July 2012 Archives

A question of fundamental logic

In May of this year Congressman Sam Farr partnered with two other House Representatives, Dana Rohrabacher, R-Costa Mesa and Maurice Hinchey, D-New York, to introduce HR 5326 which cuts off funding to that portion of federal law enforcement which targets legalized medical marijuana use.  Currently, the states affected are California, Colorado, Delaware, District of Columbia, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. 


What a fascinating approach to law enforcement!  Growing, selling or otherwise dispensing marijuana remains illegal in the United States.  One wonders who gets to oversee those cannabis retailers who might sell to persons without a medical prescription?  


Most people are aware Medical Marijuana, commonly referred to as "pot", is being dispensed, in accordance to a doctor's prescription, through a local Cannabis store. I hasten to add these sales are limited to those cities which are willing to license these shops.  Recently Monterey and Gilroy objected to this particular business use because it was assumed Federal law superseded State law.  It would appear this proposed legislation does nothing to resolve this issue because it is unclear which police authority audits or otherwise insures the sales made are within the law.


So why not eliminate all this confusion and make Marijuana legal?  Better yet, why not require medical "pot" be sold in the local drug store?  Opium derivatives such as Morphine are far more addictive than "pot"; never-the-less, we take little notice of the fact our local drug store is allowed to dispense these dangerous drugs when prescribed by a physician.


Those in favor of medical marijuana argue that it provides actual and demonstrable medical relief to certain cancer patients.  Cigarettes, on the other hand, are proven to be harmful to one's health and yet they are entirely legal and can be purchased anywhere in the country.  Marijuana plants and the infamous "opium poppy" are both under scrutiny of the Drug enforcement agency, and indiscriminate farming of these plants is illegal in the U.S.  It is interesting to note opium derivatives, by prescription, are exempt from sales tax; whereas, sales of "pot" and cigarettes are not.


Cigarette taxes provides $-millions in tax revenue; accordingly, we might conclude the legalization of pot and subsequent sales through a cannabis store - rather than the drug store - is allowed because of its tax revenue potential and medical considerations provide the vehicle to get there.


It is time for our legislators to clean up this mess.  If Marijuana provides actual medical relief to suffering patients, and a physician provides a prescription for its use, then it should be tax exempt and dispensed through a local drug store.  Cannabis clubs should not be necessary.  This is common sense! 


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