Tag: Marijuana

Sheriffs Talk Tough on Second Amendment (Unnecessarily)

A number of sheriffs around the country (Oregon, Kentucky, Missouri, Wyoming, New Mexico, Utah) have said they will refuse to enforce federal restrictions on private gun ownership that they find to be in conflict with the Constitution.

It seems like a bold threat, but it really isn’t. State and local law enforcement officials simply don’t have to enforce federal laws that they don’t want to enforce. That fact is not controversial. It is, however, a persistent issue in the federal versus state struggle over the marijuana legalization initiatives in Colorado and Washington. Those states have simply chosen to stop assisting the federal government. It may complicate the feds’ ability to enforce those laws, but it’s just not as confrontational an approach as media reports have suggested.

Robert Mikos discussed this in his new paper with respect to marijuana laws, but the principles related to how states and federal powers interact is one that holds significant implications for the right to keep arms and the President’s health care law.

Mikos and I discussed the marijuana initiatives for a Cato Daily Podcast. You can also watch the forum.

Tim Lynch and I also discussed gun restrictions and federalism in a Cato E-Briefing last week.

Obama, Barbara Walters, and Marijuana Users

In an interview with Barbara Walters, President Obama was finally asked about the dramatic legal changes underway in Colorado and Washington–the legalization of marijuana for adults under state law.  The President said that the federal government has “higher priorities” than arresting marijuana users.   At first glance, that may seem like a good answer for those supportive of drug policy reform, but it is not.

Here’s why: Arresting marijuana users has never been a high priority of federal law enforcement.  There are about 800,000 marijuana arrests in the U.S. every year.  The feds are responsible for about 1% of those.  The feds rely on state and local police to conduct domestic drug investigations–especially users with small amounts.  The feds want to focus their resources on the big international cartels operating outside the country.  Of course, the DEA also gets involved with the larger smuggling operations inside the U.S.  In California, where marijuana is quasi-legal for users (in a de facto sense) federal prosecutors focus on the supply side–raiding, harassing, arresting.  The feds bypass  juries by using civil asset forfeiture laws against persons opening dispensaries.

Against that background, listen again to Obama: My administration has higher priorities than going after marijuana users.  Hmm.  That’s just another way of saying “nothing has changed as far as I’m concerned.”    I expect Attorney General Eric Holder to announce a legal challenge to the Colorado and Washington initiatives sometime soon.  And federal raids will begin soon also.

Cato hosted an event this week on some of the issues related to such a federal legal challenge.  Speakers included, former DEA chief, Asa Huthinson and Robert Mikos, Vanderbilt law professor and author of a new Cato study about the interplay between federal and state law with respect to marijuana.

Obama Mulling Response to State Marijuana Initiatives

From today’s New York Times:

Senior White House and Justice Department officials are considering plans for legal action against Colorado and Washington that could undermine voter-approved initiatives to legalize the recreational use of marijuana in those states, according to several people familiar with the deliberations.

Even as marijuana legalization supporters are celebrating their victories in the two states, the Obama administration has been holding high-level meetings since the election to debate the response of federal law enforcement agencies to the decriminalization efforts.

Next week Cato will host a policy forum to explore the legal doctrine of federal supremacy, state prerogatives under the Tenth Amendment, and other issues related to drug policy reform. Asa Hutchinson, former head of the DEA and Vanderbilt University law professor Robert Mikos will be making presentations. Event details are here.

Richard Branson has some thoughts here. And check out the new film, “Breaking the Taboo.”

Indiana Police Chief: Legalize Marijuana

From WFPL News:

The leader of Indiana State Police says he has no objection to legislative efforts to ease penalties for marijuana possession in the Hoosier State.

When asked about the drug in a budget committee meeting, ISP Superintendent Paul Whitesell said he’s spent some 40 years trying to enforce various marijuana laws.

“It’s here, it’s going to stay, there’s an awful lot of victimization that goes with it. If it were up to me, I do believe I would legalize it and tax it, particularly in sight of the fact that several other states have now come to that part of their legal system as well,” he said.

There is a wonderful organization called Law Enforcement Against Prohibition (LEAP) that keeps growing  and growing.

Gov. Andrew Cuomo Proposes Decriminalization of Marijuana in Public

Yesterday’s New York Times reports that Governor Cuomo will be asking the state legislature to change state law in a way that will sharply reduce the number of people who are arrested in that state each year for marijuana offenses.

Some background–Thousands and thousands of young males in New York City are stopped and frisked by the police each year.  A remarkable number of those stops are illegal at the outset because there was no real reason for the person to be briefly detained.  But once the involuntary encounter begins, an officer might direct the person to “empty your pockets!”  If the stopped person brings out a plastic bag of marijuana, he gets busted for “possession of marijuana in public.”  So the government that does a lousy job with the school system has been making matters worse by giving thousands and thousands of minority males a criminal record, making it even harder for them to establish themselves in the mainstream economy.

Drug warriors like to say “we’re not locking up marijuana users–that’s a myth.”  Some truth in that because there is no longer any room in the prison system.  Most of the marijuana prisoners are involved with the black market trade in some capacity.  Still, tens of thousands of  users do get busted and go thru the system.

 Officials in the Cuomo administration said the marijuana-possession arrests were problematic in part because they subjected New Yorkers, many of them young, to the process of being booked, retaining a lawyer and carrying the stigma of having been arrested. And they argued that the arrests were harming the relationship between the police and young people.

According to Harry Levine of Queens College, there were 400,000 low-level marijuana arrests in New York City between 2002 and 2011.  Prof. Levine presented some of his research findings at a Cato drug policy conference last year.

Mayor Bloomberg’s aggressive stop and frisk policy in New York City is an on-going scandal.  Governor Cuomo deserves credit for this move to scale it back.

Reefer Madness Here and Abroad

In the New York Times, Ethan Nadelmann takes aim at the “reefer madness” of the Obama administration, which despite promises and expectations has stepped up the war on marijuana:

But over the past year, federal authorities appear to have done everything in their power to undermine state and local regulation of medical marijuana and to create uncertainty, fear and confusion among those in the industry. The president needs to reassert himself to ensure that his original policy is implemented.

The Treasury Department has forced banks to close accounts of medical marijuana businesses operating legally under state law. The Internal Revenue Service has required dispensary owners to pay punitive taxes required of no other businesses. The Bureau of Alcohol, Tobacco, Firearms and Explosives recently ruled that state-sanctioned medical marijuana patients can not purchase firearms.

United States attorneys have also sent letters to local officials, coinciding with the adoption or implementation of state medical marijuana regulatory legislation, stressing their authority to prosecute all marijuana offenses. Prosecutors have threatened to seize the property of landlords and put them behind bars for renting to marijuana dispensaries. The United States attorney in San Diego, Laura E. Duffy, has promised to start targeting media outlets that run dispensaries’ ads.

President Obama has not publicly announced a shift in his views on medical marijuana, but his administration seems to be declaring one by fiat.

As bad as the drug war is in the United States, it’s wreaking far more havoc in Mexico and Latin America. That’s why the Cato Institute is holding an all-day conference next week, “Ending the War on Drugs,” featuring:

  • the former president of Brazil
  • the former drug czar of India
  • the former foreign minister of Mexico
  • the author of Cato’s study on decriminalization in Portugal
  • the Speaker of the House in Uruguay
  • plus video presentations by former Secretary of State George Shultz and former Mexican President Vicente Fox.

Check it out. And be there November 15.