Despite the groundswell of support for legalized marijuana in California and elsewhere, the US Department of Justice says that the Federal government will continue to prosecute marijuana laws regardless of local state laws for legalization.

Note that this is merely a clarification of pre-existing policy.  California has had legalized medical marijuana for some time and Federal agents have routinely shut down licensed medical marijuana growers and dispensaries despite the local laws.

See http://www.nytimes.com/2010/10/16/us/16pot.html for the latest clarification.

Now, while I tend to support the concept that Federal law takes precedence in most cases, I also support legalization – not just decriminalization of marijuana and certainly nothing like “don’t ask don’t tell” which is silly and unenforceable.  My druthers would be that marijuana would become legal but controlled at the Federal level on a par with the way that tobacco and alcohol are legal but controlled substances.  The vast harm to society caused by marijuana as an illegal substance is most closely related to it being an illegal substance rather than to the drug itself.  Even for those who smoke it, the carcinogens are lower than tobacco which has added addictive substances.  The underground economy of marijuana would of necessity change with legalization, sure, and there are folks who don’t want that to happen but in the long haul the advantages to the State and to individual users (of an age of majority) are better protected while tax dollars are recouped.

It seems odd that something like this is transforming into a states rights issue in the way that gay marriage become such an issue.

– Brian