President Obama’s Medical Marijuana Quandary
This essay is cross linked from my blog, Aid & comfort. The original has links to various references that are not entirely included in this version.
The Washington Times is reporting on Thurs. Feb. 5, 2009 that President Barack Obama’s spokesman Nick Shapiro confirms that the president will live up to his campaign promise to end the medical marijuana raids that have vexed his supporters in drug policy reform and medical marijuana advocacy constituencies. That is as soon as the president puts in place his own DEA leadership. Five such raids in California since the Jan. 20 inauguration have caused a fever pitch of insecurity among people who voted for Obama expecting quick and decisive change from the president who’s platform focused on “change we can believe in”.
The Times reports: “The White House said it expects those kinds of raids to end once Mr. Obama nominates someone to take charge of DEA, which is still run by Bush administration holdovers.”
My first question goes to leadership. As Jacob Sullum at Reason Magazine today puts it: “I don’t understand why Obama can’t simply tell the Bush administration holdovers to cut it out; they work for him now.”
Where is the leadership? Bush had no problem issuing executive orders. Why can’t Obama show some leadership and stop these raids now?
Now for a thornier issue. The rule of law. A president cannot pick and choose which laws to enforce or not enforce. That is what Bush got away with doing in selectively enforcing SEC regulations which led to the Wall Street collapse. And that same Bush administration selective application of the rule of law will be found, in the courts, to greatly hinder ever bringing to justice those who did America great harm on and after 9/11.
As the Washington Times reports:
“Agent Pullen (of the DEA’s Los Angeles office) said the four raids seized $10,000 in cash and 224 kilograms of marijuana and marijuana-laced food, such as cookies. No one was arrested, she said, but the raid is part of an ongoing investigation seeking to trace the marijuana back to its suppliers or source.”
Will President Obama quash “an ongoing investigation”? Can he legally do so? I think not. To do so is to throw the rule of law out of an Oval Office window.
Nothing makes me happier than to see America’s counter-productive and frankly inhumane drug laws, especially the medical marijuana prohibition laws, called into question. It is decades overdue. But President Obama cannot unilaterally decide to enforce American criminal laws on an al a carte basis. It is not constitutional and it is not American justice.
President Obama can do something concrete to actually fix this constitutional problem, give some protection to medical marijuana users and their suppliers and to show some leadership backbone. He can go to congress and ask that they expeditiously take up and pass either or both of Massachusetts Representative Barney Frank’s marijuana bills.
H.R.5842 : To provide for the medical use of marijuana in accordance with the laws of the various States. (Hosted page by Aid & comfort blog H.R. 5842)
H.R.5843 : To eliminate most Federal penalties for possession of marijuana for personal use, and for other purposes. (Hosted page by Aid & comfort blog H.R. 5843)
H.R. 5842 would resolve the problems for medical cannabis users and their suppliers once and for all.
H.R. 5843 would obviate the need for H.R. 5842 and at the same time free up the states to reduce or eliminate penalties for simple possession of marijuana which would free up millions of dollars in state and local enforcement resources for real crime. It would also significantly ease the current economic pressures being felt by state budget drafters across the nation. Drug warrior President Barack Obama has said though that he opposes legalization of marijuana so the chances of H.R. 5843 getting his support, no matter how good it would be for the states right now, is out of the question.
