 "Photo: Evan Andrews")
Last week the Justice Department took a strong stance toward legitimizing medical marijuana by restricting federal prosecutors from focusing resources on medical marijuana patients and retailers. Although ambiguity muddles the memo, it seems states will regain rights to self-govern. Stopping enforcement of federal anti-marijuana laws on states with medicinal marijuana policies is certainly progress toward marijuana reform, but it is a larger victory for state rights.
America has long been shrouded in myths about marijuana, but today 14 states have provisions for medical marijuana. California has started the most compelling argument for marijuana reform, with Oakland passing a bill to tax local cannabis dispensaries in July. For 15 years California has boasted the nation's most tolerant marijuana policies; however, federal interference has resulted in the arrest of many citizens complying with state laws and officials. The Justice Department's statements echo a May memo from the Office of the Press Secretary, as President Barack Obama took a stand for states' right.
"It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," said Attorney General Eric Holder.
The message is clear that federal money will no longer be wasted pursuing policies in states that do not consent. Citizens, like Charlie Lynch and Ed Rosenthal, will no longer be persecuted by the federal government, provided they continue to follow state law. California's policy requires little medical evidence to acquire a medical marijuana license. Marijuana has been functionally legalized in California for years, and the decision to tax it in Oakland passed by an overwhelming 80 percent of the votes.
These new guidelines from the Justice Department mean $400,000 in taxes can be expected from the Oakland's four cannabis clubs. Unimpeded by the threat of federal intervention, several cities in California will follow Oakland's example.
"Dispensaries like Stephen DeAngelo's bring in $20 million annually, and they are going up every year," said Allen St. Pierre, the director of the National Organization For the Reform of Marijuana Laws (NORML). "Many owners have been working their whole lives to become a legitimate business, and the greatest joy in their lives is the ability to sign a quarter of their profits over to the government."
Similar marijuana businesses are scattered throughout California, and certainly other California cities will tax the profit from a growing marijuana industry. The money made from marijuana should change the negative culture around a drug that should be classified the same as alcohol and tobacco. The benefits of a more businesslike approach to a drug 50 percent of Americans, including the past three presidents, have used will further legitimize marijuana and its users.
More importantly the cost of uniformly enforcing the War on Drugs came at the expense of the Constitution. The federal government had no right to supersede the laws of 14 states. The citizens of states from California to Maine voted to legalize marijuana for medicinal purposes, and their voice deserves to be respected by the rest of the country. Thankfully the president has restored the sovereignty of states to determine their own drug policy.
Ian McPhail is a junior history major.
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