7 News reported that The Colorado Court of Appeals is backing an Arapahoe County prosecutor who argued a registered medical marijuana user can’t use pot while on probation because it violates federal law. This is an important news item that likely affects many Coloradins health decisions. The precedent it refers to makes some degree of sense. Basically, consuming marijuana remains a federal crime and probation law in Colorado specifically prohibits the breaking of any law and does not make exceptions for federal laws. That doesn’t preclude the state legislature from making an exception, although that seems unlikely.
Still, this issue demands an important question to be asked. At what point does the medical need of the individual become an issue of individual liberty? This fundamental question seems to be the basis for the federal complacency (if not approval) with medical marijuana laws in states that contradict federal law. It could be argued that the civil rights interest in this question has created the tacit consent that has allowed so many to have access to this medicine. Not to undermine the critical importance of the accomplishments made with state laws and by activists championing them; they are only as secure today as is deemed necessary and prudent by the executive branch of our government.
Medical marijuana law in Denver has changed as regularly as the seasons for the last few years. First it was questionable with little precedent following Amendment 20′s passage in 2000, then as strength in numbers grew and ratification of the new law by the Colorado legislature by way of regulating the industry; the growth expanded. In Colorado, while we may have stricter regulations on our medical marijuana than some other states, we also have the simultaneous benefit of having a system in place to prevent abuse of our MMJ laws, which may have the benefit of protecting the industry from itself.
Without a doubt, the type of change that would help the most to protect patients and to ensure they have access to medicine is going to be a federal change. Colorado is actually the home of Jared Polis, a congressperson that submitted three bills to the federal legislature for the 2011 session including HR 1984 last year, which would have made it easier for banks to work with dispensaries without violating federal law.
The story about medical marijuana is just being written today. With more and more states opting into systems for patients across the nation and ever increasing popularity of medical marijuana in the sentiments of Americans, the question of the day is, ‘How long will it take for the United States legislature to wake up to good science and good sense to put patients’ rights first?’ It’s a great step that the dialog in this nation is even headed in this direction. It seems that the propaganda fueled ignorance that led to a long popular prohibition campaign may at last be subsiding and more reasonable voices may now be at the forefront.
Article cited: http://www.thedenverchannel.com/news/30392586/detail.html
