Legal Corner

MMJ: The New Political Hot Potato?

How does medical marijuana, or even marijuana, fit into the political spectrum of this 2012 presidential race? First, the federal government could re-classify marijuana from a Schedule I drug which would enable states to pass their own legislation regulating medical marijuana without the fear of intervention from Washington. In May 2012, the Hinchey-Rohrabacher amendment to H.R. 5326 failed to pass which would have lifted federal prohibition of marijuana. The candidates do not seem to distinguish between medical marijuana and the legalization of marijuana as they all just seem to say they are against any legalization of marijuana whether for medicinal or recreational purposes.

Recently while campaigning in Colorado Springs vice presidential candidate and U.S. Rep. Paul Ryan (R-WI) told a television reporter that it was his own personal opinion that medical marijuana was a states’ rights issue. “What I’ve always believed is the states should decide.” The next day Paul Ryan backtracked and once again was lock step with his GOP presidential running mate Mitt Romney pledging to keep all marijuana “illegal.”

Presidential hopeful Mitt Romney has said that if elected president he would fight “tooth-and-nail” against reforming federal marijuana laws. Romney’s approach though during the campaign season is to avoid the subject of legalization of marijuana or even medical marijuana. When asked about those topics Romney has been seen dismissing the person asking the question and dismissive of the whole marijuana topic. When pushed, Romney has referred to marijuana as a “gateway drug” harking back to the rhetoric of the ’80s. Since then, respected scientists have dispelled this myth.

What has been perplexing though to registered voters in Colorado is President Obama’s apparent flip-flop as well on marijuana since his campaigning for office in 2008. During the 2008 presidential campaign the then-presidential candidate promised to respect the states’ MMJ laws and promised to not use the Justice Department to circumvent them. Unfortunately, this has not played out as the FBI, DEA, ATF, U.S. Attorneys and other federal agencies have escalated their attacks on cannabis.

While marijuana is embattled and a political hot potato, it survives and thrives among the citizens because it’s the little plant that could. If the people lead, the politicians will follow.

Ann Toney, P.C. is a Denver-based law firm that focuses on medical marijuana business law and marijuana defense; and defending people charged with driving under the influence of alcohol and drugs (DUI/DUID). Ann Toney can be contacted via phone or web at (303) 399-5556 and www.anntoneylaw.com.