Senate and Department of Justice Discuss Marijuana

Legalization

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By Michael Komorn

(Updated from: Senate Hearing on Marijuana Scheduled for Today)

Senate Judiciary Committee Chair Patrick Leahy grilled James Cole, Deputy Attorney at the Department of Justice about such topics as whether the federal government would still seize the property of people who retail pot, can people who sell pot register their income for tax purposes, and can banks lend start-up capital to pot enterprises? Cole responded that his department was more concerned with dispensaries that work with drug cartels; dispensaries that export cannabis to states where it is still illegal; keeping stoned drivers off the streets; and keeping cannabis off of public lands and out of the hands of children.

Though Cole would not comment on whether his department would arrest someone for simply smoking marijuana, he did say that his department does not have the resources to go after such low level activities.

Some in attendance feared that legalization would lead to “Big Marijuana,” a long time fear of patients who currently use medical marijuana. Ironically, Medical Marijuana patients have historically opposed the legalization movement, namely out of fear that the marijuana industry will resemble Big Pharma, which sets exorbitant prices for their drugs. With the Obama administration continuing the Bush Policies of cracking down on medical marijuana dispensaries, caregivers, and even patients, the fear of arrest and prosecution may outweigh the fear of legalization leading to “Big Marijuana.”

Though it is unlikely that we will see legalization, or any real policy come into effect after this hearing, the fact that it was held, the discussion was had and questions were raised, is a good sign for marijuana advocates across the nation.

Michael Komorn-Criminal Defense Attorney

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