Obama's Medical Marijuana Policy: A Victory for States' Rights

Rarely does President Barack Obama do something which libertarian conservatives can appreciate, but last week's memo from Deputy Attorney General David W. Ogden is one of those "somethings."

In a move that can only be seen as a victory for states' rights advocates, the Justice Department has announced it will no longer pursue federal prosecutions against anyone in the medical marijuana supply chain who operates in states where the drug is legal. The memo does, however, strongly emphasize the administration's commitment to enforcing existing federal drug laws, but recognizes the difficulty of developing "different guidelines for every possible variant of state and local law."

From the memo:

... [P]ursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.

States' rights conservatives have always known that local communities often know what's best for them. Far too often, federal law subverts and stymies the ability of local authorities to govern themselves. When it comes to medical marijuana -- or the war on drugs in general -- many conservatives have changed their position over the last 30 years and now believe a different approach is necessary for the economic and social well-being of the nation.

Although many people mistakenly associate the war on drugs with Ronald Reagan's "Just Say No" campaign (which emerged as a result of the crack epidemic of the 1980s), the so-called war actually originated with Richard Nixon's administration, and between then and now, casual and excessive drug use has grown exponentially. Many observers believe the nation's draconian drug laws are directly to blame for this increased usage and that the federal government would do better to adopt more reasonable statutes that emphasize treatment over trials.

Political moderate and About.com contributing writer William Weiss weighs in on this issue from a states' rights perspective, analyzing the new White House position on medical marijuana and questioning whether Obama's policy goes far enough.

From the article:

This is a classic example of states' rights. Many of the cultivators and distributors, who are a "legal" part of the supply chain, as well as the patients, have been walking on a tight-rope. Prosecution from the federal government looms over them, creating the same anxiety as someone about to plummet 150 feet to their death -- with only the state to act as a safety net.

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