We should probably define terms some. I think "legalization" means establishing a legal framework people to use/buy/sell weed without any legal implications. "Decriminalization' means removing criminal penalties, but still not establishing a system where people are allowed to do it. For example, Nebraska "decriminalized" possession under an ounce of flower back in the late 80s. That meant people wouldn't go to prison for low-level possession, but would still pay a $300 ticket if they were caught. It was more about criminal justice and not stupidly spending millions of dollars to incarcerate people who were no risk to society. But it is still against the law.
As far as the Feds, there are several things they could do to help:
- Change the federal employment drug testing guidelines. Many companies in legalized states still use these guidelines as the basis for their drug testing regime, even for employees who are terminally ill.
- I believe Reagan prohibited federal dollars from being used in testing the medical benefits of marijuana. If that policy is still in place, it should be removed. Thats less legalization or decriminalization, but rather
- Congress could establish a legal framework for handling finances for mj sales in states where it is legal. That would be huge for reducing crimes around pot shops who are forced to operate in cash. (I did hear that pot stores here in WA could accept debit cards. Not sure if that was from federal action or some local stopgap.)
I agree that the Feds could not force the legalization of pot nationwide, just like they can't force the legalization of alcohol nationwide. (Hello, fucked up county in Amarillo.) But there many different aspects to the issue that they could establish a legal framework for (legalization), including the federal drug laws that pertain to it.