San Diego law enforcement officials have written us that they
Political movements like the tea party
may come and go, but the pot party seems to get stronger with every
national election, putting the federal government in an increasingly
untenable position.
To date, more than one-third of the states and the District of
Columbia have legalized marijuana, at least for medical purposes, and,
according to Americans for Safe Access, eight other states are considering bills
to do the same. As a result, we’re getting close to the point where
half the country will have legalized a drug designated a Schedule 1
controlled substance by the federal government, meaning it has no known
medical uses and is as dangerous as heroin.
This has been an overly restrictive classification since it was imposed
in 1970, yet what’s remarkable about the anti-prohibition movement is
that it still hasn’t prompted the government to reconsider its stance. A
bill in Congress would do just that, but it also points out that
there’s a right way and a wrong way to proceed.
The bill introduced this week by Rep. Earl Blumenauer (D-Ore.) is the wrong way. It requires that marijuana be reclassified as no higher than a Schedule 3 controlled substance, making it similar to most other prescription drugs.
But it leaves oversight to the states. Although other drugs are
controlled by the Drug Enforcement Administration and regulated by the Food and Drug Administration,
marijuana would be a class unto itself: The bill exempts marijuana from
control by these agencies, allowing any state to legalize it and come
up with its own regulatory framework for producing and distributing it.
When it comes to licensure, quality control, testing, enforcement of
distribution laws and so on, the states would be on their own.
We’ve already seen where that road leads. California’s experiment with medical marijuana
has been a regulatory nightmare, in part because of confusion and
conflict with federal law, but also because coming up with a new
regulatory framework for a drug whose medical value is uncertain is
difficult and expensive. Who’s to say whether the marijuana sold at the
corner dispensary is uncontaminated, or has no harmful side effects, or
really contains active ingredients in the amount the seller claims, or
will really cure what ails you?
Regulatory failures have made it all too easy for recreational pot
smokers to get their hands on the drug, even though that’s not what
California voters intended when they legalized medical marijuana in
1996. What we’d like to see is federal legislation that would treat
marijuana like an ordinary prescription drug, complete with FDA
oversight. Anything less would probably just add to the confusion and
abuse.





