CBS 2 School

A recent decision by the federal government about the enforcement of drug laws provides a very clear glimpse into some abstract concepts in American Government.

Federalism
Under the Constitution, the national government and state governments have overlapping powers.  In the case of anti-drug laws, the national government has long enforced the Controlled Substances Act that prohibits the sale and distribution of certain drugs (including marijuana) across state lines.

But what happens when that national law conflicts with a state law allowing the use of marijuana for medical purposes?

The Supreme Court answered that question in the 2005 case Gonzales v. Raich when it said the national government’s power to prohibit the interstate distribution of marijuana allowed federal agents to crack down on marijuana purchases and possession even in states that had legalized medical marijuana.

Direct democracy
Thirteen states have legalized the purchase and use of medical marijuana.  Most of these states have passed this policy through the use of ballot initiatives and referenda.  

While some policy makers question the science behind medical marijuana, voters in California, Alaska, Colorado, Maine, Michigan, Montana, Nevada, Oregon and Washington have approved medical marijuana measures by upwards of 65% majorities.

Chief Executive
The Constitution directs the President to act as Chief Executive in order to carry out the laws passed by Congress.

The Federal Justice Department has a long track record of enforcing the Controlled Substances Act, and the USSC has said the feds can enforce this law even in medical marijuana states.

But the Justice Department recently announced its prosecutors will no longer be bringing federal charges against those who purchase or sell medical marijuana in states where it is legal.

President Obama, like any president, has the authority of the chief executive.  This allows him to direct the resources of the federal government in the areas he prefers.  

As he campaigned for President, Obama said he would respect the rights of states that had legalized medical marijuana.   He is now using his authority as chief executive to fulfill this campaign promise that frees medical marijuana states from federal intrusion.