The Future Of Marijuana Reform

With the end of President Obama’s presidency less than three years away we have to begin to wonder what his everlasting legacy will be aside from his race. Many hope that it will be the Affordable Care Act and unless cooperative efforts from all sides occur, that may not be the case. However, the saving grace may end up putting an end to the nearly 80 year prohibition of marijuana.

In 2004 Obama said that he was someone who:

Does not believe in legalization but we need to rethink how we are operating in the drug wars and that currently we are not doing a good job.

Later in 2008, during his march to the White House, he stated to Rolling Stone Magazine:

?I would start with nonviolent, first-time drug offenders. The notion that we are imposing felonies on them or sending them to prison, where they are getting advanced degrees in criminality, instead of thinking about ways like drug courts that can get them back on track in their lives — it’s expensive, it’s counterproductive, and it doesn’t make sense.

In 1996 Californian citizens voted on Proposition 215 which would enable eligible citizens to receive medical marijuana as a form of treatment for various illness, as well as ailments varying from A.I.D.S & cancer to arthritis & glaucoma.

Since that time Alaska, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington, as well as the District of Columbia, all followed suit bringing the total of Medical Marijuana states to twenty.

The election of 2012 saw a historic moment when citizens of Washington voted for, and passed, Initiative 502 which legalized marijuana in the state; while the citizens of Colorado did the same with Amendment 64 which amended the state constitution to allow for personal use and sale of recreational marijuana under similar guidelines to alcohol.

It is expected in 2014 that several of the states that already have medical marijuana laws could join Washington & Colorado in some form of decriminalization or legalization. As of right now the total amount of Electoral College Votes from the states that have progressive laws viewing marijuana total 204; which is 66 fewer than those needed to elect an individual as President of the United States.

Currently no states in the South offer medical marijuana in any form. Most bills introduced in southern states, for medicinal purposes, have been rejected.

Marijuana, on the federal level, is a Schedule I substance which means that it has the potential for extreme abuse, zero medical use, nor is it safe to use without proper medical supervision. Bath Salts, Heroin, LSD, and MDMA are a few of the other Schedule I substances. Cocaine however is a Schedule II substance which means it has limited medical use. The Comprehensive Drug Abuse Prevention and Control Act of 1970 is what labeled marijuana a Schedule I narcotic. The Control Act was signed by President Nixon. Another roadblock for federal laws regarding marijuana is an international treaty; Single Convention on Narcotic Drugs of 1961.

Should the federal government enact federal laws legalizing marijuana then it would be in violation of the Single Convention on Narcotic Drugs treaty. However, the Constitution of the United States’ Tenth Amendment gives States’ rights to create its own laws. This is still a tricky area due to the fact that many southern states argued this point during the time of segregation. One side of the argument says that due to the Sixth Amendment, primarily the Supremacy Clause, federal laws trump a state law that is in conflict. However, due to the Constitution’s structure regarding dual sovereignty, states are not required to enforce federal laws anymore, so than federal entities are not required to enforce state laws.

Many people do not understand the distinction between legalization and decriminalization. Legalization means it IS legal to have something, whereas decriminalization means you got caught with something you weren’t supposed to have but are required to relinquish it. This is similar to school policies regarding chewing gum. If chewing gum is “legal” under school policy then students are able to chew gum as they please except maybe during certain times. If chewing gum is only “decriminalized” then, if caught, the student must spit the gum out in the trash can and go about their day without punishment.

The fact that Hawaii (the birthplace of President Obama), Illinois (the place he served as Senator), and the District of Columbia (place of current residence and work), all have passed medical marijuana laws, therefore it would seem fitting that reforming federal laws regarding medical marijuana should be something he would want to carry-out. Should he choose to go a step further to decriminalize marijuana it could be something that he chooses to do after the 2014 midterm elections, depending on what states may join in the footsteps of Colorado & Washington. Otherwise the next time the topic becomes a priority will be for the 2016 election which would certainly be an everlasting impact on the legacy of the NEXT President of the United States, depending on what that person chose to do.

Edited by SS

I had a successful career actively working with at-risk youth, people struggling with poverty and unemployment, and disadvantaged and oppressed populations. In 2011, I made the decision to pursue my dreams and become a full-time writer. Connect with me on LinkedIn, Twitter, and Facebook.