Legalize” Must make an activity lawful doesnt allow discretion to prohibit


CSA waivers don’t legalize – marijuana still presumptively prohibited nationwide



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CSA waivers don’t legalize – marijuana still presumptively prohibited nationwide

Grabarsky, 13 Todd, Law Clerk, United States Court, Northern District of California. J.D., Benjamin N. Cardozo School of Law, 2012; B.A., University of Pennsylvania, “CONFLICTING FEDERAL AND STATE MEDICAL MARIJUANA POLICIES: ¶ A THREAT TO COOPERATIVE FEDERALISM,” Vitz

B. A Congressional Exemption for Medical Marijuana in Compliance with State Law Because it appears that the federal executive could not viably preserve the federalism balance, this Article turns to Congress. This Article proposes that Congress act to reconcile the state-federal conflict of laws regarding medical marijuana by creating an exemption from the CSA for medical marijuana usage and distribution in compliance with approved state laws and regulatory schemes. At the most, Congress could amend the CSA to expressly provide the exemption, or, at the very least, pass an act prohibiting the Executive from enforcing the CSA's medical marijuana proscription in states that permit it. Such an exemption would allow states to proceed with their medical marijuana programs while at the same time keeping the drug illegal at the federal level. The result would be that medical marijuana would be presumptively prohibited nationwide, except in states that takeaffirmative legislative and administrative steps (as some have already done) to legalize it. It is extremely important to note that this proposal does not call for a federal exemption to the CSA for medical marijuana. On one hand, in states like California that elect to legalize medical marijuana, the proposed exemption would allow those states' legislation and regulation to operate unimpeded by federal disruption. This will also allow these states to work with the federal authorities in focusing on the state-federal unity of interests in drug enforcement; for example California state agents will still be able and encouraged to work with their federal counterparts to curb the distribution and possession of drugs that remain illegal on both the federal and state level. On the other hand, in states that wish to keep medical marijuana prohibited, state authorities will continue to cooperate with the federal government to execute the CSA and its state law counterpart.

Probabalism and effects – plan facially removes zero prohibitions, every state could say no to the conditions, only two states have legalized so even if they said yes plan would only waive CSA for two states in the short term – crushes neg ground – destroys time sensitive disads, state specific legalization disads – unlimits – any policy could eventually result in legalization – including the status quo, or legalizing OTHER DRUGS

 

Ground – fiating removal of prohibition on nearly all marijuana activities is the CORE locus of negative ground on the topic – uniquely key because theres no stable actor and legalization already allows tons of flexibility in regulatory regime



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