The Justice Department's decision to stop prosecuting marijuana dispensaries and patients in states where medical marijuana is legal should be applauded by liberals and conservatives alike. The new guidelines for federal prosecutors and officers suggest that they not go after medical marijuana users and distributors that are in compliance with state laws. This is an exciting shift in federal policy in regards to medical marijuana use. It is both an affirmation of states' rights and the right of Americans to control the circumstances of their health, as well as a positive step toward eventually ending the prohibition of marijuana for medical use at the federal level.
A lack of respect for state and individual rights has been the crux of the criticisms of most of Obama's fiscal and health care policies. With this new policy, the rights of the states have been affirmed as a critical component of our country. The ability of the states to experiment with different laws can have powerful ramifications for the country as a whole. Different ideas can be taken from different states in order to create a composite law that is most beneficial for the country and which can be passed and enforced at the federal level. Additionally, allowing cancer patients and AIDS patients to purchase medical marijuana without fear of federal prosecution, as well as allowing medical marijuana dispensaries to operate in states in which medical marijuana is legal, promotes the rights of individuals to pursue medical treatment for themselves as they see fit. This new policy affirms the government's commitment to allowing Americans to pursue medical treatment that is unique to their interests and needs.
The main criticisms of this new policy have come from communities in which dispensaries are operating illegally, on a for-profit basis, and selling marijuana to users who are abusing the system. Even though people are abusing the system, there is no reason to continue to prosecute people who have a legal claim to the use of medical marijuana. It is up to state and local officials to shutdown dispensaries that are operating illegally, as well as prosecute users that are abusing the system. If the states and local communities find this to be too burdensome, then they can change their laws accordingly, but the amount of manpower and funds that will be saved by preventing federal officials from prosecuting medical marijuana users and distributors will be beneficial for the country as a whole.
Hopefully this policy reflects a general trend in government towards loosening restrictions on medical marijuana. The drug was more or less outlawed in 1937 with the passage of the Marijuana Tax Act, which made the purchase of marijuana next to impossible. But as early as 1944, the New York Academy of Medicine released a report that claimed that marijuana did "not lead to violence, insanity, addiction, or other drug use." In 1972, the Shafer Commission recommended to President Richard Nixon that marijuana be decriminalized for personal use. In 1996, the citizens of California passed Proposition 215, which allows for medical marijuana use by cancer and AIDS patients. Despite a continued "war on drugs" by the federal government, marijuana laws have been slowly chipped away through the combined efforts of politicians and citizens. With increased education efforts and a new understanding of the drug problem in American society, it seems that marijuana will be recognized as a non-harmful, and in fact, medically beneficial treatment for many symptoms of terminal illnesses, such as chronic pain and nausea. The evidence that marijuana is non-harmful and beneficial is overwhelming, and as such, it should be recognized as a legitimate medical treatment that Americans have a right to access.
The Justice Department's new policy on medical marijuana is a striking concession of federal power in the face of state laws. It shows a tremendous respect for states' rights, as well as the rights of individuals. While there is a long road toward securing the rights of Americans to use marijuana as a medical treatment, the federal government and the states which have legalized it are paving the way. It is a road that the rest of the country must travel.
Michael's column appears on Mondays in The Cavalier Daily. He can be reached at m.khavari@cavdaily.com.
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