On a Monday teleconference call, former Drug Enforcement Agency administrators and directors of the Office of National Drug Control Policy voiced a strong reminder to the U.S. Department of Justice that even if voters in Colorado, Oregon and Washington pass ballot measures to legalize marijuana use for adults and tax its sale, the legalization of marijuana still violates federal law and the passage of these measures could trigger a "Constitutional showdown."
The goal of the call was clearly to put more pressure on Attorney General Eric Holder to make a public statement in opposition to these measures. With less than 30 days before Election Day, the DOJ has yet to announce its enforcement intentions regarding the ballot measures that, if passed, could end marijuana prohibition in each state.
"Next month in Colorado, Oregon and Washington states, voters will vote on legalizing marijuana," Peter Bensinger, the moderater of the call and former administrator of the DEA during President Gerald Ford, Jimmy Carter and Ronald Reagan administrations, began the call. "Federal law, the U.S. Constitution and Supreme Court decisions say that this cannot be done because federal law preempts state law."
Bensinger added: "And there is a bigger danger that touches every one of us -- legalizing marijuana threatens public health and safety. In states that have legalized medical marijuana, drug driving arrests, accidents, and drug overdose deaths have skyrocketed. Drug treatment admissions are up and the number of teens using this gateway drug is up dramatically."
Bensinger was joined by a host of speakers including Bill Bennet and John Walters, former directors of the While House Office of National Drug Control Policy; Chief Richard Beary of the International Association of Chiefs of Police (IACP); Dr. Robert L. DuPont, founding director of the National Institute on Drug Abuse (NIDA) and who was also representing the American Society of Addiction Medicine (ASAM) and several others.
In response to the drug warriors calling out Holder again to take a strong public stance against these marijuana legalization measures, Mason Tvert, co-director of the Campaign to Regulate Marijuana Like Alcohol, the group behind Colorado's Amendment 64 said to The Huffington Post:
We believe anything claimed by participants on the call today needs to be taken with many grains of salt. These people have made a living off marijuana prohibition and the laws that keep this relatively benign substance illegal. The nation wastes billions of taxpayer dollars annually on the failed policy of marijuana prohibition and people like Bill Bennett and John Walters are among the biggest cheerleaders for wasting billions more. The call today should be taken as seriously as an event by former coal industry CEOs opposing legislation curtailing greenhouse gas emissions. They are stuck in a certain mindset and no level of evidence demonstrating the weakness of their position will change their views.
This is an election about Colorado law and whether the people of Colorado believe that we should continue wasting law enforcement resources to maintain the failed policy of marijuana prohibition. Our nation was founded upon the idea that states would be free to determine their own policies on matters not delegated to the federal government. The Controlled Substance Act itself acknowledges that Congress never intended to have the federal government fully 'occupy the field' of marijuana policy. We hope the Obama administration respects these state-based policy debates. If Amendment 64 is adopted by the people of Colorado, there will be sufficient time before any new businesses are established for state and federal officials to discuss the implications.
Today's call elaborated on a September letter that nine former DEA heads sent to Holder strongly urging him to oppose Amendment 64 in Colorado, Initiative 502 in Washington and Measure 80 in Oregon. "To continue to remain silent conveys to the American public and the global community a tacit acceptance of these dangerous initiatives," the nine said in the letter to holder obtained by Reuters.
A month before the 2010 election in California, Holder vowed to "vigorously enforce" federal marijuana laws and warned that the government would not look the other way and allow a state marijuana market to emerge. California's Proposition 19 was narrowly defeated in 2010 and the pressure is on Holder again to voice opposition to these 2012 measures.
When pressed by a reporter during a Q & A following the call if the group was at all surprised that Holder had not yet made a statement about the measures, former drug czar John Walters replied, "I think it's shocking. All you have to do is say things that this administration has already said. It would help enormously and I think it would defeat these measures."
Both Colorado and Washington's pot ballot measures are quite popular with voters, according to recent polling and have been backed by an increasingly diverse group across a range of ideological perspectives.
In Colorado, if marijuana is legalized it would be taxed and regulated similar to alcohol and tobacco. It would give state and local governments the ability to control and tax the sale of small amounts of marijuana to adults age 21 and older. According to the Associated Press, analysts project that that tax revenue could generate somewhere between $5 million and $22 million a year in the state. An economist whose study was funded by a pro-pot group projects as much as a $60 million boost by 2017.
Amendment 64 has received support from both Democrats and Republicans in Colorado, the NAACP, former cops and other members of the law enforcement community as well as more than 300 Colorado physicians andmore than 100 professors from around the nation. The measure appears to be popular among Colorado voters with several recent state polls showing wide support.
In Washington, a 25 percent excise tax would be in place if the state passes Initiative 502, which state revenue experts say could generate as much as $1.9 billion over the next five years, The Seattle Times reported. If passed, the initiative would allow adults 21 and older to buy up limited amounts of marijuana or marijuana-infused food products and would create state-licensed growers and retailers.
The Associated Press reports that if Washington's I-502 passes:
- Public use or display of marijuana would be barred.
- No marijuana facilities could be located near schools, day cares, parks or libraries.
- Employers would still be able to fire workers who test positive for pot.
- It would remain illegal to privately grow marijuana for recreational use, though medical patients could still grow their own or designate someone to grow it for them.
- It would be illegal to drive with more than 5 nanograms of THC, the active ingredient of cannabis, per milliliter of blood, if the driver is over 21; for those under 21, there would be a zero tolerance policy.
This is the second time that Colorado voters will decide on pot legislation -- state voters considered and rejected a similar recreational pot legalization initiative in 2006.
$13.7 Billion Saved On Prohibition Enforcement Costs
The government would save an estimated $13.7 billion on prohibition enforcement costs and tax revenue by legalizing marijuana, <a href="http://www.huffingtonpost.com/2012/04/17/economists-marijuana-legalization_n_1431840.html" target="_hplink">according to a paper endorsed by 300 economists</a>.
Marijuana Inmates Cost Prisons $1 Billion A Year
Inmates incarcerated on marijuana-related charges cost U.S. prisons $1 billion annually, according to a 2007 study, <a href="http://www.alternet.org/rights/47815/" target="_hplink">AlterNet reports</a>.
Marijuana Prohibition Costs Taxpayers $41.8 Billion A Year
Including lost tax revenues, a 2007 study found that enforcing the marijuana prohibition costs tax payers $41.8 billion annually, <a href="http://www.forbes.com/2007/09/29/marijuana-laws-work-biz-cx_qh_1001pot.html" target="_hplink">Forbes</a> reports.
California Marijuana Crop Worth $14 Billion A Year
Marijuana growers account for <a href="http://www.time.com/time/nation/article/0,8599,1884956,00.html" target="_hplink">$14 billion a year in sales in California</a>, making it the state's most valuable cash crop, TIME reports.
Illegal Marijuana A $36 Billion A Year Industry
It's estimated that <a href="http://madamenoire.com/106691/capitalizing-on-the-billion-dollar-marijuana-industry/" target="_hplink">illegal marijuana is a $36 billion industry</a> in the U.S., MadameNoire reports.
One-Third Of Americans Think Legalization Would Boost The Economy
About one-third of Americans say they think <a href="http://www.huffingtonpost.com/2010/04/20/legalizing-pot-will-not-b_n_544526.html?" target="_hplink">legalizing marijuana would boost the economy</a>, according to a 2010 poll by Associated Press-CNBC.
Dispensary Ads Boost Newspapers' Revenue
The <em>Sacramento News and Review</em> saw a big boost in ad revenue when it offered advertising space for more than 60 medical marijuana dispensaries, enabling the publication to hire three additional employees, <a href="http://www.news10.net/news/local/article/144285/2/Marijuana-ads-mean-big-money-for-weekly-newspaper" target="_hplink">according to News 10</a>.
Mendocino Zip Tie Program Raised $600,000
Mendocino County, California's zip tie program aimed at regulating medical marijuana growing by charging permits for each plant raised <a href="http://www.huffingtonpost.com/2012/01/09/medical-marijuana-license-mendocino_n_1193198.html" target="_hplink">$600,000 in revenue in for the Sheriff's department</a> in 2011.
Oakland Raised More Than $1 Million In Marijuana Tax Revenue
The city of Oakland, California raised $1.3 million in tax revenue from medical marijuana dispensaries in 2011, 3 percent of the city's total business tax revenue, according to <a href="http://www.nytimes.com/2012/02/12/us/cities-turn-to-a-crop-for-cash-medical-marijuana.html?_r=1" target="_hplink"><em>The New York Times</em></a>.
Colorado Pulls In $5 Million From Pot Sales Tax
In 2011, Colorado pulled in $5 milllion in sales taxes from medical marijuana businesses, <a href="http://www.nytimes.com/2012/02/12/us/cities-turn-to-a-crop-for-cash-medical-marijuana.html?_r=1" target="_hplink"><em>The New York Times</em></a> reports.
Legal Marijuana Could Be $100 Billion Industry
Economist Stephen Easton estimated in 2010 that <a href="http://www.businessweek.com/debateroom/archives/2010/03/legalize_mariju.html" target="_hplink">legal marijuana could be a $45 to $100 billion industry</a>, <em>Bloomberg Businessweek</em> reports.
Each weGrow Center Creates 75 Jobs
When hydroponic marijuana growing supply chain weGrow opens a new store it <a href="http://aznow.biz/small-biz/wegrow-phoenix-opens-cultivates-opportunities-arizona)" target="_hplink">creates an estimated 75 jobs</a> indirectly, according to AZBusiness Magazine.
Majority Of States Support Taxing Marijuana
More than <a href="http://www.huffingtonpost.com/2010/04/20/legalizing-pot-will-not-b_n_544526.html?" target="_hplink">60 percent of states agree with taxing marijuana</a>, according to a poll by Associated Press-CNBC.
Marijuana Affects Workplace Motivation
A Norwegian study 25 years in the making came to the shocking conclusion that <a href="http://www.huffingtonpost.com/2012/02/24/marijuana-use-has-adverse-affect-workplace-motivation_n_1300278.html?" target="_hplink">frequent marijuana use lowers employees' motivation at work</a>.
More Than 1,000 Dispensaries In California
There could be more than 1,000 medical marijuana dispensaries operating in California, <a href="http://www.pasadenaweekly.com/cms/story/detail/how_does_your_pot_grow/8070/" target="_hplink"><em>Pasadena Weekly</em></a> reported in 2009.
Denver Counts More Dispensaries Than Starbucks
As of July 2011, the city of Denver <a href="http://www.huffingtonpost.com/2011/07/06/medical-marijuana-denver-starbucks_n_891796.html" target="_hplink">counted more medical marijuana dispensaries than Starbucks franchises</a>.