Pubdate: Fri, 20 Sep 2013
Source: Steamboat Today, The (CO)
Copyright: 2013 The Steamboat Pilot & Today
Contact: http://www.steamboattoday.com/submit/letters/
Website: http://www.steamboattoday.com/
Details: http://www.mapinc.org/media/1549
Author: Rob Douglas

HUG A COLORADO POT SMOKER

If you think the federal government has overstepped the powers 
delegated to it by the U.S. Constitution by passing laws and 
regulations that transgress the freedom, power and rights reserved to 
the states and individuals, you should hug a Colorado pot smoker.

After all, Coloradans who've been on the front line fighting for the 
legalization of marijuana have demonstrated that individuals and 
states can fight a winning battle for self-determination against the 
federal government.

On Sept. 10, during a congressional hearing that received scant media 
coverage because of President Barack Obama's address to the nation 
about Syria that day, the Department of Justice waived the white flag 
of surrender when it comes to legally challenging Colorado and 
Washington for having legalized the production, sale and use of 
recreational marijuana.

In "Feds have no viable legal strategy to overturn marijuana 
legalization, Deputy A.G. concedes," Reason magazine's Jacob Sullum, reported:

"Testifying today at the first congressional hearing on marijuana 
legalization in Colorado and Washington, Deputy Attorney General 
James Cole conceded that the Justice Department does not have a solid 
legal basis on which to challenge those states' new laws.

"'It would be a very challenging lawsuit to bring,' Cole told the 
Senate Judiciary Committee, because repealing state penalties for 
growing, possessing, and selling marijuana does not create a 
"positive conflict" with the Controlled Substance Act.

"Cole argued that the feds might be on firmer ground if they tried to 
pre-empt state licensing and regulation of newly legal marijuana 
businesses. But if such litigation was successful, he said, it could 
make the situation worse by leaving the industry unregulated.

"That is why the Justice Department settled on the approach 
summarized in the memo that Cole issued on Aug. 29, limiting its 
enforcement efforts to cases that implicate eight federal concerns, 
including sales to minors, drugged driving and diversion to other 
states. If Colorado and Washington do not adequately address those 
issues, he said, 'We have reserved quite explicitly the right to go 
in and pre-empt at a later date.' He summarized the department's 
policy as 'trust, but verify.'"

Sullum noted that one Senator pressed Cole "to say whether 
state-approved marijuana growers and suppliers can now rest easier. 
'As long as they are not violating any of the eight federal 
priorities,' Cole replied, 'The federal government is not going to 
prosecute them.'"

Further, according to Sullum, "Cole said the Justice Department is 
working with federal regulators to allay banks' fears of dealing with 
marijuana businesses."

Yes, Cole left wiggle room by cautioning that there may be 
circumstances - most notably the "eight federal concerns" - that 
could result in federal prosecutions. And yes, time will tell how 
Colorado's U.S. Attorney wields that prosecutorial discretion. But, 
realistically, Cole's memo and testimony add up to a long overdue 
acknowledgment that the federal government doesn't have a legitimate 
interest in prosecuting medical and recreational marijuana users, 
growers and suppliers.

So how did this retreat on the part of the federal government happen?

It came about because of the dogged work by those in the marijuana 
legalization movement who refuse to take 'no' for an answer at the 
local, state and federal level when it comes to the unjustified and 
indefensible use of criminal laws to punish - often with draconian 
mandatory minimum prison sentences - sellers and users of a product 
that is no more harmful than alcohol.

It also came about because a majority of voters in Colorado and 
Washington - including many who detest the smell of pot, but cherish 
the smell of freedom - had the courage to revolt against state and 
federal prohibitions against marijuana by casting ballots in favor of 
citizen-led state initiatives legalizing marijuana that left state 
legislators no choice but to abide by the demands of the people, not the feds.

And, it came about because politicians at all levels and of all 
stripes are starting - just starting - to realize there is no 
political upside to denying Americans the freedom to choose on a wide 
range of issues.

The question now is whether individuals and states seeking freedom 
from federal interference with those other social and economic issues 
will follow the trail blazed by the marijuana legalization movement.
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MAP posted-by: Jay Bergstrom