California Marijuana Clinics

In Febrary 2007, I wrote the below article in the opinion page of the Orange County Register in reply to a February 4 editorial by John Stossel attacking DEA's crackdown on California marijuana clinics.

As a retired DEA agent, I take issue with John Stossel's Feb. 4 column on our drug laws ["Drug legalization decisions are better off left to the states," Commentary]. Stossel's thesis is that drug laws, according to the Constitution, should be left to the individual states as opposed to the federal government. Stossel also opines that the current administration and "DEA goons" are "throwing that idea on the trash heap."

Well, not exactly. The fact is that under the 10th Amendment any laws not covered by federal law are left to the states. Thus, states are free to enact their own laws as long as they do not conflict with federal law.

However, we do have federal law that regulates the manufacture, transportation and sale of controlled substances, including both illegal drugs and those subject to a doctor's prescription.

In the case of marijuana, it is presently categorized as a Schedule I drug, which, among other elements, states that it has no recognized medical use. That means that states that attempt to allow "medical marijuana shops" are in conflict with federal law, as are doctors who prescribe marijuana.

It is not my purpose here to debate the pros and cons of marijuana. Suffice to say that those who want to legalize it or change its category to a lesser schedule can petition through the legislative system. We have the mechanisms in place to change our laws rather than snub our noses at them.

Stossel, as a libertarian, seems to be opposed to all drug laws, at least on the federal level. That is his right. However, leaving the decision to each state would create chaos and do nothing more than attract drug users to those states. It would also hamper law enforcement's efforts to investigate major drug-trafficking organizations that operate across state lines (indeed, national borders). That is a major reason why we have federal law enforcement agencies.

As for the so-called marijuana clinics, I am skeptical about their true purpose. Is it really to provide relief to ordinary citizens like you and me (who could obtain legally-prescribed medications that are much more efficient), or is it just a Trojan horse either to legalize marijuana entirely or at least provide access to the usual potheads? I suspect the latter.

If America as a nation wants to junk its drug laws, that can be done through the legislative process. But for state authorities to ignore federal law as it exists is illegal. The bottom line is that marijuana clinics in California are breaking federal law. If you don't like the law, petition your legislators to change it.