
	by Katrina vanden Heuvel
	November 20, 2012
	
	from
	
	WashingtonPost Website
 
	
	 
	
	
	With his final election behind him, and the final attack ads safely off the 
	air, President Obama now returns to his regularly scheduled programming - 
	governing. 
	
	 
	
	Yet, the chatter about his second term agenda, 
	from deficit reduction to immigration reform, ignores one critical issue: 
	ending our nation’s inhumane, irrational - and ineffective - war on drugs 
	(below insert).
	
	 
	
	
	
	Source
	
	 
	
	 
	
	Since its
	
	launch in 1971, when President Nixon successfully branded drug addicts 
	as criminals, the war on drugs has resulted in 45 million arrests and 
	destroyed countless families. 
	
	 
	
	The result of this trillion dollar
	
	crusade? Americans aren’t drug free - we’re just
	
	the world’s most incarcerated population. 
	
	 
	
	We make China look like 
	Woodstock. We’re also, according to the old definition, insane; despite 
	overwhelming evidence of its failure, our elected officials steadfastly 
	refuse to change course.
	
	 
	
					
						
						But on November 6, citizens 
						in
						
						Colorado and
						
						Washington became the first to approve ballot 
						initiatives legalizing the recreational use of 
						marijuana. Their success illustrates growing tolerance 
						and, indeed, support for a smarter approach that could 
						change, and even save, countless lives. 
		 
		
		Now, the question is how the
		
		federal government will respond to these new state laws, since they 
		directly conflict with existing federal restrictions on drugs. 
		Recreational use might be legal in the eyes of Colorado and Washington, 
		but Uncle Sam can still put the boot down. 
		 
		
		President Obama has a choice. He could 
		direct the Department of Justice (DOJ) to crack down and prevent the two 
		states from moving forward. Or he could finally, fully embrace sensible 
		drug laws.
		 
		
		There are reasons to be encouraged. During 
		the 2008 campaign, Obama pledged to
		
		leave state medical marijuana laws alone. He seemed to sympathize 
		with the
		
		African American and
		
		Latino communities, disproportionate casualties of the drug war. 
		Surely, Obama knew that one chance run-in between his youthful “choom 
		gang” and the police years ago would have deprived him of the office 
		he holds today. 
		 
		
		In October 2009,
		
		the DOJ declared that the federal government would not prosecute 
		individuals, including distributors and cultivators, found in possession 
		of marijuana, as long as they were complying with state medical 
		marijuana laws.
		 
		
		The following year, President Obama signed
		
		the Fair Sentencing Act, which dropped the five-year mandatory 
		minimum sentencing for simple possession of crack cocaine. The law also 
		reduced the unjust disparity in federal sentencing for crack and powder 
		cocaine.
		 
		
		But in October 2011, the DOJ
		
		began large-scale raids on medical marijuana cultivators and 
		distributors, state law be damned. Federal authorities have since 
		raided and shut down 600 dispensaries in California alone. A fine 
		use of law enforcement resources in these austere times.
		 
		
		Enough is enough. The president should 
		instruct the DOJ to de-prioritize marijuana-related cases in states that 
		allow for medical marijuana, and to allow Colorado and Washington to 
		move ahead with implementation of their new laws. He should ensure that 
		federal appointees dealing with the issue, including U.S. Attorneys, are 
		fair-minded. 
				 
	
	 
	
	And he should take the fight to Congress, where 
	members of both parties might be able to find common ground. Obama can lead 
	across party lines by seeking out libertarian members of the GOP to join him 
	in crafting better drug policies.
	 
	
	In fact, in May, Democratic Reps. Sam Farr 
	(Calif.) and Maurice Hinchey (N.Y.) joined with Republican Dana Rohrabacher 
	(Calif.) on a
	
	bill that would have cut federal funding for the Justice Department’s 
	marijuana busts. 
	
	 
	
	And Senator Rand Paul recently indicated he might work with 
	Democrat Pat Leahy to
	
	eliminate mandatory minimum sentences for marijuana possession.
	 
	
	Meanwhile, if left free of federal intrusion, 
	Colorado and Washington might become a model for legalizing and taxing 
	marijuana.
	 
	
	If successful, the experiment could yield 
	millions in tax revenues and drastically decrease incarceration rates, while 
	giving members of Congress more incentive to change federal law. It could 
	even help improve U.S. relations with Latin America, and help demilitarize 
	our hemispheric policies with our closest neighbors, particularly Mexico.
	
	 
	
					
						
						If Congress fails and, four 
						years from now, a new president instructs the DOJ to 
						crack down again, any such reforms would be at risk. But 
						if Colorado and Washington show positive results, the 
						public, which already believes
						
						the drug war has failed, might support wider 
						implementation, and perhaps force a federal solution.
						
		 
		
		To be sure, Colorado and Washington are not 
		the final battlefields of the war on drugs. 
		 
		
		Marijuana is not the sole drug behind our 
		astounding incarceration rate for nonviolent drug-related crimes. We’re 
		a long way from a just system that addresses drug use with treatment 
		rather than punishment. Still, we might be one step closer to ending our 
		failed attempt at marijuana prohibition, much as, in 1933, public 
		opinion finally brought an end to alcohol prohibition. 
		 
		
		In the first proclamation of Thanksgiving, 
		President Lincoln
		
		acknowledged the many gifts bestowed by a god who, 
		
			
			“while dealing with us in anger for our 
			sins, hath nevertheless remembered mercy.” 
		
		
		This holiday, as President Obama pardons the 
		traditional turkey, let’s hope he also considers the millions of 
		Americans trapped in a cruel, senseless system. 
		 
		
		May he heed Lincoln’s words and offer them 
		forgiveness and, above all, hope.