by
Robert King
Rep.
Joe Kennedy III on Tuesday called for the federal government to
legalize marijuana because a hodgepodge of state rules have created a
“badly broken” policy.
Kennedy, D-Mass., wrote in a STAT op-ed states' choices to legalize the drug, which remains prohibited at the federal level, have spurred an untenable system.
“One thing is clear to me: Our federal policy on marijuana is badly broken, benefiting neither the elderly man suffering from cancer whom marijuana may help nor the young woman prone to substance use disorder whom it may harm,” he wrote. “The patchwork of inconsistent state laws compounds the dysfunction.”
Kennedy, D-Mass., wrote in a STAT op-ed states' choices to legalize the drug, which remains prohibited at the federal level, have spurred an untenable system.
“One thing is clear to me: Our federal policy on marijuana is badly broken, benefiting neither the elderly man suffering from cancer whom marijuana may help nor the young woman prone to substance use disorder whom it may harm,” he wrote. “The patchwork of inconsistent state laws compounds the dysfunction.”
Kennedy, a member of the House Energy & Commerce
Committee, with jurisdiction over healthcare, represents a state that
recently voted to legalize marijuana. Currently the Drug Enforcement
Administration classifies marijuana in the same category as other drugs,
including heroin and cocaine.
“Given the FDA’s recent approval of prescriptions derived from marijuana, other countries’ recognition of its legitimate medicinal uses, and lower rates of addiction than alcohol or nicotine, this classification is hard to justify,” Kennedy wrote.
Ten states that have legalized recreational marijuana use and 33 states have legalized medical marijuana, according to Business Insider. Those conflicts with federal law have created a swath of problems, Kennedy wrote.
“Banks fear a crackdown on transactions with marijuana suppliers and dispensaries because they are still illegal under federal law, leaving the state-law-abiding businesses no choice but to operate with cash-only transactions,” Kennedy said.
The federal government cannot currently place guardrails for the use of marijuana like it has with tobacco and alcohol, Kennedy added.
Kennedy, a former prosecutor, also noted a disparity in the criminal justice system where “skin color dictates how likely you are to be arrested and charged for marijuana possession.”
It remains how much political momentum there is in Congress to move marijuana legalization legislation. In the next Congress Republicans — generally opposed to such a move — are likely to hold a 53-47 majority. Some Republicans do favor pot reform, including Sen. Rand Paul, Ky. But any legalization bill would require 60 votes to get past a Senate filibuster.
And many other Republicans are wary of legalizing the drug.
Sen. James Lankford, R-Okla., opposed the state’s effort to pass medical marijuana, saying it would be “harmful to the social fabric of Oklahoma,” according to a report in the Tulsa World.
Even in the House, soon to be under Democratic control, the issue remains politically fraught.
It could provide an opening to portray party members as favoring hedonistic and libertine social policies at the expense of public safety. Party leaders have not emphasized it as part of the Democratic agenda.
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