On March 9, Gov. Martin O’Malleysaid he is acceptable to veto a medical marijuana law if the Maryland Accepted Assembly passes one. His backer said he is anxious about a Feb. 9, 2012 letter from Charles Oberly, Delaware’s U.S. attorney, to Gov. Jack Markell, aggressive to arraign Delaware admiral as accepted biologic traffickers if they backpack out their state’s medical marijuana law.
Governor O’Malley should attending anxiously at this letter. After account the law and allegory the letter, I accept Mr. Oberly dishonestly manipulated Governor Markell by aggressive prosecutions he is banned to accompany in adjustment to block a accurate accompaniment law he doesn’t like.
First, the federal biologic law absolutely immunizes accompaniment admiral from case for conduct while administration any accompaniment biologic law. Second, clashing the federal accusation adjoin Arizona over immigration, no U.S. attorney, Mr. Oberly included, has anytime challenged any state’s medical marijuana law in court. So there is no administrative or approved ascendancy for these threats. Mr. Oberly’s letter does not accredit to any statute, any cloister cardinal or any built-in accouterment arduous the Delaware law. Very simply, Mr. Oberly gambled his abandoned blackmail would alarm Mr. Markell, and it worked.
Mr. O’Malley may be beneath the apparition that a accompaniment can’t address an able medical marijuana law. In fact, no accouterment of the federal biologic law indicates an absorbed of Congress to exclude the states from casual laws on marijuana or added drugs except if “there is a absolute battle amid … [the Controlled Substances Act] and that Accompaniment law so that the two cannot consistently angle together.” This agency the federal biologic law acknowledges states accept the ability to address their own marijuana laws, and they can alter from federal law. If Mr. Oberly thinks he can actuate a federal cloister to invalidate the Delaware medical marijuana law for actuality in “positive conflict” with federal law, he should do so. But no U.S. advocate has anytime approved such a case in any of the 16 medical marijuana states.
Mr. O’Malley should be acquainted that the botheration is not that the accepted assemblies of Delaware and Maryland are in crisis of beyond their admiral or compromising accompaniment employees. The botheration is that an appointed federal official has aished the ascendancy of his able appointment to dishonestly dispense a accompaniment into not afterward its own laws. That violates the Constitution. Article IV, Section 4 provides that “the United States shall agreement to every Accompaniment in the Union a Republican Anatomy of Government.” Mr. Oberly fabricated accurately bottomless threats in adjustment to attenuate Delaware’s “republican anatomy of government.” He abandoned the Constitution in adjustment to block Delaware from attention medical patients whose doctors acclaim marijuana.
The browbeating of Governor Markell, and now possibly Governor O’Malley, through a barefaced about a case that is absolutely barred by the federal biologic law is abandoned delinquency that should be advised by the Appointment of Professional Responsibility of the Department of Justice.
Delaware was the aboriginal accompaniment to accredit the U.S. Constitution in 1787. I achievement that Delaware and Maryland abide this aberrant corruption of federal ability — an corruption the framers hoped the Constitution would prevent.
The Delaware and Maryland legislatures admit that their doctors appetite to acclaim marijuana to their citizens. In fact, a annex of the federal government recognizes doctors’ prescriptions of marijuana and has been accouterment hundreds of marijuana cigarettes every ages to patients back May 16, 1978. Doctors apperceive that marijuana is a abundant accessory to chemotherapy for cancer. Marijuana helps ascendancy the abhorrent affection of assorted sclerosis. And abounding veterans apperceive it helps ascendancy the all-overs of combat-inducedpost-traumatic accent disorder.
The governors should heed the apropos of their citizens disturbing with absolute diseases and absolute pain, not audibly artificial threats.
Eric E. Sterling, admiral of the nonprofit Criminal Justice Policy Foundation in Silver Spring, lectures to bar associations about marijuana laws. He was admonition to the U.S. House Judiciary Committee from 1979 to 1989, area he formed on medical marijuana legislation, amid abounding issues.
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