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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

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Editorial: Feds ought to regulate pot based on proven data

Regulating marijuana would be a lot simpler if states didn’t have to tip toe around outdated federal law that pretends weed is as dangerous as heroin and has no medicinal value.

Twenty-three states have legalized marijuana for medicinal purposes. Washington, Colorado, Oregon and Alaska, along with the District of Columbia, have legalized some form of recreational use. Washington and Colorado have operational markets, but the process has been far more complicated than it needed to be because of the antiquated federal Controlled Substances Act of 1970.

In a nod to the science that shows pot to have some medicinal value and to be far safer than politicians of yesteryear believed, the U.S. Justice Department has said it would back off as long as states made sure the marijuana trade didn’t cross borders and that children were protected. Last summer, the House of Representatives voted to defund federal raids into states that have liberalized marijuana laws.

Michelle Leonhart, head of the Drug Enforcement Administration, has never liked this softer approach. At congressional hearings, she’s refused to concede that pot is any different than heroin or crack cocaine. But she was forced to resign recently because she failed to fire any of the DEA agents who attended sex parties with prostitutes, all funded by drug lords.

Suffice it to say she had a strange notion of when to be tough on crime. She won’t be missed.

The Obama administration should hire a replacement who respects the scientific research on marijuana and changing public attitudes. The new DEA chief should work to reschedule marijuana. If it were ranked like other pain management meds – codeine, for instance – state regulators wouldn’t have to jump through so many hoops. Plus, the proceeds from pot could be accepted at banks. At present, it’s a cash-only business, which isn’t safe for anyone.

Despite the federal hurdles, Gov. Jay Inslee on Friday signed a bill that finally provides a path to regulate medical marijuana. The law places medical pot under the recreational pot structure and calls for the Liquor Control Board to start writing rules.

Patients will buy pot at recreational stores. If they sign a state registry and show they have a doctor’s approval, patients can possess up to three times more pot than regular customers. The law will ensure that medical pot has been inspected for safety. Medical marijuana dispensaries will be put out of business, as will collective gardens.

The Legislature, which is headed into a special session, still needs to decide how taxation will work, although the Senate is counting on $295 million to balance its budget. Plus, counties are clamoring for marijuana revenue to help implement the law. Current bills would allot a paltry $12 million for the next biennium to be shared among the 39 counties. That doesn’t provide much incentive for state and local governments to lift bans and allow sales in their jurisdictions.

If the state is serious about driving out the black market, it will have to spread the wealth.