Pot policing gets needed reform

It took the Obama administration some time — after declaring that federal officials would not go after patients and providers in states with valid medical marijuana laws — to issue an official memorandum to that effect, and the memorandum contains loopholes a rogue prosecutor could exploit. But the memorandum for selected United States attorneys is nonetheless welcome, and a huge step in the direction of common-sense, humane enforcement policies.

The next logical step is to eliminate marijuana or cannabis from the list, or schedule, of drugs no doctor can legally prescribe — a step arguably called for by the Controlled Substances Act itself — and allow doctors nationwide to prescribe cannabis for patients who can benefit from it.

Before we pick nits, it is appropriate to celebrate. Despite 13 states, including California, having passed laws permitting physicians to recommend marijuana to patients, and despite a growing body of scientific evidence documenting the efficacy of marijuana at alleviating certain medical conditions, the Drug Enforcement Administration has conducted occasional raids on cannabis patients and medical cannabis distribution facilities in California and other states.

These activities have encouraged a few local officials, who have never quite accepted this law, to harass patients, and has discouraged intelligent implementation of state laws. For the Justice Department to notify its prosecutors in states with medical cannabis laws that prosecution of patients and providers “is unlikely to be an efficient use of limited federal resources” is a very significant step.

It is unclear how significant it is, however, that the memorandum issued Monday is directed toward U.S. attorneys and not toward the Drug Enforcement Administration. It is obvious that some DEA agents still believe harassing cannabis patients is a worthwhile activity. Even if these cases are not prosecuted, as most of them are not, they are extremely disruptive of efforts to establish a legitimate “white market” for medical cannabis patients that would undermine the black market for recreational cannabis.

This step on prosecution is welcome, but it is only a first step toward a more sensible and humane policy. Rescheduling — a step well short of full legalization, which should also be open for discussion — is the next logical step.