Medical marijuana up in smoke?

Attitudes toward marijuana use in the U.S. have been shifting for generations. Since it blew its way into the fringes in the 1960s, it has drifted into the crevices and lungs of mainstream culture. It's not uncommon today to see or hear marijuana references on prime time television or mainstream music. In fact, 18 states and the District of Columbia legally allow medical marijuana use.

But the fact that medical marijuana is legal in so many states does not seem to exempt those businesses and dispensary business owners from federal prosecution. The New York Times profiled entrepreneur Matthew Davies who had a medical marijuana dispensary business that he treated like any other entrepreneur starting a business- except the part where he got indicted but the U.S. Justice Department. And this is not some Republican attack on the medical marijuana movement.

The indictment was handed down by a regional U.S. district attorney who was appointed by President Obama in 2009. Davies faces 15 years to life in prison for his role as owner of the $8 million a year operation. Two others who also were part of the business took plea bargains and took five year sentences. Davies, however, is choosing to fight the charges with lawyers and his own PR campaign on the web. While the result remains anyone's guess, one of his lawyers, Elliot R. Peters, asked the larger question:

“Does this mean that the federal government will be prosecuting individuals throughout California, Washington, Colorado and elsewhere who comply with state law permitting marijuana use, or is the Davies case merely a rogue prosecutor out of step with administration and department policy?”

Indeed. The outcome of this case will be a new chapter in the bong-water murky understanding of how the US government and judicial system will deal with differences between state and federal laws.

Colorado voters passed Amendment 64 this past November, making recreational marijuana use legal, and the state of Washington did the same with Initiative 502. Rhode Island and Maine are looking at doing something similar. Without the veneer of medical use there are even more questions about how the federal government will react. But if they are moving in and prosecuting a medical marijuana dispensary business owner who was following the letter of the law, it doesn't bode well for those who open businesses and expect blanket protection by the new Colorado law.

The biggest issue at this point in the game is the difference between state and federal laws. The fact that Davies is facing more than a decade in prison for running a business that followed his state laws to the letter is terrifying. Ironically, it could bring Republican defenders to his side who value states rights over federal control.

There is an argument that as more states pass laws allowing the legal use of marijuana, the federal government will follow suit. But when the consequences of this grey area period include stand up business owners going to prison, I think the first step needs to be a clear understanding of how state and federal law enforcement agents will enforce their different laws so that those who want to comply, can comply.

Image courtesy of Rusty Blazenhoff via flickr