Is the Drug Czar Mandated to Lie?

With many states moving toward legalizing medical marijuana, most would feel that seeking the advice from the White House's senior advisor on drug policy might be the perfect resource. But is it? According to a story on DrugWarRant.com by Pete Guither, Congress has tied the hands of the White House Office of National Drug Control Policy (ONDCP) and its Director Gil Kerlikowske, the Drug Czar." As Drug Czar, Director Kerlikowske is an advocate for the government position regarding the drug war. 

However, according to Title VII Office of National Drug Control Policy Reauthorization Act of 1998: H11225:

Responsibilities. –The Director– [...]

(12) shall ensure that no Federal funds appropriated to the Office of National Drug Control Policy shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812) and take such actions as necessary to oppose any attempt to legalize the use of a substance (in any form) that–

A. is listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812); and
B. has not been approved for use for medical purposes by the Food and Drug Administration;

In the case of medical marijuana, if the government finds that marijuana has “currently accepted medical use in treatment in the United States” or “accepted safety for use of the drug under medical supervision,” then by law, marijuana cannot remain in Schedule 1 of the Controlled Substances Act, which would immediately legalize it for medical purposes.

But by law, the drug czar must oppose any attempt to legalize the use (in any form).

Therefore Guither contends, "despite the fact that there is extensive evidence of medical marijuana’s safety and effectiveness (including the fact that even the federal government supplies it to patients), and clearly the drug czar would know about all this information, he is required by law to lie about it."

In 2003, Congressman Ron Paul requested the United States General Accounting Office (GAO) investigate ONDCP lobbying activities and their dissemination of “misleading information.” The GAO responded with the following:

Finally, apart from considerations of whether any particular law has been violated, you have asked whether the Deputy Director’s letter disseminated misleading information in connection with statements relating to the debate over legalization of marijuana. [...]

ONDCP is specifically charged with the responsibility for “taking such actions as necessary to oppose any attempt to legalize the use” of certain controlled substances such as marijuana —- a responsibility which logically could include the making of advocacy statements in opposition to legalization efforts. The Deputy Director’s statements about marijuana are thus within the statutory role assigned to ONDCP. Given this role, we do not see a need to examine the accuracy of the Deputy Director’s individual statements in detail.

Guither translates this statement as: Since lying is in the job description of the ONDCP, there’s no point in bothering to see whether they’re telling the truth.

Ref:

GAO Response to the Honorable Ron Paul http://www.gao.gov/decisions/other/301022.pdf Accessed December 4, 2009

National Alliance for Model State Drug Laws. http://www.namsdl.org/about.htm. Accessed December 4, 2009.

Office of National Drug Control Policy. http://www.whitehousedrugpolicy.gov/about/director.html. Accessed December 4, 2009.

Drug War Rant. the Drug Czar is Required by Law to Lie. http://www.drugwarrant.com/articles/drug-czar-required/. Accessed December 4, 2009.

For further information on these topics, refer to our Point/Counterpoint discussion board. There we will address both issues: 1) Should the FDA legalize medical marijuana for medical purposes and 2) Should the DEA reclassify marijuana? Go to Point/Counterpoint