California Proposition 19-also called the Regulate, Control, and Tax Cannibis Act of 2010.
If passed in November, this ballot measure will legalize possession, buying, and selling of marijuana for California residents 21 or older. According to supporters, legalization will cut the state’s estimated $19.9 billion budget shortfall by $1.4 billion in tax revenue, save valuable time, money, and lives from the failed border war on drugs, and stimulate a slumping economy. All of this from the legalization of a substance that is less harmful than alcohol? Sounds too good to be true. There is, however, one teeny-tiny problem: marijuana is illegal under the federal Controlled Substances Act. If Prop 19 passes, the federal government would have the jursidiction to override California state law. But would they?
Let’s first examine federal policy toward medical marijuana, which is likewise illegal. In 1996, Proposition 215 was passed in California decriminalizing and legalizing the use of medical marijuana. This was met with strong federal backlash. Both Presidents Clinton and Bush strictly enforced the Controlled Substances Act; Bush even started raids on dispensaries of medical marijuana. These policies were largely ineffective. Decriminalization and legalization of medical marijuana spread from California to 13 other states and the District of Columbia. As a result, the Obama Administration announced that the Drug Enforcement Administration would stop medical marijuana raids in 2009. But how would the president react to Prop 19? Would federal drug law again give way to state ballot initiative?
Just last week, it became official-the Obama Administration votes “No” on Prop 19. In a letter to the chiefs of the Drug Enforcement Administration, Attorney General Holder wrote: “Let me state clearly that the Department of Justice strongly opposes Proposition 19. If passed, this legislation will greatly complicate federal drug enforcement efforts to the detriment of our citizens.”
This statement comes at a time of waning public support for Prop 19, which has held a substantial lead in polls until the last two weeks, according to the latest poll by Ipsos. Just last week, two new opponents voiced their concerns: (1) George Mull, president of the California Cannabis Association, said that Proposition 19 is so poorly designed it could hurt users of medical marijuana, and (2) the Rand Corp., a nonpartisan research institute, issued a study which said that Proposition 19 would do little to curtail the violent Mexican drug cartels that smuggle marijuana across the border. Duly, the Obama Administration’s jump on the opposing side will further decrease public support.
But whether Prop 19 passes or not, the battle over legalization has become more than just about California citizens. The Obama Administration’s opposition to Prop 19 is merely the latest in a bloody battle of federal vs. state initiatives in drug policy that is becoming too great to ignore. A trend in policy that started with the decriminalization of medical marijuana in 1996 has now moved to complete legalization. If we look at the failure of Presidents Clinton and Bush to check the spread of medical marijuana, it is clear that it will be impossible for the Obama Administration to prosecute all 3 million (and rising) users of legal marijuana in California if Prop 19 passes. Perhaps, it is finally time for the federal government to accept the increasingly liberal wave of state public opinion on drug policy, and reconsider the Controlled Substances Act.