Pubdate: Sat, 20 Feb 2016
Source: Visalia Times-Delta, The (CA)
Copyright: 2016 The Visalia Times-Delta
Contact: http://www.visaliatimesdelta.com/customerservice/contactus.html
Website: http://www.visaliatimesdelta.com/
Details: http://www.mapinc.org/media/2759

POT LEGALIZATION HURDLES

Californians are likely to vote this fall on legalizing marijuana for 
recreational use but whether Golden State residents can break out the 
bongs could depend on what happens at the top of the ballot.

The next president has the power to shut down marijuana sales in the 
states that have legalized it, and two of the candidates, Republicans 
Marco Rubio and Ben Carson, have suggested they would. While 
marijuana remains forbidden under federal law, President Barack Obama 
has allowed pot sales in states such as Colorado, Oregon and 
Washington that have legalized recreational marijuana under state law.

Weed advocates are watching the presidential race closely and hoping 
the next president follows Obama's path on pot.

"The next administration has the ability to continue the position of 
the Obama administration in allowing this experiment to continue 
successfully," said Chris Woods, owner of Terrapin Care Station, a 
growing chain of recreational marijuana stores in Colorado, with 
locations in Boulder and the Denver suburb of Aurora.

Jason Kinney, spokesman for the ballot campaign to legalize 
recreational marijuana in California, expressed faith that even the 
election of an anti-marijuana president like Rubio wouldn't be a roadblock.

"Given the increasing bipartisan support within Congress for allowing 
states to make their own decisions about the issue, we are confident 
that California will be allowed to implement the will of its people 
and create a tightly regulated, controlled and transparent system for 
the cultivation and sale of adult-use marijuana within its borders," he said.

Congress, though, has largely been silent on the marijuana issue. 
While it blocked Washington, D.C., from creating a legal pot market, 
it has left enforcement issues up to the executive branch.

States are following a 2013 Obama administration Justice Department 
memo that lets them allow regulated marijuana sales as long as they 
take steps, such as working to keep kids from getting access and 
preventing the distribution of marijuana to other states where it 
remains illegal.

But that could change quickly.

It would be administratively simple for the next president to order 
new Justice Department memos that reverse Obama's acceptance of legal 
weed, said John Hudak, a senior fellow at the Brookings Institution 
who has written extensively about marijuana.

Still, enforcing such a mandate and shutting down marijuana sales in 
the states would be an enormous federal law enforcement task, he 
said, especially if the new president also tried to halt medical 
marijuana, which is legal in 23 states and the District of Columbia.

None of the presidential candidates have explicitly threatened 
medical marijuana. But even shutting down recreational sales would be 
a big undertaking, Hudak said, particularly if the California 
initiative passes, and the state's new system gets up and running 
before the new president acts.

Legalizing recreational marijuana sales in California, which has 
nearly 40 million people, would be a huge expansion. The biggest 
state so far to legalize is Washington, with about 7 million people - 
or the size of the Bay Area.

"Shutting down the legal recreational systems is going to be quite 
difficult for any president. If California legalizes it becomes 
impossible," Hudak said. "I think there is a lot riding on California 
in terms of the response of the next president."

Marijuana advocates are also betting on politicians, even those who 
are drug warriors, hesitating to act against pot sales because polls 
show a majority of Americans support legalization. Sen. Cory Gardner, 
R-Colo., who opposed his state's legalization of pot, said he's still 
waiting to know if pot's availability has increased traffic accidents 
and homelessness. The state had more fatality accidents in 2015 than 
in 2014, but so did the United States as a whole.

In California, traffic-related deaths rose nearly 3 percent. In 
Visalia, they quadrupled. However, narrowing down the causes of 
crashes doesn't necessarily point to drugs.

Gardner noted that polls show support for legalization went up after 
voters made recreational sales legal in Colorado three years ago. 
Jeffrey Zinsmeister, executive vice president of Smart Approaches to 
Marijuana, a group that opposes legalization but wants to ease 
penalties for drug offenses, argues that the problems in states that 
have legalized are going to become apparent to the presidential candidates.

He said he's hopeful the next president is going to enforce federal 
law and shut down recreational marijuana sales, although he deemed it 
too soon to predict the chances of that happening.

"What the candidates say on the campaign trail and what they do in 
office are often two very different things," Zinsmeister said. "It 
seems to be an issue that, largely speaking, the candidates have 
tried to avoid."

Marijuana is a big and fast-growing business in the states that have 
legalized. Adult recreational use sales grew from $351 million in 
2014 to $998 million last year, according to a new report from 
ArcView Market Research, a firm that specializes in promoting marijuana.

As medical marijuana sales grow in Tulare County, the Valley's 
largest dispensary, CannCanHelp Inc., is producing $30,000 in sales 
tax for Tulare County each month. Tammy Murray, the Goshen 
dispensary's director and CEO, said she has no doubt a conservative 
candidate would mean a step back to the industry as a whole - 
recreational or medical.

"I would be a blow toward progression, for us and many other budding 
industries," she said. "Taxpayers need to think about potholes, much 
needed infrastructure and better education for our youth."

CannCanHelp has donated thousand of dollars in the past several 
years, including money to the city's only school, Goshen Elementary. 
An anti-marijuana candidate could take all of that away.

Taylor West, deputy director of the National Cannabis Industry 
Association, a trade group for the industry, said most presidential 
candidates either support legal marijuana or want to leave it to the 
states. While Murray supports fewer regulations, most in Tulare 
County want more.

Inspectors took edibles off the shelves of CannCanHelp earlier this 
month and limited the number of plants they could have to 99. 
Inspectors planned to hit the other dispensaries in the Valley, 
making the same limitations across the board.

Some have followed the rules, others have disregarded the inspectors 
or locked the doors.

"I think we're looking at a scenario where, if California passes an 
adult-use initiative and commits to developing a regulated program, 
the likelihood is that they will be able to move forward," West said.

Democrat Bernie Sanders is the biggest advocate of legalization among 
the presidential candidates. He's won support from marijuana 
activists for introducing a bill for federal decriminalization. His 
Democratic primary opponent, Hillary Clinton, has been more cautious 
on the marijuana issue. The former first lady declined to take a 
position at an October debate but subsequently told a Denver 
television station that the federal government should not interfere 
with Colorado voters' decision to legalize.

Murray called Sanders the most progressive candidate.

"He's the most sensible on this subject," she said.

Republicans Donald Trump, Ted Cruz and Jeb Bush also have suggested 
marijuana should be left up to the states. Republicans Rubio and 
Carson have taken a harder line, though, with both suggesting a 
federal crackdown. Rubio, who is among the top tier of Republican 
candidates and finished a close third in the Iowa caucuses, has said 
in interviews that he'd "absolutely" enforce federal marijuana law in 
the states.

Sean Cockerham, McClatchy Washington Bureau, and Eric Woomer, USA 
Today Network, contributed to this article.
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MAP posted-by: Jay Bergstrom