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Old 05-27-2009, 04:43 PM   #6 (permalink)
seattle420lover
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"EDITORIALS. " Northwest Florida Daily News [Fort Walton Beach, Fla.] 26 May 2009


Rethinking the 'war on drugs'

Bits of evidence keep suggesting the United States is ready to rethink outright prohibition as the only possible way to deal with certain drugs. And some elements of the government seem prepared to take baby steps in the direction of a more sensible approach.

On May 18, the U.S. Supreme Court said it would not take up a challenge by San Diego and San Bernardino county governments to California's landmark medical marijuana law. And Gil Kerlikowske, President Obama's pick to head the Office of National Drug Control Policy (the so-called "drug czar"), has said it's time for the government to abandon the "war on drugs" metaphor.

Under the California law, county health departments were to administer medical marijuana identity card programs. For three years San Diego County resisted doing so, arguing that federal law still prohibits marijuana use. That argument was batted around in various state courts before being tossed to the U.S. Supreme Court. The high court declined to make the catch.

In doing so, it affirmed the constitutional principle of federalism, which permits states to have different approaches -- especially on health issues -- than the national government does. Now, officials who have claimed a duty to uphold federal laws against medical marijuana have no legal leg to stand on.

Federal officials still can enforce their laws against medical marijuana users and providers, but U.S. Attorney General Eric Holder has said the Drug Enforcement Administration won't raid medical marijuana dispensaries unless there's evidence they're violating state law as well.

Meanwhile, Mr. Kerlikowske's decision to abandon the "war on drugs" metaphor because "we're not at war with people in this country" is a welcome symbolic move, but it will be hollow unless it is followed by changes in federal policy. As long as the national government has strict laws against marijuana and other drugs, the only ways to enforce them are warlike. Mr. Kerlikowske may channel more funds to treatment and prevention, but if he's serious about ending the state of war, he must recommend changes in the law as well.

Things are getting interesting.

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