Dec 102012
 December 10, 2012

The Executive Director Of The Drug Policy Alliance Discusses Marijuana Policy In America Post-Election

Ethan Nadelmann, Executive Director of the Drug Policy Alliance, explains that recent marijuana legalization in Colorado and Washington isn’t simple. The Federal response (or lack thereof) will determine how the policy is actualized.

Transcript–

With the victories for the marijuana legalization initiatives in Colorado and Washington on Election Day 2012, it really presents the White House and the Attorney General with a dilemma. Because on the one hand they and their law enforcement officials — federal law enforcement officials, you know, can point out and have repeatedly said it’s all illegal under federal law. Regardless of what the states do, it’s still illegal under federal law to possess, buy, use, sell, grow — all illegal. That’s it.

But as we saw with medical marijuana, which began to be legalized back in the mid 90s and is now legal in 18 states and Washington DC, it’s not so simple. And what we see is that the federal government has allowed various states to set up their own systems to regulate medical marijuana. Some places are interfering; some places they’re letting it be.
You know, what Obama said when he ran for president the first time and what he and the Justice Department made good on in the first year back in 2009 was to say that if medical marijuana producers, dispensaries are operating legally and transparently under state law, it will not be a federal law enforcement priority.

So the federal policy has been very mixed with some of the federal U.S. attorneys being very aggressive in places like Montana and California and trying to shut everybody down, and other states like New Mexico or Maine or other parts of New England really holding back, right. And then you look at a place like Colorado which legalized medical marijuana back in 2000 and then adopted a statewide regulatory approach a few years ago — through the legislature, signed by the governor. And even there you have hundreds of dispensaries operating above ground, being taxed, regulated, law enforcement, government officials oversee them. There’s a medical marijuana enforcement division. So you have in Colorado a very good model for regulating above ground marijuana. And you have in Washington state and some other states a very good model for regulating alcohol above ground.

So I’m very curious to see what the White House and the Justice Department do. You know, two years ago when the marijuana legalization issue was on the ballot in California in 2010, a month before the election, Holder, the Attorney General, said to Californians, “You better watch out because if you do this the Feds are not gonna allow this.” This time in 2012, Holder did not say a word, notwithstanding the fact that all the former heads of the DEA and the former heads of the drug czars office all banding together appealing it. But I think what happened was the White House and other people in those states looked at the polling, they saw, for example, Colorado was a swing state. They saw this issue was very popular, especially with young voters and independents who could be swing voters in this election, and they decided the better course of action was not to say anything.

You also have the fact that the governors and attorneys general of these two states, Colorado and Washington, are saying, “Look, we want to implement the will of the people in good faith.” I mean, you have the fact that the Colorado legalization initiative got more votes on election day than Obama did. And in Washington state the initiative got more votes than either of the candidates who became — or got elected governor and attorney general. You have — and all of them are saying they want to implement these initiatives in good faith. You also have the fact that Obama has in his private discussions with people about drug policy, both with foreign presidents and with wealthy democratic donors and key political people, all of whom I’ve spoken with — they all say that Obama and Biden are indicating a willingness to move in a somewhat new direction.

Directed / Produced by Jonathan Fowler & Elizabeth Rodd

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About Johnny Green

Johnny Green is a marijuana activist from Oregon. He has a Bachelor's Degree in Public Policy. Follow Johnny Green on Facebook and Twitter. Also, feel free to email any concerns.
  • DarkerMatter

    The best thing our side can do right now, is get the message out that we do not condone underage toking, or toking and driving. Please be a responsible toker.

    The fight is not over, people.

  • larryb

    The best strategy is please use pot responsibly, keep it away from children, don’t drive under the influence, don’t party too hardy in public….and spread it around, plant every seed you can find everywhere and in every state…it’s a weed, some will grow without any care…just making it prevalent will keep prices down and just think how hard it will be to get a conviction on possession…anywhere…in a few years.

  • GatewayDrug

    Was going to correct your use of “actualized,” but then I thought about it, and realized that’s not such a bad word…

  • malcolmkyle

    Jesus specifically told his disciples to “anoint” people. That anointing took place using a specific formula made from a recipe found in the Old Testament book of Exodus.

    That recipe (Exodus 30:23) includes about 6 pounds of “kaneh-bosen” According to many biblical scholars, “kaneh-bosen” was/is Marijuana.

    Most of the diseases mentioned as being healed miraculously after anointing are, curiously, the same ones that cannabis can heal today. Things like epilepsy, leprosy, and “crooked limbs” (an obvious reference to multiple sclerosis).

  • jojo9000

    Johnny – I really like the fact that you did not delve deeply into federal responses. As of late, most of the articles I have read propose possible federal injunctions and preemption arguments. But the reality is that these “solutions” are highly problematic and would almost certainly fail. The DOJ rarely loses, and when they do, its by a hair. This is due to the fact that they do copious amounts research and investigation (when necessary) before they make a move. They also hire some of the best legal minds in the country who are intimately familiar with the courts. Medical marijuana has been around for 16 years. It has survived numerous hostile administrations. As you correctly point out; if it were that easy, it would have been done already. More likely are the sort of ad hoc actions taken in California and Montana. However, these come with very substantial political risk and clearly cross the only obvious line drawn by the Obama administration; i.e. the refusal to commit substantial resources towards combatting medical marijuana.