California Can’t Legalize Marijuana
Joe | Jul 17, 2010 | Comments 10
As we are all aware that even if CA Proposition 19 passes this November, federal law will still make the growing, selling, buying, and possession of cannabis illegal. Yesterday a columnist from the L.A. Times attempted to explain why he thinks the threat of federal arrest will stall marijuana legalization in its tracks.
There’s one problem with legalizing, taxing and regulating cannabis at the state level: It can’t be done. The federal Controlled Substances Act makes it a felony to grow or sell cannabis. California can repeal its own marijuana laws, leaving enforcement to the feds. But it can’t legalize a federal felony. Therefore, any grower or seller paying California taxes on marijuana sales or filing pot-related California regulatory paperwork would be confessing, in writing, to multiple federal crimes. And that won’t happen.
And even though, the author continues, Attorney General Eric Holder has expressed at hands-off policy when it comes to state marijuana laws, that is much easier when dealing with medical marijuana.
Most important, the feds can afford to take a laid-back attitude toward California’s medical marijuana trade because it’s unlikely to cause much of a trafficking problem in the rest of the country. Because dispensaries’ prices are just as high as those for black-market marijuana, there’s not much temptation to buy the “medical” sort in California and resell it out of state.
By contrast, the non-medical cannabis industry that would be allowed if Proposition 19 passed would quickly fuel a national illicit market. According to a study issued by the RAND Corp.’s Drug Policy Research Center this month, if the initiative passes, the pretax retail price of high-grade sinsemilla marijuana sold legally in California is likely to drop to under $40 per ounce, compared with current illicit-market (or dispensary) prices of $300 an ounce and more. Yes, the counties would have authority to tax the product, but even at a tax rate of $50 an ounce — more than 100% of the pretax price — the legal California product would still be a screaming bargain by national standards, at less than one-third of current black-market prices.
As a result, pot dealers nationwide — and from Canada, for that matter — would flock to California to stock up. There’s no way on earth the federal government is going to tolerate that. Instead, we’d see massive federal busts of California growers and retail dealers, no matter how legal their activity was under state law.
This is a good possibility. But I would submit that you do not avoid one battle because it will lead to another. That is the essence of “war.” You plan and strategize to win the first battle, knowing you will do the same in the next battle, and the battle after that. Will the feds come down hard on CA cannabis retailers? Maybe so. But we will continue to fight until the last battle is won.
Filed Under: Activism • Exclusive Web Content • Politics • The War On Drugs
Seems silly that marijuana is illegal in 2010, no matter how you look at it.
Nowhere does the fallacy of our federal government representing the people come through clearer than in the legalize marijuana movement. They fund the prohibitionist side, even after voter initiatives. They arrogantly proclaim they not only trump state laws, but they don’t care about state laws (this by actions). So just who does the federal government represent? Well, besides the oil companies, Big Pharma, all those people who would go out of business if marijuana were legal.
It’s SICK Patrick, that’s what it is. And half the people perpetuating this prohibition malady, KNOW NOTHING about it.
Then we need to start going after the Federal Government on the issue.
There is no doubt that once the anti-marijuana groups from the religious, and political right start the propaganda campaign marijuana will have some tuff sledding in its attempt to become legal, Stay safe, and legal… keep current with your medical marijuana recommendations.
Correct. California can’t change federal law by state initiative. This guy just noticed this? As to his assertion the Feds would step in absent state enforcement, HA! Think about it: the enforcement of pot laws means possession arrests. 85% or more arrests are for simple possession alone. To enforce possession laws, the essence of prohibition, would mean a virtual duplication of every police agency, everywhere. Thousands of federal agents on the street, doing the lowest gruntwork of the departments. Vehicle searches, stop-and-frisk. Running dogs through your kiddie’s school. High visiblility wastes of taxpayer dollars, duplicating the services already in place, yet doing nothing to stem crime. And most importantly, harrassing joe and jane average and their children everyday for an item not considered or labeled a crime in their communities. Ha-ha-ha. I’d LOVE to see THAT! Never going to happen….too expensive…too unpopular…too intrusive….too impossible! Ha.
Just Legalize it
[...] may remember a post on this site a couple weeks ago entitled “California Can’t Legalize Marijuana.” The basic point of the article from the L.A. Times I was commenting on was that the federal [...]
I’m thankful that Prop 8 was overturned. I am not gay. Yet I’m friends with people who are. I merely really don’t understand exactly what the big deal is all about homosexual folks obtaining the exact same legal rights we have now.
i think its a shame that the obama reshem would let us make it legeal and them turn around and say well nope its ileagal as far as im concened obama is a two faced punk