Colorado and Washington Legalize Marijuana: Will the DEA do anything?
For a while now, a number of states have decriminalized marijuana in the medical treatment context. For example, as most people know, in Arizona, if someone has a medical marijuana card, they can use a "medicinal amount" of marijuana and that person can purchase the marijuana from a licensed dispensary. Even more significantly, if someone has a medical marijuana card, that is a defense to an illegal drug metabolite DUI charge ARS 28-1381(A)(3), same as any other prescription drug. It is not, however, a defense to driving under the influence if the person's driving is impaired "at least to the slightest degree" ARS 28-1381(A)(1).
But what changed in last night's election is that two states, Colorado and Washington, have legalized recreational, that is not medical, use of marijuana. Essentially, now Washington and Colorado are the Amsterdam of the United States. But there is a significant hurdle that remains: even though the state may have decriminalized recreational marijuana use, it is still a federal crime to posses and use marijuana. Will the DEA enforce federal anti-marijuana laws in Colorado and Washington?
The Drug Enforcement Administration quickly tried to spoil their Rocky Mountain high, issuing a statement Wednesday morning saying the DEA's "enforcement of the Controlled Substances Act remains unchanged."
"In enacting the Controlled Substances Act, Congress determined that marijuana is a Schedule I controlled substance," the DEA statement said. "The Department of Justice is reviewing the ballot initiatives, and we have no additional comment at this time."
(Marijuana legal in Colorado, Washington: Voters approve measure to legalize production, possession)
The bottom line here is that no one should assume that because the DEA has not gone after medical marijuana users in Arizona, California, and elsewhere that they will treat recreational users of marijuana the same. It could very well be that the DEA believes medical use of marijuana may be fine, but recreational use is not.
How will we find out? Although we live in a democracy and we would expect our government to simply tell us, "yes you can use medical marijuana but not recreational" or "no, you can't do either" or "yes you can do both", don't hold your breath. The reality is we will only find out when for certain once the DEA starts arresting people. Until that happens, we will not know know one way or the other.
Comments (3)
Read through and enter the discussion by using the form at the endBitBurner - November 7, 2012 12:20 PM
Why do you think the DEA has not gone after MMJ users in California? They are on a HUGE attack here using state attorneys (Melinda Haag) to close down even the most strict and to the letter of sate law establishments. They have arrested many many people and during their trials are not even allowed to bring up that it was legal in their state for medical use or that they were in compliance with state laws. it is barred from the trials. Of course the DOJ/DEA will fight tooth and nail on this. have you not seen their PDF on MJ titled "The DEA position on Marijuana" ? In it they undermine MMJ calling it a "fallacy" and saying legalization efforts are championed by a few millionaires. Then they go on to argue the same old breast milk lead to bourbon argument. The federal government does not respect the 5th amendment and WILL undermine the democratic process in spite of the peoples will. The ONLY way this will change is if the president moves it from schedule I to Schedule III. But he is content with letting caregivers and patients abiding by state law to go to federal prison. He sits by and does nothing even after he said he would not go after MMJ patients and caregivers who abide by state laws. That is the real fallacy! He has not kept his word here..just the opposite. He is now worse than the Bush administration. And as you can tell it is not the will of the American people. We ALL think the war on drugs is a failed war against us.
Rex K. Thomas - November 8, 2012 2:08 PM
The Federal Government cannot legally usurp a state law, according to the 10th amendment of the Bill Of Rights in the U. S. Constitution, which clearly states that state laws will take precedence over federal laws unless they are in direct conflict with the U. S. Constituton! It's time ti disempower the legal pirates which are the DEA, who clearly make a fortune in cash and property by keeping drugs illegal!
Jim - November 9, 2012 11:01 AM
Actually congress DIDN'T determine that it is a schedule 1 substance. The "determining" part of the act was left to the DEA. So the statement is false.