On Medical Marijuana, a Good Suggestion

Earlier this week, the Obama administration released a memo stating that prosecution of medical marijuana dispensaries and caregivers "is unlikely to be an efficient use of limited federal resources." This is, in effect, a weakened federal version of the "lowest law enforcement priority" statutes adopted in some U.S. cities. While a more strongly-worded memorandum would be ideal (there are far too many loopholes in this one), this will probably reduce, and may eliminate, elective raids on state-legal medical marijuana facilities.

But this is, make no mistake, a temporary accommodation--a limited stopgap measure. Why? Because:

1. The memo clearly states that the Department of Justice is still obligated to enforce federal law, even against medical marijuana dispensaries, and grants U.S. attorneys unlimited discretion to continue to do so.
2. A subsequent administration can change the policy at will. For that matter, the Obama administration can also change the policy at will.

What is really needed is congressional action to revise federal antidrug laws and create a loophole for medical marijuana dispensaries operating in states in which medical marijuana is legal. So far no such legislation has made it through Congress--and it won't, if the recent memo is interpreted as comparably effective.

The memo is a nice start, don't get me wrong. But the real work involved in ending the federal war on medical marijuana, and the real responsibility to do so, rests with Congress.

Related: History of the War on Drugs