by Zach F

Created on: October 14, 2009

The DEA and other federal agencies have no business enforcing federal drug laws, or other federal laws, in states which have legalized medical marijuana.

A common misconception is that federal law should always trump state and local law. This is true in cases which fall under federal jurisdiction. Our Constitution's 10th Amendment, however, states that any powers not specifically granted to the federal government should remain with the states or the people.

Medicinal use of marijuana grown, processed, sold, and consumed in any one state is not a federal issue. Nowhere in the Constitution is the right to regulate medicine or illegal drugs expressly granted to the federal government. This is, therefore, a states' right issue.

The very existence of many federal laws, however, hinges on the federal obligation to regulate both interstate and international commerce. Drug laws are a great example. The federal government is able to regulate the production, sale, and use of drugs because drugs frequently come into one state from other states or even countries.

To this extent, the federal government has a right, and even duty, to be involved in drug policy and enforcement. With regulated intra-state use of medicinal marijuana, however, the federal government should back off, and work with states.

If the state agencies for regulating the medicinal marijuana industry are able to effectively ensure that the marijuana is being confined to its stated purpose, and to state lines, the DEA, Department of Justice, and other agencies have no business enforcing the laws, as there is no connection between the legal (in the state) use of medical marijuana and interstate commerce.

On the other hand, if there are issues of producers, sellers, or users of medical marijuana selling the drug, especially if there are indications that the drugs are entering the interstate and international drug trafficking system, the DEA should step in. Even in these cases, however, the intervention should be limited. The DEA should work closely with local and state agencies to target the individuals who are potentially making the issue one of interstate commerce, rather than targeting the whole system.

Ideally, federal authorities could work with state legislatures to address this before it becomes an issue, by ensuring that misuse of medical marijuana privileges are addressed swiftly and firmly. If the state consequences are strict enough, and the state devotes adequate time and resources to enforcing its own laws, DEA involvement should be unnecessary, unless the marijuana crosses state lines.

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