SACRAMENTO, Calif. (April 24, 2019) – Yesterday, a California Assembly committee passed a bill that would authorize “cannabis consumption cafe/lounge” businesses. Passage into law would expand the cannabis market in California and further nullify federal prohibition in effect.
Assembly Member Richard Bloom introduced Assembly Bill 1465 (AB1465) on Feb 22. The legislation would allow on-site sales and consumption of marijuana in licensed, public establishments.
On Tuesday, the Assembly Business and Professions Committee approved AB1465 by a 12-6 vote. All six NO votes were by republicans.
EFFECT ON FEDERAL PROHIBITION
Under the federal Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate cannabis within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.
Legalization of cannabis in California removed a huge layer of laws prohibiting the possession and use of marijuana, but federal prohibition remains in effect.
FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. When states stop enforcing marijuana laws, they sweep away most of the basis for 99 percent of marijuana arrests.
Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.
A GROWING MOVEMENT
Colorado, Washington state, Oregon and Alaska were the first states to legalize recreational cannabis, and California, Nevada, Maine and Massachusetts joined them after ballot initiatives in favor of legalization passed in November 2016. In 2018, Vermont became the first state to legalize marijuana through a legislative act. and Michigan passed a ballot measure legalizing cannabis for general use.
With 33 states allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.
The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats.
WHAT’S NEXT
Introduction and committee passage of AB1465 demonstrates another important strategic reality. Once a state legalizes marijuana – even if only in a very limited way – the law tends to eventually expand. As the state tears down some barriers, markets develop and demand expands. That creates pressure to further relax state law. AB1465 would represent a further erosion of unconstitutional federal marijuana prohibition in California.
AB1465 now moves to the Assembly Appropriations Committee for further consideration. It must pass by a majority vote before moving forward in the legislative process.
- No Permanent Alliances: Foreign Policy of Washington and Jefferson - April 24, 2024
- The Failed Strategy of “Vote the Bums Out” is Making Things Even Worse - April 22, 2024
- Thomas Jefferson’s Prediction of Economic Meltdown and Its Relevance Today - April 19, 2024