California Cannabis Vote: What will the Fed's Do?
Can anyone else point out the biggest problem with the Nov. vote in California to legalize marijuana… That’s right, the Fed’s. How can CA. legalize cannabis tax marijuana, and regulate cannabis at the state level when the federal Controlled Substances Act makes it a felony to grow or sell cannabis… period. California can abolish its own marijuana laws leaving enforcement up to the feds, chances are that no one wants’ that. But Californian’s can't legalize a federal felony. As a result, any MMJ club paying California taxes on marijuana sales or filing marijuana-related California regulatory paperwork would be confessing, in writing, to multiple federal crimes. I’m not sure about you, but that hardly sounds like a good idea.
Will the California budget crisis accomplish the long cherished goal among libertarians of legalizing marijuana? San Francisco Assemblyman Tom Ammiano certainly hopes so, for he has offered legislation legalizing and taxing marijuana.
Under the proposed legislation, every Californian over the age of 21 would be able to openly purchase marijuana after paying a hefty tax. The tax would consist of a special fifty dollar an ounce levy along with the normal state sales taxes. It is estimated that legally sold and taxed marijuana would bring in $1.3 billion in revenues to the state of California.
According to a Zogby Poll commissioned by the National Organization for the Reform of Marijuana Laws (NORML) a growing number of people support the legalization and taxing of marijuana.
“When asked: “Should marijuana be taxed and legally regulated like alcohol and cigarettes to help raise money for public services and to reduce law enforcement costs?”, voters responded: 44% Yes, 52% No, and 4% Undecided.
“Surprisingly high support was reported in the West, where voters favored legalization 58% - 36%. However, the significance of this margin is questionable due to the relatively small number of respondents (232). Easterners were nearly divided - 48% Yes, 49% No - while other regions were strongly opposed.
“A similar Zogby/NORML poll in 2006 found only 36% of Americans in support of legalization, with 55% opposed.”
Libertarians and even some conservatives have maintained that the current regime of criminalizing drug abuse is counterproductive and futile. Drug legalization advocates compare the current “war on drugs” to the 1920s era prohibition, during which alcohol was banned, leading to wide spread law breaking by ordinary people and the rise of organized crime. They suggest, for instance, that marijuana is a relatively benign recreational narcotic, compared to alcohol and especially tobacco. Marijuana also has some beneficial medical properties, such as glaucoma and the pain and nausea surrounding chemotherapy.
There may well be a case for legalizing and taxing marijuana. On the other hand, many drug advocates suggest that all illegal drugs, including cocaine and heroin, should also be legalized. People, they maintain, have a right to put any substance into their bodies that they want, even ones that are unhealthy.
There is a joke that the test of a true libertarian is whether he or she believes that crystal meth should be available to school children from vending machines. The proper libertarian answer is that only if the said vending machines are operated by the private sector.
The advocates for legalizing hard drugs ignore the societal cost of drug addiction. People addicted to cocaine, heroin, or crystal meth simply are not able to function after a time. Legalization will cut costs for law enforcement and deny organized crime a source of revenue. But health care, rehabilitation, and other costs would remain and perhaps even increase.
Libertarians would respond, well, fine, drug addicts should pay for those costs. In the real world, that is not going to happen, though.
As for California legalizing marijuana, traditionally the federal government has taken a dim view of states getting wobbly on illegal drugs. On the other hand, Barack Obama promised during the campaign that he would not interfere with the states concerning drug enforcement.
Will the time come when, at least in California, one can take out a joint at ones favorite coffee shop and light up? There is another problem, which cigarette smokers are very familiar with. Because of concerns over second hand smoke, the places where one can light up anything are getting few and far between. It may be that one day one can have the right to own and use marijuana, just not the right to do it just about anywhere.
Of course there is always brownies.
Source: Legalizing marijuana could help California get out of debt, assemblyman says, Kelly Bush, MSNBC, February 24th, 2009
New Poll Finds Growing Support for Legalization, California NORML, February 19th, 2009
