California will soon be voting on a measure that would legalize marijuana in the state. Proposition 19 would allow municipalities to write their own laws dealing with the possession and recreational use of the drug.
The main reason behind this initiative is to raise revenue by taxing marijuana sales. California has already abolished criminal penalties for those that use medical marijuana, and this proposal would eliminate many criminal charges for those that use the drug recreationally. However, voters may not have the last say on this matter.
Potential Conflict with Federal Law?
Under the Controlled Substances Act (CSA), marijuana is listed as a Schedule 1 drug. This status makes it a federal crime to possess or grow the drug. Even those with prescriptions to use medical marijuana in California are technically in violation of the CSA.
The Obama administration stated in March of 2009 that it would not target medical marijuana centers or its patients, instead focusing its attention on major marijuana dealers and cultivators. While this is a different path from previous administrations, the director of the Office of National Drug Control Policy, Gil Kerlikowske, reiterated that the Obama administration was very much against the legalization of marijuana.
Marijuana is still an illegal drug, and criminal charges may be brought for possession, distribution or cultivation. Recently, local and federal law enforcement agencies have launched an aggressive crackdown against high-volume marijuana dealers in various California counties.
With the CSA classification as a Schedule 1 substance remaining in place, federal drug charges may still be possible for those who sell, possess or grow marijuana, even if the drug is legalized in California.
This could set up a major showdown between the Justice Department and the state. The federal government has made no secret of its staunch opposition to state laws that are in direct conflict with federal laws. The Obama administration would be placed in a tough political position if the measure passes, but would be expected to challenge any laws that legalize marijuana.
