The future of Hawaii’s medical marijuana program is in question, if not under outright threat. That’s because of a policy shift by the U.S. Department of Justice allowing for more aggressive prosecution of people who buy cannabis products, even if they are allowed to do so under their state’s laws.
The fact that the Trump administration can take a stance that is more overtly adversarial to the drug is because of a disconnect between how it is regarded under federal statute and provisions of various state laws that allow for its use.
The only permanent fix would be to reconcile federal law, which classifies marijuana as a “Schedule A” drug, on par with substances such as heroin. This is an excessively harsh classification that deserves attention from Congress to amend. Whether this means decriminalization or legalization is a question that should get a full debate.
In the meantime, though, action should be taken to avert prosecutions of at least the uses of the drug for medical purposes. Such cases would involve wasteful expenditure of time and resources on transactions that provide a benefit to patients using cannabis products to legitimately relieve symptoms.
Hawaii’s interim U.S. attorney appointee, Kenji Price, should direct his attention to more pressing needs than this.
The immediate call to action rests with Congress, which could renew a federal law called the Rohrabacher-Blumenauer amendment. It insulates states that have implemented their own medical marijuana programs from federal interference.
This provision expires Jan. 19. Amid all the hurly-burly of spending authorizations and other bills facing a hard deadline in the coming weeks, it easily could fall through the cracks.
That shouldn’t be allowed to happen, and now that more than half the states in the union have established medical marijuana programs, pressure should be brought to bear on U.S. Senate and House leadership to include an extension for the amendment in a must-pass bill.
The news of a potential federal crackdown broke Thursday when the Trump administration ended a federal policy established under former President Barack Obama that barred federal prosecution in cases where marijuana is sold legally, whether for medical or recreational use.
Instead, U.S. Attorney General Jeff Sessions, who has been open about his opposition to marijuana use, has given federal prosecutors the prerogative to pursue cases when state and federal laws conflict. It’s uncertain whether Sessions will pressure those state prosecutors to be aggressive about that pursuit.
Leaving this uncertainty hanging over medical marijuana programs, such as Hawaii’s own fledgling network of cannabis dispensaries, is patently unfair. This state was on the leading edge, decades ago, in authorizing medical marijuana, but it took years for the state to carefully write the laws and enable the support infrastructure for the program.
Laboratories have been enlisted in the task of screening the agricultural production of the drug and ensure quality control. Dispensaries have opened — four so far statewide — to deliver the medicine in various forms.
The state Department of Health has been resolute about launching the program only when everything had been vetted and the rules were in place. Last year, it issued patient certification cards to just under 20,000 people seeking the patient credential.
Everyone involved in this legal enterprise rightfully can feel affronted by the assertion that they could be prosecuted.
“We don’t think we’re crooks. We think we’re doing a good service for our community,” said Richard Ha, CEO of Lau Ola, the Hawaii island dispensary preparing to open two branches this year.
In addition to individual prosecutions, the new federal policy has put states on notice that they could be sued on the grounds that state regulation of marijuana is unconstitutional.
However such a legal wrestling match would play out, there is a reality check that should give the feds pause. The climate against at least a limited, controlled use of marijuana has changed, almost certainly for good. It’s unreasonable to expect that the clock can be turned back and that the majority of states would willingly give up a medical marijuana program.
Trying to force them to do so, as many critics point out, would be a waste of money the federal government doesn’t have.
The Trump administration is within its rights to telegraph the message that it does not view pot with a casual eye and intends to slow down the recreational use of the drug — even as California last week became the eighth state to legalize recreational use. Elections have consequences, and this is a consequence of a more traditionally conservative government. This state and many others would be wise to table their consideration of legalizing recreational pot, until this dispute resolves.
But there’s no call for a federal medical marijuana “solution” without evidence of a problem. Until there is, Uncle Sam should just back off.
