As we've all heard by now, Nebraska and Oklahoma are suing Colorado in the U.S. Supreme Court over "ColoWeed" (shorthand for their state-licensed recreational marijuana system. WashWeed stands for our system).
Down page, I argue that's a good reason for our Legislature to allow home growing ... but let's get our feet on the ground first.
Nebraska's whine ... er ... main complaint is that ColoWeed has invaded their state, and budgets are straining to keep up with the efforts to stop the production, transportation and sale of marijuana. In other words, ColoWeed is making it too expensive for them to wage war on marijuana as proscribed by antiquated federal law.
Reminds me of a joke my dad tells: Man goes into a doctor and says, "Doc, it hurts when I lift my arm like this." The doctor says, "Then don't lift your arm like that."
In fact, the war on marijuana is TOO expensive to wage, with or without ColoWeed. So, stop waging it.
Keep weed from Mexico!
With a little research, one can quickly discover that Nebraska (the lead state in the suit) has historically, like the rest of the country (see page 48 in this doc), been awash in marijuana. In 2003 – three years after Colorado established a medical marijuana system – and a decade before ColoWeed came online – the Department of Justice agency that used to track drugs across the country stated:
Marijuana is the most widely available and frequently abused illicit drug in Nebraska. Most of the marijuana available in the state is produced in Mexico, although some cannabis is cultivated locally. Mexican criminal groups transport marijuana from Mexico, California, and southwestern states into Nebraska in private and commercial vehicles. Mexican criminal groups and, to a lesser extent, local independent dealers are the primary wholesale and retail marijuana distributors in the state
That's from the "National Drug Intelligence Center," which closed in 2012 and basically became the White House's "Office of National Drug Control Policy." That new agency's latest notes on Nebraska confirm:
Mexican drug trafficking organizations and criminal groups transport wholesale quantities of methamphetamine, cocaine, and marijuana to and through Omaha from distribution hubs in Sinaloa, Mexico, and the Southwestern region of the United States.
So, Nebraska is basically saying "keep the black market in the hands of the Mexican cartel!" Chant: "Up with Mexican weed! Down with ColoWeed!"
Apparently, it's bad that ColoWeed is replacing Mexican weed, because Mexican weed is a lot harder to interdict than ColoWeed, which is transported by hapless local smugglers who get pulled over for the rookie mistake of a broken taillight or speeding. Then there are those red eyes and smoke pouring out of the windows.
Mexican cartel mules are WAY better at smuggling, so they don't cost us as much ... because we hardly ever catch them. So, down with ColoWeed.
BTW, the White House adds, importantly, about Nebraska:
Methamphetamine and cocaine are the most critical drug threats in the area. The Omaha Metro Drug Task Force reported that Mexican "Ice" methamphetamine poses the greatest threat to the community, in that it is easy to obtain, is the drug of choice, and seems to have an underlying commonality with violent and property crimes. Cocaine is frequently converted into crack cocaine, which is often associated with violent crimes in Omaha.
Wait, I thought marijuana was the problem ...
Anyway, Nebraska doesn't provide any information in its lawsuit to indicate that ColoWeed is growing new users and not simply replacing the supply to those already using. Unless it's creating a lot of new users, then ColoWeed is actually doing what it was designed to do: Combat black market marijuana.
A fart in a stiff wind?
In other words, neither ColoWeed nor WashWeed invented marijuana, and that signals the key defense against Nebraska's claim that ColoWeed thumbs its nose at the supremacy of federal drug laws as established by the Controlled Substances Act (CSA).
You can read Nebraska's key arguments in the gallery above. Also, Washington's close call with this issue came up when several state jurisdictions were sued for banning I-502 stores. Lawyers for Fife, one of the cities banning I-502, argued that if they couldn't ban I-502 marijuana, then they would attempt to get the law thrown out on exactly the same basis as Nebraska is suing Colorado.
Since we're now in the realm of legalese, simplification is hard. But, basically, both Washington Attorney General Bob Ferguson and I-502 architect and ACLU lawyer Alison Holcomb have argued that WashWeed, and by extension ColoWeed, do not subvert federal law.
For one, the feds are more than welcome to march into each state and continue to enforce federal law. Only their own guidelines and budgetary constraints are stopping them. And Nebraska is welcome to continue locking up its residents (mostly black people) for marijuana ... if it really feels it's necessary.
Second, neither state is growing and selling weed nor do they make people grow and sell marijuana (called the Positive Obstruction of federal law). And the state has the right to tax illegal activity, in any case (which is why our Department of Revenue can forcibly collect taxes from medical marijuana storefronts). So, the fact that we benefit from the sale of marijuana means nothing legally.
Third, the laws of both states are an attempt to combat the illegal trade of marijuana and that's exactly inline with federal goals set out in the CSA.
These are essentially the arguments behind such statements as
"... it appears the plaintiffs' primary grievance stems from non-enforcement of federal laws regarding marijuana, as opposed to choices made by the voters of Colorado. We believe this suit is without merit and we will vigorously defend against it in the U.S. Supreme Court," Colorado Attorney General John Suthers. ... and ..."State and federal laws do not have to be the same," said the ACLU-WA's Alison Holcomb (in an ACLU news release.
"I-502 is designed to protect the health and welfare of our state's residents and maintains Washington's traditional role as partner with the federal government. Our state's law is consistent with federal enforcement priorities. It accounts for revenues, prohibits marijuana sales to children, and reduces the risk of violence by taking marijuana out of the hands of criminal enterprises."
In arguing for Fife's right to ban I-502 stores while also arguing that federal law does NOT pre-empt I-502, Ferguson wrote in his brief (first citing a ruling to set the stage):
"Because Congress provided that the CSA preempted only laws positively conflicting with the CSA so that the two sets of laws could not consistently stand together, and omitted any reference to an intent to preempt laws posing an obstacle to the CSA, we interpret title 21 United States Code section 903 as preempting only those state laws that positively conflict with the CSA so that simultaneous compliance with both sets of laws is impossible."
And then concludes:
"... Fife cannot show that I-502 would require the City to violate federal law, and thus cannot show that it is impossible for the city to comply with both I-502 and federal law. Accordingly, there is no basis for a finding of federal preemption here."
Likewise, the argument is that Nebraska will not be able to show that Colorado's law is "positively" in conflict with federal law.
That said, however, if the Supreme Court decides to take the case, then they could decide that any form of state-licensed marijuana sales is in conflict. If that happens ...
Don't abandon Washington marijuana to the courts
I've argued in The Pot Blog that Washington now has the fifth-worst legal weed system ... out of the five voted in by citizens. Remember, in addition to ColoWeed and WashWeed, we now have nascient OreWeed, AlaWeed and D.C.Weed.
The problem is that our law does not allow homegrows.
If the Supreme Court forces the DOJ to crack down on recreational marijuana systems, Washington will be high but not dry. We will have not only a broken medical marijuana system with its proliferating grey-market "dispensaries" under constant attack, but no way to rally against the black market, which will grow by leaps and bounds.
More importantly, with possession legal (the feds can't undo that part of I-502) and no regulated supply, home-growing will be the only way Washington can keep its progressive, anti-War on Marijuana stance. Without it, we'll suddenly be thrown into a much worse situation than we were in before our state widely approved I-502.
Our story on that issue, which is being tackled in the Legislature by State Sen. Jeanne Kohl-Welles, D-Seattle: How to fix medical marijuana in Washington with one simple bill
If a new White House administration backed by a Supreme Court ruling comes looking to make arrests, the only tool Washington will have for fighting to keep our progressive stance on marijuana will be to grow a pot plant on every porch.
News Moderator: Shandar @ 420 MAGAZINE ®
Source: Blogs - seattlepi.com
Author: Jake Ellison
Contact: Contact the staff of seattlepi.com - seattlepi.com
Website: Nebraska wants only Mexican weed; suit means Washington needs homegrown - The Pot Blog
Down page, I argue that's a good reason for our Legislature to allow home growing ... but let's get our feet on the ground first.
Nebraska's whine ... er ... main complaint is that ColoWeed has invaded their state, and budgets are straining to keep up with the efforts to stop the production, transportation and sale of marijuana. In other words, ColoWeed is making it too expensive for them to wage war on marijuana as proscribed by antiquated federal law.
Reminds me of a joke my dad tells: Man goes into a doctor and says, "Doc, it hurts when I lift my arm like this." The doctor says, "Then don't lift your arm like that."
In fact, the war on marijuana is TOO expensive to wage, with or without ColoWeed. So, stop waging it.
Keep weed from Mexico!
With a little research, one can quickly discover that Nebraska (the lead state in the suit) has historically, like the rest of the country (see page 48 in this doc), been awash in marijuana. In 2003 – three years after Colorado established a medical marijuana system – and a decade before ColoWeed came online – the Department of Justice agency that used to track drugs across the country stated:
Marijuana is the most widely available and frequently abused illicit drug in Nebraska. Most of the marijuana available in the state is produced in Mexico, although some cannabis is cultivated locally. Mexican criminal groups transport marijuana from Mexico, California, and southwestern states into Nebraska in private and commercial vehicles. Mexican criminal groups and, to a lesser extent, local independent dealers are the primary wholesale and retail marijuana distributors in the state
That's from the "National Drug Intelligence Center," which closed in 2012 and basically became the White House's "Office of National Drug Control Policy." That new agency's latest notes on Nebraska confirm:
Mexican drug trafficking organizations and criminal groups transport wholesale quantities of methamphetamine, cocaine, and marijuana to and through Omaha from distribution hubs in Sinaloa, Mexico, and the Southwestern region of the United States.
So, Nebraska is basically saying "keep the black market in the hands of the Mexican cartel!" Chant: "Up with Mexican weed! Down with ColoWeed!"
Apparently, it's bad that ColoWeed is replacing Mexican weed, because Mexican weed is a lot harder to interdict than ColoWeed, which is transported by hapless local smugglers who get pulled over for the rookie mistake of a broken taillight or speeding. Then there are those red eyes and smoke pouring out of the windows.
Mexican cartel mules are WAY better at smuggling, so they don't cost us as much ... because we hardly ever catch them. So, down with ColoWeed.
BTW, the White House adds, importantly, about Nebraska:
Methamphetamine and cocaine are the most critical drug threats in the area. The Omaha Metro Drug Task Force reported that Mexican "Ice" methamphetamine poses the greatest threat to the community, in that it is easy to obtain, is the drug of choice, and seems to have an underlying commonality with violent and property crimes. Cocaine is frequently converted into crack cocaine, which is often associated with violent crimes in Omaha.
Wait, I thought marijuana was the problem ...
Anyway, Nebraska doesn't provide any information in its lawsuit to indicate that ColoWeed is growing new users and not simply replacing the supply to those already using. Unless it's creating a lot of new users, then ColoWeed is actually doing what it was designed to do: Combat black market marijuana.
A fart in a stiff wind?
In other words, neither ColoWeed nor WashWeed invented marijuana, and that signals the key defense against Nebraska's claim that ColoWeed thumbs its nose at the supremacy of federal drug laws as established by the Controlled Substances Act (CSA).
You can read Nebraska's key arguments in the gallery above. Also, Washington's close call with this issue came up when several state jurisdictions were sued for banning I-502 stores. Lawyers for Fife, one of the cities banning I-502, argued that if they couldn't ban I-502 marijuana, then they would attempt to get the law thrown out on exactly the same basis as Nebraska is suing Colorado.
Since we're now in the realm of legalese, simplification is hard. But, basically, both Washington Attorney General Bob Ferguson and I-502 architect and ACLU lawyer Alison Holcomb have argued that WashWeed, and by extension ColoWeed, do not subvert federal law.
For one, the feds are more than welcome to march into each state and continue to enforce federal law. Only their own guidelines and budgetary constraints are stopping them. And Nebraska is welcome to continue locking up its residents (mostly black people) for marijuana ... if it really feels it's necessary.
Second, neither state is growing and selling weed nor do they make people grow and sell marijuana (called the Positive Obstruction of federal law). And the state has the right to tax illegal activity, in any case (which is why our Department of Revenue can forcibly collect taxes from medical marijuana storefronts). So, the fact that we benefit from the sale of marijuana means nothing legally.
Third, the laws of both states are an attempt to combat the illegal trade of marijuana and that's exactly inline with federal goals set out in the CSA.
These are essentially the arguments behind such statements as
"... it appears the plaintiffs' primary grievance stems from non-enforcement of federal laws regarding marijuana, as opposed to choices made by the voters of Colorado. We believe this suit is without merit and we will vigorously defend against it in the U.S. Supreme Court," Colorado Attorney General John Suthers. ... and ..."State and federal laws do not have to be the same," said the ACLU-WA's Alison Holcomb (in an ACLU news release.
"I-502 is designed to protect the health and welfare of our state's residents and maintains Washington's traditional role as partner with the federal government. Our state's law is consistent with federal enforcement priorities. It accounts for revenues, prohibits marijuana sales to children, and reduces the risk of violence by taking marijuana out of the hands of criminal enterprises."
In arguing for Fife's right to ban I-502 stores while also arguing that federal law does NOT pre-empt I-502, Ferguson wrote in his brief (first citing a ruling to set the stage):
"Because Congress provided that the CSA preempted only laws positively conflicting with the CSA so that the two sets of laws could not consistently stand together, and omitted any reference to an intent to preempt laws posing an obstacle to the CSA, we interpret title 21 United States Code section 903 as preempting only those state laws that positively conflict with the CSA so that simultaneous compliance with both sets of laws is impossible."
And then concludes:
"... Fife cannot show that I-502 would require the City to violate federal law, and thus cannot show that it is impossible for the city to comply with both I-502 and federal law. Accordingly, there is no basis for a finding of federal preemption here."
Likewise, the argument is that Nebraska will not be able to show that Colorado's law is "positively" in conflict with federal law.
That said, however, if the Supreme Court decides to take the case, then they could decide that any form of state-licensed marijuana sales is in conflict. If that happens ...
Don't abandon Washington marijuana to the courts
I've argued in The Pot Blog that Washington now has the fifth-worst legal weed system ... out of the five voted in by citizens. Remember, in addition to ColoWeed and WashWeed, we now have nascient OreWeed, AlaWeed and D.C.Weed.
The problem is that our law does not allow homegrows.
If the Supreme Court forces the DOJ to crack down on recreational marijuana systems, Washington will be high but not dry. We will have not only a broken medical marijuana system with its proliferating grey-market "dispensaries" under constant attack, but no way to rally against the black market, which will grow by leaps and bounds.
More importantly, with possession legal (the feds can't undo that part of I-502) and no regulated supply, home-growing will be the only way Washington can keep its progressive, anti-War on Marijuana stance. Without it, we'll suddenly be thrown into a much worse situation than we were in before our state widely approved I-502.
Our story on that issue, which is being tackled in the Legislature by State Sen. Jeanne Kohl-Welles, D-Seattle: How to fix medical marijuana in Washington with one simple bill
If a new White House administration backed by a Supreme Court ruling comes looking to make arrests, the only tool Washington will have for fighting to keep our progressive stance on marijuana will be to grow a pot plant on every porch.
News Moderator: Shandar @ 420 MAGAZINE ®
Source: Blogs - seattlepi.com
Author: Jake Ellison
Contact: Contact the staff of seattlepi.com - seattlepi.com
Website: Nebraska wants only Mexican weed; suit means Washington needs homegrown - The Pot Blog