Posted by Anthony Gregory on 10/19/09 11:40 AM   [Newer: Corporatist Hypocrisy ] [Older: Social Security's Bankruptcy Accelerates, and the Way Out ]

It is indeed a very positive step that Obama has taken in ordering a halt to federal medical marijuana crackdowns where state law is not being violated. As Glenn Greenwald notes, it is a victory for humane treatment of patients, individual liberty and states rights. But there are limits to this improvement. For one, the determination of what constitutes a violation of state law is still under the discretion of the federal government. This is not the proper role of Washington DC. In March, the federal government raided a San Francsico clinic under the pretense of enforcing state sales tax law. But how can the feds know when the state law has been violated, and why should it be up to the feds to prosecute people, presumably under federal authority, because they happened to allegedly violate state law? Will the state law violations be adjudicated properly? Will it have to be proven beyond a reasonable doubt that state law was violated before federal prosecution or conviction commences? We shall see just how fundamental a shift in policy this is.

Furthermore, this is the kind of executive policy that could easily be overturned. The Supreme Court's disastrous ruling in 2005 that the feds can override state medical marijuana policy still controls, it would seem. And moreover, the humanitarian, free-market, libertarian and states-rights reasons for Washington to lay off on medical marijuana applies just as well to recreational marijuana, as well as regulation and prohibition of all medicinal and recreational substances. Indeed, this applies not just to the area of drugs, but to the whole range of unconstitutional federal imposition upon state sovereignty -- most criminal justice questions, most economic regulation, health care issues, energy and so much more. For now, this is a victory for liberty for which Obama deserves credit, but it is an incomplete victory. If indeed the president believes the war on drugs is a failure, as he has indicated many times, he should go further in denationalizing, demilitarizing and desocializing American drug policy.

Posted 10/19/09 8:37 PM raptors23 Los Angeles, CA

I have been a vociferous critic of many of the Obama administration's policies. I have also been quick to point out to everyone that will listen what campaign promises the President has reneged on. As a man who thinks for himself and judges issues on a case by case basis, must applaud the President for this wise Bush Era policy-reversal. Credit must be given where credit is due.

Posted 10/19/09 8:42 PM niuphan Aurora, IL

I agree that this is a step in the right direction. But until they repeal the actual federal law, making it a low priority is not good enough for me.

Posted 10/19/09 9:11 PM redshirt Philadelphia, PA

Good move. Needs about 1000 more like it. And he must seek to get the federal law repealed.

Posted 10/20/09 12:15 AM www.TruthPatriot.com houston, TX

Everything understood and agreed! Whether this is a move to reverse downward approval ratings or whatever else, I have to say that this is a perfect example of government bending to the will of the people, with enough pressure applied! How many times have we heard people say, "they will never legalize it". Now we have, what is it, 14 states that have legalized it for medical use? And In a relatively short amount of time. And the Feds are bending to the pressure! This trend should continue because there is a growing support of legalization growing among the grass roots, both liberal and conservatives! As I like to say "increase the pressure!"

Posted 10/20/09 09:17 AM smashysmashy dover, NH

Ya sorry, I don't buy into this "suggestion." It was a move to get the marijuana reformers off of his back so he can ramp up Afghanistan as much as he pleases and continue to protect the federal reserve.