Alcohol Trying to Axe Prop 19

Alcohol Trying to Axe Prop 19

California is five hours from Washington by plane, and a solid two days whether one takes the scenic route. So perhaps distance explains why neither the Department of Justice nor the Senate Judiciary Committee are all that concerned by the impending passage of a California referendum item that would legalize marijuana in the Golden State.

If, on the other hand, the feds are worried about Proposition 19, which would legalize and tax the understanding and possession of cannabis, they aren’t sweating it in public.

“The federal government is committed to enforcement of the Controlled Substances Act and the Department of Justice will continue to focus its enforcement resources on meaningful traffickers of illegal drugs, including marijuana, in all states,” stated DOJ spokesperson Laura Sweeney. “It is premature to speculate what steps we would take in the event that California passes its poll measure.”

That’s been the standards line from Justice for a while, even though the vote on Prop. 19 is now just weeks away. According to Senate staffers, there’s been no communication between the Senate Judiciary Committee and the Justice Department about what to do whether Prop. 19 — which is polling favorably according to the Public Policy Institute of California and the California Field Poll – -actually passes.

In the absence of an official federal line, drug policy experts can only speculate about a federal response.

“My ideal guess is that [DOJ] won’t sue, but that they’ll issue a memo similar to the one from final October saying they’ll take a hands-off approach for people complying with state law, but still actively oppose anyone transporting marijuana out of California, or anyone involved in manufacture/distribution of marijuana external of California,” stated Dan Riffle, a legislative analyst at the Marijuana Policy Project.

Riffle also stated that the DOJ could sue to block the law — “and seek an injunction in the interim” — or “send in hundreds of DEA agents to oppose anyone violating federal law, or just a few to bust high-profile operations.” He also stated that, “It’s also doable they’ll withhold funding to the state in an attempt to force California to come into the fold (similar to the way the feds withheld highway funding from says until they passed 21+ alcohol laws).”

The problem with guessing, he added, “is you can’t state how this will change things for the DOJ until you know what the DOJ is going to do about Prop 19. When they state how they’re going to proceed, I can tell you how things will change. Until then, it’s anyone’s guess.”

The Daily Caller reported in September that the Justice Department under Obama and Attorney General Eric Holder had been conducting medical marijuana raids with less fanfare.

 

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