The New York Times Kirk Johnson has a sneaky piece on the difficulties state and local governments could have in prosecuting marijuana growth, sales and possession now that the Obama Justice Dept. says they won’t prosecute the distribution of medical marijuana, which is legal in 18 states. Sneaky because even though attorney general Eric Holder has just focused on medical marijuana, Johnson suggests that the cat is out the bag: How can state and local governments now prosecute those who grow marijuana if the growers can just say they’re growing it on behalf of legally approved medical services? The end of the piece then notes the pragmatic argument for legalization of all marijuana: it will generate tax revenues and lessen prison overcrowding, two things states could really use in the recession.

I don’t think Washington, states or local governments are near the point where they will consider the end of marijuana prosecutions. But Johnson reports on a pretty amazing alternative being considered in Oregon:

“The fact that the feds are backing off is going to allow changes that are going to make it more accessible,” said Bill Morrisette, a state senator in Oregon and chairman of a committee that oversees the state’s medical marijuana law. Mr. Morrisette said he expected a flurry of proposals in the Legislature, including a plan already floated to have the state grow the marijuana crop itself, perhaps on the grounds of the State Penitentiary in Salem.

“It would be very secure,” he said.

Government-grown marijuana! That sounds wild and crazy. However, when taken to its logical extent, it would actually preserve the status quo of continuing to prosecute non-medical marijuana. Federal and state law enforcement officers could return to going after all marijuana growers, because they would know that only the government was growing it for legal purposes. Most people who insist on continuing to prosecute marijuana will probably not love the idea of government-grown herb. But its one of the few plausible ways to continue the bright-line separation between marijuana for medical use and marijuana for recreational enjoyment.

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