Marijuana Conundrum: Contradictions Between States And the Feds

The Washington State Legislature recently decided once again NOT to consider the possibility of its residents growing marijuana at home for private recreational use. So it's legal but it's sort of not, just like at the federal level where it's illegal but it's sort of not. Huh?

Question: Could We Have A More Ridiculous Approach To Marijuana in America?

Let's start with the facts. Is Marijuana Illegal? The Justice Department says YES.

Yes, marijuana is illegal. Marijuana is a Schedule I substance under the Controlled Substances Act. Schedule I drugs, which include heroin and LSD, have a high potential for abuse and serve no legitimate medical purpose in the United States.

How can that be? Washington, Oregon, California, Colorado, and 20 other states, half the country have legalized recreational marijuana, right?

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Right...to a point. A website called covercannabis-dot-com splashes a little cold, wet, justice department backup, reality on the subject.

It is important to note that even though marijuana may be legal in some states, it is still illegal under federal law. Possessing, growing, transporting, and distributing marijuana is a federal felony. Individual laws that have legalized marijuana for recreational or medical use have challenged the federal government, creating a contradiction between the rights of states to create their own regulations and the federal government’s power.

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To Bust Or Not To Bust, THAT Is The Open Ended Question

In other words, if your state has legalized marijuana and you are getting away with a robust drug trade, it's only because the feds have chosen not to pursue and prosecute.

Former Attorney General under President Trump, Bill Barr, said the Department of Justice would not prosecute marijuana users, cultivators, or businesses in states that have legalized cannabis. The focus would be on:

preventing the distribution of marijuana to minors, stopping interstate trafficking, stopping drug money from funding gangs and criminal enterprises, preventing drugged driving, and a few other priorities.

Is It All About The Benjamins?

In Washington, both wine and beer are legal to make at home within noncommercial guidelines. Weed is legal too. So why can't private citizens grow their own? Cue up some more insanity, but perhaps it's better spelled in$anity. The Tax Foundation computes that states collected nearly $3 billion in marijuana revenues in 2022 and they project Nationwide legalization could generate $8.5 billion annually for all states.

Washington State collected a total of $468.5 million in legal marijuana income and license fees in fiscal year 2023, including $4.0 million in cannabis license fees. As of now, to protect nearly half a billion, growing marijuana for personal use without a state medical card is a Class C felony, carrying up to five years in prison and up to $10,000 in fines.

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Under Washington State Law You Need A Prescription For Homegrown Pot

In order to be exempted from being charged with a crime, you must <b>obtain a written recommendation from a physician, register with the state, and obtain registry identification</b> you may designate a primary caregiver to help you grow up to 15 marijuana plants.

Even More Insanity In the National Marijuana Matrix

Because of the federal and state law differences, banks have been reluctant to work with the industry. Banks cannot accept funds from marijuana businesses for fear of criminal liability for "aiding and abetting" a federal crime and money laundering. No credit card accounts and no merchant accounts are permitted.

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What Are The Takeaways?

Marijuana is illegal but it's not.
The Feds are in charge, but they refuse to act.
Marijuana has no medicinal value, but it does.
We don't know how much medical value it has because as a dangerous Schedule I drug, research guidelines are strict.
Marijuana generates big bucks, but banks won't touch it.
Marijuana is harmless, yet 3x more powerful and still classified with heroin.
You have to use it at home, but you can't grow it at home.

So with that, I'll close as I began. Could We Have A More Ridiculous Approach To Marijuana in America?

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