Let’s Get It Together On Pot Laws

Quick. Do you know whether marijuana is legal in your state? Is it approved for medical or even recreational use? If you don’t know, that is completely understandable. We are a collection of 50 different states with a wide-ranging patchwork of laws regulating cannabis, nearly all of which are in direct opposition to federal law.

It’s difficult to generalize on the state-by-state tally because the laws are so different. One state’s medical marijuana law may be limited to products containing cannabidiol, abbreviated to CBD, a chemical extracted from cannabis and sold in oils, sprays, patches and lotions. Another state’s legislation might be more liberal, allowing CBD products plus sale of loose marijuana for smoking or for edible products like brownies. Some states require a doctor’s prescription for purchase, while others require only proof of residency.

So why does Uncle Sam still list marijuana as a Schedule I substance under the Controlled Substances Act? Schedule I drugs are those considered to have “a high potential for misuse” and have no accepted medical use. Among the other Schedule I drugs are heroin, cocaine and LSD. And if the federal government still considers marijuana to be a dangerous product, why has its own Food and Drug Administration approved some cannabis compounds, specifically THC and cannabidiol, for prescription use?

“It clears the path for them to find jobs, housing and other services that previously were denied to them because of unjust cannabis laws,” Gascon said.

Everyone is familiar with the competing arguments: “Marijuana is a gateway drug that can be addictive and lead to harder, even fatal, drug use,” versus “Marijuana has scientifically proven medicinal qualities and should be legalized for responsible recreational use, just like alcohol.”

Back in 2013, the Obama Justice Department issued a memo to all U.S. Attorneys’ offices saying, in effect, that due to limited resources they should no longer enforce federal marijuana laws in states that had “legalized marijuana in some form.” In 2018, the Trump DOJ rescinded that order. If some hoped there would be a flurry of federal pot prosecutions they were disappointed.

Whether you partake or disagree with legalization, it makes no sense to have two competing sets of laws on marijuana. And the fact is that some form of cannabis consumption is lawful in most states. This cat is out of the bag, so doesn’t it make sense to clearly define how to deal with it?

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To find out more about Diane Dimond, visit her website at www.dianedimond.com. Her latest book, “Thinking Outside the Crime and Justice Box,” is available on Amazon.com. To read features by other Creators writers and cartoonists, visit the Creators webpage at www.creators.com.

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