Barry Grissom: We need options on marijuana use

At a hearing last week, the Kansas House considered House Bill 2152 to permit qualified patients to access marijuana or extracts containing CBD and low levels of THC. The measure was well-received by lawmakers. While HB 2152 does not legalize medical marijuana outright, it is an important first step in the process of revisiting and revising Kansas’ marijuana laws. However, some from the Kansas law enforcement community offered testimony in opposition to the bill. As a former federal prosecutor, I have nothing but the highest regard and respect for my former law enforcement colleagues.

But as to this issue, they are wrong and their well-intentioned efforts are misguided.

My friends assert that federal law pre-empts states’ rights, as marijuana/cannabis is a Schedule 1 drug on the federal government’s Controlled Substance Act, and as such is beyond the authority of any individual state to make its own laws as to how it will treat or regulate marijuana use. While their legal arguments may have merit, the reality of how the federal government is treating states that have elected to legalize marijuana use, either through popular referendum or legislation, demonstrates a different approach.

Presently, marijuana use, either for recreational or medical purposes, is allowed in 28 states and the District of Columbia. As such, the Department of Justice wisely adopted this position: As long as a state can take the necessary steps to regulate the manufacture and sale of marijuana, has provisions that keep it from being sold to minors and can ensure that the manufacturing and selling is a legitimate business not associated with criminal elements, the DOJ will not take steps to enforce the law against the will of the people of that state.

If these safeguards cannot be maintained by the state, then the DOJ will take enforcement measures.

This is nothing new, as these very practical and straightforward provisions are nearly identical to what each state already does to regulate the manufacture and sale of alcohol.

The proposed legislation does not provide for recreational use like Colorado, Oregon, Nevada, Alaska, Massachusetts, Maine or Washington, but seeks to give patients and their physicians the option of offering marijuana or extracts for issues related to various maladies, like pain management, as opposed to opioids or other prescription drugs that often have side effects and can be addictive.

This medical option can be a savings to taxpayers as well. Not only will the manufacture and sale of marijuana become new sources of tax revenue, but the University of Georgia recently completed a study in the scientific journal Health Affairs of all the states where medical marijuana was available in 2013, and it determined that this option saved the federal government over $165.2 million dollars as opposed to standard medication. The study asserted, “Generally, we found that when a medical marijuana law went into effect, prescribing for FDA-approved prescription drugs under Medicare Part D fell substantially.”

It’s time to give Kansans this option.

Barry Grissom served as U.S. Attorney for the District of Kansas from 2010 to 2016.