By Matt Ferner The movement to end marijuana prohibition has made significant progress recently, but it could all be undone when the next president takes office in 2017.
Harvard economist Jeff Miron, a vocal supporter of marijuana policy reform, highlighted the precarious nature of state marijuana laws in a Wednesday op-ed for CNN on why Congress needs to act now on federal marijuana policy.
“Despite the compelling case for legalization, and progress toward legalization at the state level, ultimate success is not assured,” Miron wrote. “Federal law still prohibits marijuana, and existing jurisprudence (Gonzales v. Raich 2005) holds that federal law trumps state law when it comes to marijuana prohibition. So far, the federal government has mostly taken a hands-off approach to state medicalizations and legalizations, but in January 2017, the country will have a new president. That person could order the attorney general to enforce federal prohibition regardless of state law.”
With marijuana legalization supported by a majority of Americans, and with states continuing to pass legalization laws — about a dozen more may do so by 2016 — it seems unlikely that the federal government would push back against the popular movement. But it’s not impossible.
That’s because the regulation of marijuana — as seen in programs currently in place in Colorado and Washington state, as well as those that will soon go into effect in Oregon, Alaska and Washington, D.C. — remains illegal under the 1970 Controlled Substances Act. The states that have legalized marijuana have only been able to do so because of federal guidance urging federal prosecutors to refrain from targeting state-legal marijuana operations. That guidance could be reversed when a new administration enters the White House.
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Source:: Weed Feed
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