Saturday, October 16, 2010

Golden Pot

California is poised to potentially legalize marijuana for recreational use.  There are strong feelings on both sides, and I am fortunate to be in a position to simply consider how I would vote, not living in California myself.  I can see arguments on both sides of the debate. 

But my interest is less about how California residents' snacking habits will change (potentially an investment in Frito Lay is wise, thinking that purchases of chips will go through the roof in the Golden State) and more in the showdown developing between the residents of California and the US Attorney General.  On Friday US Attorney General  Eric Holder released a letter, addressed to concerned former DEA officials, making the statement that no matter the outcome of the ballot initiative in CA, federal officials would continue to prosecute those who are involved in marijuana production, sale or use as they have to date.  Holder makes the assertion that the Obama Administration "strongly opposes" Proposition 19.

A strongly worded letter from the US AG is certainly a sign that CA residents who attempt to take actions if the proposition passes are at risk for federal prosecution, but the lack of a position up to this point is potentially telling to me. Is it possible that Holder's "late-to-the-party" stance is a sign that there is more bark than bite?  Looking to how federal officials currently handle medical marijuana should also be considered.  At this point, after an initial strong push, prosecution of medical marijuana cases has reportedly dried up.  Could this be foreshadowing for how the game will play out with recreational marijuana?

Something I would love to better understand is the strength of the federal position in this case.  If CA passes this, does the federal law REALLY trump a state's wishes in this scenario.  I'm sure there's someone out there who can enlighten me.

In any event, I would say this is just the beginning.  The "legalize" marijuana movement will likely not weaken.  I would liken the situation to alcohol prohibition.  Trying to maintain it as illegal, and prosecuting those who are involved its commerce will not work.  Sometimes you have to pick your battles. 

How about we just be thankful for our Golden Pot and move on to bigger and better things.  Like some Fritos...  I'm hungry... 

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