Supreme Court Makes No Comment on States Marijuana Laws

Gov. Schwarzeneggar opened up the debate on legalizing marijuana recently. The Supreme Court has tacitly allowed the states to continue their own course. What will the rest of the country do in light of their recent decision?

The Court made no comment on its decision when it turned down the appeals. On the other hand by doing this, it will clear the way for individuals in San Diego and San Bernardino counties in California to seek identification cards that will allow them to receive medical marijuana. Identification cards have been required under California state law since 2004. Two counties however had an appeal to the Supreme Court declaring that the medical marijuana law conflicted with the zero tolerance policy set by the federal government. Nevertheless the Supreme Court has made a decision that indicates the states can set their own policies with respect to the legalization of marijuana.. This new decision falls in line with the Atty. Gen. Eric H. Holder Jr's decision that the federal government would not be interfering with or prosecuting low-level marijuana cases. Perhaps this is the federal government's response to marijuana resembling in some ways the military's approach to gays in the military with a "don't ask don't tell' philosophy. It also falls in line with a state appeals court decision made in California last year with respect to California's medical marijuana law. That decision said the law was not rendered void by the federal drug law. At the time the California Supreme Court also decided not to hear an appeal from the two counties after which they appealed to the Supreme Court. California Passed its Compassionate Use Act in 1996. This allowed the medical use of marijuana. Since then 12 other states have adopted similar measures. These include Hawaii, Alaska, Colorado, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Washington and Vermont. Recently New Hampshire has passed a similar measure, and it is presently awaiting the decision of the governor. These measures appear to contradict the federal government's controlled substances act of 1970 that designated marijuana as a schedule I drug that has no “currently accepted medical use" in the United States. The law also says that the federal government can arrest and prosecute anyone who is caught selling or using marijuana. That includes those states that have authorized the medical use of the drug. This new state decision in California makes it appear that the new administration is not interested in pursuing the type of severe administrative policies that preceded it. The State of Oregon allow voters to make their own decision in 1998 about legalizing medical marijuana. The measure allows the following: individuals with debilitating medical conditions upon the advice of their physician may be allowed to use medical marijuana without fear of civil or criminal penalties when their doctors advise such use and believe it to be a medical benefit to them. Drugwatch is an organization opposed to the legalization or decriminalization of drugs. This organization believes that drugs should be illegal because they have a damaging impact on the body and negatively affect behavior. They also believe that even marijuana has the potential for abuse and that the general use of the drug threatens the health welfare and safety of people in society. They say that legalizing marijuana would decrease its price and therefore make it more available and consequently would increase drug use in general and lead to more illegal substances. The inevitable result of that, according to the organization, might be a higher crime rate in general and a black market as well. In the meantime the Supreme Court of the United States remains quiet, allowing the several states to proceed to make its own decisions on the subject of decriminalizing marijuana use.