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October 26, 2009

The new medical marijuana regulatory challenge for states and localities

This morning's New York Times has this intriguing new article on medicial marijuana regulation, which is headlined "States Pressed Into New Role on Marijuana."  Here are excerpts:

For years, since the first medical marijuana laws were passed in the mid-1990s, many local and state governments could be confident, if not complacent, knowing that marijuana would be kept in check because it remained illegal under federal law, and that hard-nosed federal prosecutors were not about to forget it.

But with the Justice Department’s announcement last week that it would not prosecute people who use marijuana for medical purposes in states where it is legal, local and state officials say they will now have to take on the job themselves.

In New Hampshire, for instance, where some state legislators are considering a medical marijuana law, there is concern that the state health department — already battered by budget cuts — could be hard-pressed to administer the system. In California, where there has been an explosion of medical marijuana suppliers, the authorities in Los Angeles and other jurisdictions are considering a requirement that all medical dispensaries operate as nonprofit organizations.

“The federal government says they’re not going to control it, so the only other option we have is to control it ourselves,” said Carrol Martin, a City Council member in this community north of Denver, where a ban on marijuana dispensaries was on the agenda at a Council meeting the day after the federal announcement.

At least five states, including New York and New Jersey, are considering laws to allow medical marijuana through legislation or voter referendums, in addition to the 13 states where such laws already exist.  Even while that is happening, scores of local governments in California, Colorado and other states have gone the other way and imposed bans or moratoriums on distribution even though state law allows it.

Some health and legal experts say the Justice Department’s decision will promote the spread of marijuana for medical uses because local and state officials often take leadership cues from federal policy. That, the experts said, could lead to more liberal rules in states that already have medical marijuana and to more voters and legislators in other states becoming comfortable with the idea of allowing it. For elected officials who have feared looking soft on crime by backing any sort of legalized marijuana use, the new policy might provide support to reframe the issue.

Ain't it cool to be able to watch laboratories of democracy at work.  I sure hope we see lots of different kinds of experimenting with marijuana rules and regulations, as well as lots of different efforts to study and assess which regulatory structures prove to be most effective in balancing personal liberty and public safety.

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October 26, 2009 at 09:34 AM | Permalink


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Laboratories indeed. One challenge for those of us liberals who support decriminalization is to remind the federalist/states' rights and libertarian crowds that they should be with us on this.

Posted by: dm | Oct 26, 2009 10:39:40 AM

Alabama just got around to freeing the hops. It will be a while before we free the hemp!

Posted by: Talitha | Oct 26, 2009 1:37:57 PM

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