Not The Last Dance With Mary Jane

The Obama DoJ has released new federal guidelines on medical marijuana prosecution, and with all things legalese, I defer to the Double G, who is apparently pleased with the new regs allowing the states the leeway to handle this issue on their own.

Criminalizing cancer and AIDS patients for using a substance that is (a) prescribed by their doctors and (b) legal under the laws of their state has always been abominable. The Obama administration deserves major credit not only for ceasing this practice, but for memorializing it formally in writing. Just as is true for Jim Webb's brave crusade to radically revise the nation's criminal justice and drug laws, there is little political gain -- and some political risk -- in adopting a policy that can be depicted as "soft on drugs" or even "pro-marijuana." It's a change that has concrete benefits for many people who are sick and for those who provide them with treatments that benefit them. So credit where it's due to the Obama DOJ, for fulfilling a long-standing commitment on this issue.

Beyond the tangible benefits to patients and providers, there is the issue of states' right. Fourteen states have legalized medical marijuana, many by referendum. The Bush administration's refusal to honor or even recognize those states' decisions -- by arresting people for doing things which are perfectly legal under state law -- was one of many examples giving the lie to the conservative movement's alleged belief in federalism and limited federal power (see here, for instance, how John Ashcroft and GOP Senators tried deceitfully and undemocratically to exploit the aftermath of 9/11 to prevent Oregon from implementing its assisted suicide law). Constitutionally and otherwise, what possible justification is there for federalizing decisions about whether individuals can use marijuana for medical purposes? Ironically (given the "socialism" and "fascism" rhetoric spewed at it by the Fox News faction), the Obama administration's decision is a major advancement for the rights of states to have their laws respected by the federal government.

Painting this issue as a states' rights issue neatly disarms the GOP as well. I'd like to see what the tenthers like Texas Gov. Rick Perry have to say about this, personally. I'm betting that Perry's going to find himself having a pretty small eye of a needle to thread on this one.

My personal observations on the War of Drugs are that it's a great way to criminalize large portions of the populace. Yeah, there are problems out there with drugs and violence, you have only to look at any newspaper for that, but there are plenty of people in America's prisons who really shouldn't be there.

Politics makes strange smoking buddies, however.