
Dispensaries should not be near schools.

However, the changing enforcement landscape where medical marijuana
is concerned has created an uneasy tension between the federal
government and those in the medical marijuana business.

If the Justice Department had remained silent on the matter, that
would be one thing. But insofar as Attorney General Eric Holder's
proclamations on medical marijuana have caused confusion, he owes it
to Colorado and other medical marijuana states to clear the air.