As Tenth Amendment Center founder and executive director Michael Boldin often says on Tenther Radio, the feds always need state and local law enforcement. Every drug raid ends with a DEA press release thanking state or local law enforcement for its cooperation.
The feds simply don’t have the resources or manpower to enforce all of their acts.
Judge Napolitano states, “State non-compliance makes federal enforcement almost nearly impossible.”
But don’t believe nullification works just because Michael Boldin says so! Don’t buy into it just because Judge Napolitano agrees.
The DEA says so too!
The Huffington Post reports that the DEA is trying desperately to justify its budget. How can they do their job if states won’t enforce their federal “laws?” Who will destroy the weed?
In California, several nullification bills addressing medical marijuana were signed into law. In 1996, Proposition 215, or the Compassionate Use Act, was enacted after a 56 percent state-wide vote in favor. This bill allowed patients with a valid doctor’s recommendation, and the patient’s designated Primary Caregiver’s approval, to possess and cultivate marijuana for personal medical use. Since then, the program has been expanded to protect a growing system of collective and cooperative distribution.
In 2003, another medical marijuana bill strengthened the 1996 act. SB420 was introduced because “reports from across the state have revealed problems and uncertainties in the act that have impeded the ability of law enforcement officers to enforce its provisions as the voters intended and, therefore, have prevented qualified patients and designated primary caregivers from obtaining the protections afforded by the act.”
And by 2009, the Marijuana Control, Regulation, and Education Act.
“This bill would remove marijuana and its derivatives from existingstatutes defining and regulating controlled substances. It would instead legalize the possession, sale, cultivation, and other conduct relating to marijuana and its derivatives by persons 21 years of age and older, except as specified. It would set up a wholesale and retail marijuana sales regulation program, including special fees to fund drug abuse prevention programs, as specified, to commence after regulations concerning the program have been issued, and federal law permits possession and sale consistent with the program. It would ban local and state assistance in enforcing inconsistent federal and other laws relating to marijuana, and would provide specified infraction penalties for violations of these new marijuana laws and regulations, as specified. It would make other conforming changes.”
Along the way, something magical happened in California. Marijuana eradication by the DEA decreased from about 7 million plants to less than 4 million. That’s a 60 percent decrease! The DEA’s goal was 9 million plants. According to the Huffington Post report, “DEA officials attribute the decline in part to the state of California, declaring in the agency’s 2014 budget proposal that California’s financial constraints resulted in ‘the decreased availability of local law enforcement personnel to assist in eradication efforts.'”
In an article from the Cannabis Law Group, the California budget proposal for 2014 to enforce federal marijuana laws dropped 4 percent from this year. Instead of setting aside a budget of 62 percent to enforce federal marijuana laws, California will only spend 58 percent.
The article continues, pointing out that the federal government will be bribing the states to enforce federal marijuana laws.
“As it stands now, the administration is pledging some $195 million in federal drug enforcement action.”
NORML reports that to enforce federal marijuana laws, it costs taxpayers, nationally, $10 billion. The federal government plans on picking up less than 1 percent of the tab.
In an article from the American Interest state why the Feds cannot enforce their own “laws”. “State and local police forces employ about 750,000 sworn officers; the DEA has only 5,000 special agents. In 2010, state and local law enforcement made 97 percent of the more than 800,000 marijuana-related arrests nationwide.”
As states continue to legalize, less pot come over our borders. Hemp.org reports, “Seizures of dried marijuana along the nation’s borders have also decreased, according to the U.S. Border Patrol’s budget report. Cannabis seizures were down to 2,999,000 pounds in 2012, down 9 percent from 2011.”
As states legalize marijuana, medical marijuana, and/or industrial hemp it decreases the amount of marijuana being grown in remote, covert areas, usually public land.
“The DEA also stated that drug trafficking organizations are moving their operations from public lands to private agricultural grow areas, and that those who do still grow on public lands locate in vast mountainous regions, which are more difficult for law enforcement to detect and reach.” The trouble with warrants is that you have to ask for them and provide probable cause. DEA is obviously inconvenienced by finding probable cause and asking for a warrant. The DEA is used to being the grantor of permission. To grow marijuana, you must first ask the DEA for permission, and yet they almost never hand them out. With medical marijuana legalized in the state of California, citizens can grow marijuana on private land instead of trying to hide their production and sell on the black market.
So how does the DEA plan to stop nullification? The Huffington Post article reports, that the DEA has sent out a public service announcement, screaming at the DoJ to do something. The White House administration dodged states legalizing medical marijuana and recreational marijuana by saying they have “bigger fish to fry.” So far the only thing the DEA can do is “continue a letter writing campaign to encourage property owners to voluntarily close dispensaries/grows.”
Make no mistake – nullification in the form of non-compliance and non-cooperation works. We’re witnessing it first hand
The proof is in the pot!
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