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Recently the U.S. Attorneys in California in a press conference outlined how the administration is reversing its position on medical marijuana dispensaries and growers. Despite Obama’s campaign promises, and a Department of Justice directive in 09’ against the prosecution of individuals who are in compliance with state medical marijuana laws.

The U.S. Attorneys are going to give dispensaries forty-five days to comply, and shutdown. They are also targeting the landlords of dispensaries threatening them with property forfeiture. Also the IRS is attempting to collect back taxes from dispensaries citing that dispensaries cannot write-off expenses because they are illegal businesses.

In California state law requires dispensaries to operate on a not for profit basis. The federal government is arguing that all store front dispensaries operating in California are exclusively for profit businesses.

The key here is at its core medical marijuana should be considered a case of the federal government ignoring the 10^th Amendment, which states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” It embraces State Sovereignty, or the right that States have independent power from the federal government and therefore have the right to pass and implement any laws it deems fit. In 1996 the people of California passed the legislation that made medical marijuana legal. The federal government would cite that it has the right to override state laws because it is an issue of interstate commerce. This is a clause in the Constitution which gives Congress the right to regulate trade “among the several states.”

As a States rights issue the Supreme courts decision that federal law supercedes state law in regards to medical marijuana sets a dangerous precedent that the government could impose the interstate commerce clause in many more situations than medical marijuana thereby ignoring the 10^th amendment even further if states have passed laws in contention with federal laws on the subject.

More importantly a crackdown on medical marijuana in California demonstrates the danger inherent in federal government imposition of its power on states where clearly the crackdown will lead directly to patients at risk. If patients are not provided with a safe environment to obtain their medicine they will be forced into the hands of a black market, or face dealing with their illness with no alternative. This could lead to the end of many patient’s fights; as medical marijuana is in fact a powerful weapon in dealing with complications from toxic radiation and chemotherapy, as well the only alternative in pain management for those who wish not to use powerful opium based pharmaceuticals.

This is a prime example of the need for the Congress to protect the people from ruinous federal government imposition, and to uphold the 10^th amendment. Where in this case the imposition of, will lead to less freedom for citizens and states rights. Also a case in which the blatant actions of the executive branch will lead to the effects that the legislation was put in place to stop or avoid.

As patients havens disappear a newer stronger black market will fill the void for the demand won’t disappear for patients whose fights depend on medical marijuana to live. And insidious elements will grow in power, and this could also put all Americans in danger.

The sudden shift instance by the administration will lead to a long list of consequences for medical marijuana patients and needs to be stopped. Urge your members of congress to support an end to the prohibition of cannabis and a rescheduling of cannabis. When the federal government imposes it’s will against the wishes of the people and it’s States we all lose.