The Quagmire that Nobody in the Federal Government Wants to Talk About: Marijuana

Abstract

Legalization of marijuana has become the battle cry of many in the United States who are weary of the so-called “war on drugs” and are anxious for the federal government to allow them to use marijuana as their vice of choice. In the aftermath of several states choosing to legalize marijuana for medical use or for recreational use, the federal government must respond. Currently, both law enforcement and medical marijuana dispensaries at a standoff – law enforcement awaits orders to shut down dispensaries, and the dispensaries are risking potential seizure and the loss of their businesses. The federal government has three options: (1) legalize, (2) change marijuana from a Schedule I substance under the Controlled Substances Act to a Schedule II substance which would permit marijuana for medical purposes, or (3) enforce the current federal laws criminalizing the importation and distribution of marijuana. This article argues that option #2 is not viable and has been found to be problematic. Studies have revealed that the majority of those using marijuana with “medical cards” authorized by the state are not, in fact, using marijuana for medical purposes but rather, for recreational use. The drug cartels have gotten into bed with dispensaries and are operating without any restrictions or regulations placed on them. Moreover, marijuana cannot be changed to a Schedule II substance because the varying THC content in marijuana makes it impossible to monitor. This leads to choosing either option #1 or #2. Europe and Asia can inform this discussion. The general trend in Europe is one of prevention and decriminalization which is in stark contrast to Asia where the trend is focusing on punishment as a deterrent to drug use and distribution. The United States can look to other countries’ drug use policies to determine what has been proven to be effective. The federal government needs to take a stand and either crack down on the growing marijuana business or legalize and begin the arduous task of regulating and taxing while at the same time advocating for minimal use.