Over the past 70 years, the national government has overstepped its powers in enforcing what has become a prohibition against cannabis. Equally shocking is the failure of the media to act as a watchdog against federal agencies and reflect the mores of a changing America. In a three part mini-series, three interconnected contributors to cannabis prohibition will be discussed.

Legalization has made procuring marijuana safe and profitable, and over the course of the next month, the Oakland city council will strongly consider passing a bill taxing the $20 million in legal marijuana sales that coffee shops and clubs made in profit last year.

Though California is the most liberal example, 13 states have decided to legalize medical marijuana. Others, like New York, have decriminalized small amounts of cannabis. But while throughout the country citizens are electing local and state officials who reflect their more tolerant view of marijuana, the national government continues to ignore the will of the people.

Upstanding citizens like Charlie Lynch and Ed Rosenthal, who grew and sold medical marijuana within California's state guidelines, have been prosecuted in federal court. Drug enforcement agencies have regularly harassed citizens by superseding state law, and ignoring local policy in federal court.

"In a federal court you cannot even mention the medical marijuana card, because the federal government has the 'Alice in Wonderland' delusion that medical marijuana doesn't exist," said Allen St. Pierre, director of the National Organization for the Reform of Marijuana Laws (NORML). "Ed Rosenthal had video tapes of him and a chief of police with his marijuana that were not even allowed to be shown in court."

Rosenthal did everything within his power to ensure that his operation was within the law, yet in federal court he was found guilty of three felonies. In 2007 Lynch was involved in a similar case, where his medical marijuana store was harassed before his home and business was raided by DEA agents with guns and shields.

"They sent in undercover sheriff's deputies to go encourage Charlie to break the federal law," said Lynch's lawyer, John Littrell. "In every case, what they found was that his employees always verified doctors' recommendations. No one could manage to get anybody - Charlie or anyone that Charlie was working with - to dispense marijuana in a way that violated state law."

There are many marijuana users and businessmen persecuted in the same way as Lynch, who received a minimum year sentence from a federal judge. These citizens are not dealing drugs in a back alley, they are selling "medicine" in stores. Businessmen like Lynch and Rosenthal have shown the ability to legitimize a black market industry, and turn it into a profitable and taxable cash crop.

Local and state government can afford to be more responsive to the changes of citizens' attitudes, and should be given greater influence in enforcing marijuana laws. More importantly, the powers not delegated to national government by the U.S. Constitution are reserved by the states. Citizens like Lynch and Rosenthal are not criminals, and their cases do not warrant the suspension of the 10th Amendment.

Americans' opinions on the practicality of legalizing a drug less potent than alcohol is changing, and this is being made possible partially through the examples set by California and 12 other states. Voters in California have told elected officials their views on marijuana, and the state has responded. The Drug Enforcement Administration and its "War on Drugs" was not created to limit democracy by circumventing state law and policy.

"Executive departments and agencies have sometimes announced their regulations preempt state law, including state common law, without explicit preemption by the Congress or an otherwise sufficient basis under applicable legal principles," read a memo on May 20 from the office of the press secretary to the heads of executive departments and agencies.

Thankfully, President Obama has indicated through his May 20 press release that the national government is no longer willing to ignore the constitution to continue this prohibition against pot. Unfortunately, this comes on the heels of federal anti-drug agencies acting overzealously with their policies, willing to ignore both the law and the Bill of Rights to catch more marijuana users. Perhaps in an attempt to propagate themselves, institutions like the DEA and other enforcement agencies have continued this prohibition against cannabis in sovereign states no longer desiring persecution. Values are changing slowly about cannabis, and state governments need their constitutional right to govern.

Ian McPhail is a sophomore history major.

Source: Battalion, The (Texas A&M U, TX Edu)

Author: Ian McPhail

Published: August 4, 2009

Copyright: 2009 The Battalion

Website: http://www.thebatt.com/

Contact: mailcall@thebattalion.net

URL: http://drugsense.org/url/qjxvkl5X

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