De-Criminalized Marijuana is Now Federal Law
The Attorney General Eric Holder announced that the federal government will not enforce federal marijuana laws in states that legalized it, to include the states of Colorado and Washington as well as states with medical marijuana laws. Instead they will focus on preventing illegal Kingpins from profiting from this, keeping the drug out of the hands of minors and other safety measures in controlling its use.
Now understand the implications. The Obama Administration is the Executive Branch of government, whereby the Congress is the Legislative Branch of government. The President and his men’s duty is to enforce the law and not to make them, which is the duty of the Congress.
The controlled substance act was passed by the 91st Congress and signed by Richard Nixon in 1970 and marijuana is still considered a schedule 1 drug under the controlled substance act. The controlled substance act must be enforced under the United States Constitution, when there is a conflict between state and federal law. So if a state says a drug is legal and the federal government says it is not, the federal government is obligated to enforce this law, however, President Obama decided not to do this in this case.
HR 2306 aka the Frank Paul bill, sponsored by Barney Frank and co-sponsored by about 20 others, was introduced on June 23, 2011, but has yet to be enacted, which is the solution to this problem. It is called “Ending Federal Marijuana Prohibition Act of 2011,” Because though Eric Holder can instruct his law enforcement group and direct them as to what to do and enforce or not enforce and while to some degree what is going on may be the right thing to do given the circumstances, still it may well be unconstitutional and may create bad precedent in future state and federal legal confrontations. Because if a state is not forced to follow this law, which they are constitutional bond to follow, they may pick and choose other laws to not follow at their discretion in the future. And this could lead to anarchy. So in my humble opinion, the congress has to address President Obama’s decision and in doing so look into and perhaps enacting HR 2306. Which would end the prohibition of marijuana at federal level all together.
The Obama Administration said at the time they will not change the schedule level of marijuana with the DEA, but this is a matter procedure that must take place very soon at a minimum, to justify this decision. I think within a year marijuana will be totally de-criminalized at federal level, so that the federal government can tax it where it is legalized to have the capital to enforce the terms of legal distribution and the use of it, which is a new tactic altogether. And unlike tobacco which causes so many health problems, the government will earn money in the process and hopefully use the money for social programs and not to fight wars, which seems to be the priority of this Administration and not the healing of our people.
Frank Paul Jones