Two Thirds of Americans Want Congress to Exempt States from Federal Marijuana Enforcement

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Dispatches from the Highlands

Marijuana news from contributing authors and staff writers on the latest in marijuana and medical marijuana

December 11, 2016
Denver, CO

A new study shows that an overwhelming majority of Americans want the federal government to stay out of state-level affairs associated with changes in marijuana law.

According to The Washington Post, that is one of the conclusions of a survey on legal marijuana recently commissioned by Third Way:

The survey found Americans split on the question of full legalization, with 50 percent supporting versus 47 percent opposed. However, the poll did find that six in ten respondents said that states, not the federal government, should decide whether to make marijuana legal. Moreover, 67 percent of Americans said Congress should go further and specifically carve out an exemption to federal marijuana laws for states that legalize, so long as they have a strong regulatory system in place.

How this would work for marijuana is detailed in an exhaustive forthcoming study in the UCLA Law Review. In short, Congress could allow states to opt out of the Controlled Substances Act provisions relating to marijuana, provided they comply with regulatory guidelines issued by the Department of Justice.

This is already the de-facto federal policy toward Colorado, Washington, Alaska, and Oregon, although it cannot become a formal policy without an act of Congress. Third Way heartily endorses this approach, as it represents a “third way” between the current policy of outright prohibition, and the full legalization route favored by marijuana reform activists.

It is time for Congress to get out of the way and let states determine what marijuana policies work best for them.

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