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Friday, December 14, 2012

What Does Obama's Statement on Pot Really Mean?

Posted by on Fri, Dec 14, 2012 at 10:03 AM

As Charles mentioned earlier, President Obama has manned up to finally talk about Washington State's and Colorado's new laws that legalize marijuana. "It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal," he told Barbara Walters.

A lot of people will take these words as big news. And in the sense that these two successful initiatives made the president of the United States of Drug War Fighting America say that, hey, it's basically fine if millions of adults in those states smoke pot, then it is pretty big news. This hasn't happened before. But this isn't the federal government ceding power to the states on pot. And more specifically, it's not a long-term promise to leave these states alone when they regulate the marijuana industry.

Mostly, this is the same-old, same-old schtick.

First, Obama is only talking about marijuana use. Even though some media yakkers have spent the last month trying to fabricate stories about the feds coming in to bust potheads, that's always been a paper tiger. The feds don't handle marijuana possession cases. So as a practical matter, any state conflict with federal law on pot possession—which people yell about like it's a real issue—has always been a red herring. Obama is essentially confirming that it's a red herring.

Second, Obama's statement is basically the same thing the US Department of Justice has said for years: Pot cases, even those that involve moderate grow operations and sales, simply aren't their priority. Back in 2009, David W. Ogden, deputy attorney general of the DOJ, told US attorneys this: "As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals..." Although that particular statement concerned medical marijuana, the federal government makes no legal distinction between medical and non-medical pot. And last month on recreational pot, the US Attorney for Western Washington said they were looking into the matter. And now? Obama is saying he's still looking into it more and it's still not a priority to pursue these cases.

You know, until it is a priority to pursue these cases.

Remember, sometimes it has been a big priority for Obama to make medical marijuana raids. And perhaps it will be a priority for him to file an injunction to stop WA and CO from issuing licenses and permitting a government-regulated pot businesses. He could do that tomorrow. He could do when the rules are finished next year. He could do it when the first businesses are open.

Or Obama may stay out of it altogether. We'll have to see.

If there's something to be thrilled about here, it's this: The highest orders of government are carefully deliberating this issue. They're finally taking it seriously. As Obama pointed out, "This is a tough problem, because Congress has not yet changed the law." That's not a knee-jerk, I'm-the-decider-and-I'm-gonna-crack-down answer. Saying he wants to "examine" the situation, Obama is inviting a top-level discussion and, possibly, telegraphing a nuanced response.

Obama is, if nothing else, encouraging more conversation about marijuana legalization instead of promising to shut it down. And the more people talk about this issue, the more it wins.

 

Comments (11) RSS

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1
I kind of hope he does file an injunction and sooner rather than later. This needs to get back in front of the Supreme Court.

Doing nothing would be OK, but at best that get's us 4 years and then what?
Posted by giffy on December 14, 2012 at 10:22 AM
Pope Peabrain 2
Does that include doing nothing about people in HUD housing having pot?
Posted by Pope Peabrain on December 14, 2012 at 10:49 AM
3
Same old same old from Obama. He lied. Specifically, he said: "This is a tough problem, because Congress has not yet changed the law. I head up the executive branch; we're supposed to be carrying out laws. And so what we're going to need to have is a conversation about, How do you reconcile a federal law that still says marijuana is a federal offense and state laws that say that it's legal?" FYI Mr. President, Congress already passed a law that allows you to reconcile federal law with State law as it relates to controlled substances. The Controlled Substance Act empowers the DEA and the FDA (both in the Executive Branch) to classify controlled substances into one of 5 Schedules, or to remove any substance from the list. Currently marijuana is classified Schedule I, the most restrictive class. The President could re-schedule marijuana today, right now into any of the other classes, or take it off the controlled substance list altogether. HE DOES NOT NEED CONGRESS TO PASS ANY LAW TO DO THIS. Congress already gave him, the president as head of the Executive Branch, the authority to do this. Again Obama lied through his teeth and again the corporate media allowed him to broadcast misinformation to the public without correction or context. Same old same old.
Posted by screed on December 14, 2012 at 11:00 AM
Will in Seattle 4
In polls, 2/3 of all US citizens say they think the feds should stay out if a state legalizes it.

Can't get juries to convict in the West for following state law, so this is prudent on his part.

@2 having? maybe. selling? no.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on December 14, 2012 at 11:21 AM
5
@3 Kind of. The CSA sets criteria by which the executive branch should do those things.
http://www.fda.gov/regulatoryinformation…

See sections 811 and 812.

There is a bit more too it than just Executive ordering it. Especially if you want something that won't be challenged in court and could survive a different president.
Posted by giffy on December 14, 2012 at 11:35 AM
Some Old Nobodaddy Logged In 6
@3 Wow, who peed in your bottle this morning? I'll just emphasize what Dom was saying, the fact that the POTUS is being forced to have a discussion over cannabis, instead of sweeping it under the rug, is the news here. The only way those who support cannabis legalization can lose is by not having the conversation. There is no reason why it should be illegal, and every time the subject is forced upon those behind these ridiculous laws is a victory.
Posted by Some Old Nobodaddy Logged In on December 14, 2012 at 11:46 AM
7
I don't often have anything good to say about The Stranger's coverage of anything, but this story's an exception. After reading Obama's comments, I figured the feds would stay hands off, but it's still unclear. They could still do a civil seizure of the cash in the various operations, and that would cripple the I-502 framework.

Which would be no great loss, by the way. I-502 is a gigantic ripoff of the stoners by a state government drug cartel. If I were a stoner, I'd just as soon have the feds screw it up so that the voters would pass actual legalization in the next election.
Posted by Mister G on December 14, 2012 at 11:59 AM
Posted by Sea J on December 14, 2012 at 1:30 PM
watchout5 9
I think it's a nod that we'll probably at the very least get our stores while he's president. Once one president lets this happen, there's no way any other president will try and fight this unwinnable war. This is as much a victory as we could ever imagine on the federal level
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