IS ERIC HOLDER SERIOUS ABOUT ENFORCING THE MARIJUANA LAWS?

When the Majority Says Marijuana Should Not Be a Crime the Law Loses
Its Legitimacy.

It is hard to imagine that Eric Holder's letter threatening to
"vigorously enforce" federal law if California votes for legalization
of marijuana is serious. It seems timed to manipulate voters in
California, but in this year when political elites are hated it is
likely to backfire and lead Californians to vote to end the failed
marijuana war.

During one of the greatest failed experiments in American history,
alcohol prohibition, a turning point was when New York told the
federal government it would no longer enforce laws against alcohol.
That left it to the federal government to enforce the law. Already
"the feds" as they were derogatorily known were hated in rural areas
where alcohol was often produced and the feds came in and disrupted
their commerce. Then, the biggest urban area refused to enforce the
law. The result, alcohol prohibition ended a few years later.

Attorney General Eric Holder last week promised "We will vigorously
enforce the [Controlled Substances Act] against those individuals and
organizations that possess, manufacture or distribute marijuana for
recreational use, even if such activities are permitted under state
law." Does he mean that the federal government will start enforcing
laws against possession of marijuana? Or, be looking in people's
homes to see if they are growing or using marijuana? That they will
be searching people's backyards for their marijuana victory garden?

It is hard to believe that in a nation where half the murders go
unsolved that the Department of Justice would make marijuana a
priority after the people voted for legalization. It is hard to
believe that an attorney general who decided not to enforce laws
against torturers and lawyers who enabled torture would instead
prosecute people for marijuana offenses. This is the same attorney
general who is doing nothing while the greatest democracy crime since
Watergate is going on - hundreds of millions in anonymous donations
to non-profit front group who are trying to influence campaigns in
violation of election and tax laws.

The police and the courts depend on the cooperation of communities to
keep order. If a majority of Californians vote for legalization of
adult use and cultivation of marijuana what kind of legitimacy do the
laws against marijuana have? Already, large numbers distrust law
enforcement, the feds will have no legitimacy if they are enforcing a
law the majority opposes.

I realize that Holder has the responsibility of enforcing federal
law. But, continuing on autopilot with aggressive marijuana law
enforcement is a disservice, indeed an injustice. Passage of Prop. 19
is an opportunity to begin a national discussion of how to better
control marijuana. Prohibition has been a failure, the marijuana war
has been expensive and damaging; there are better ways.

Proposition 19 is an opportunity for the lead law enforcement officer
to help the country change direction to a more just and fair society.
As long ago as 1972 a federal commission appointed by President
Nixon, the National Commission on Marijuana and Drug Abuse,
recommended decriminalization of marijuana. And, this was restated in
1982 by a commission of the National Academy of Science in their
report "An Analysis of Marijuana Policy" which urged consideration of
legalization. The experts have said throughout the time of the
marijuana war that it was the wrong approach, now the voters are
showing they agree. This is an opportunity for leadership from the
attorney general, leadership to a non-criminal approach to marijuana.

The U.S. criminal justice system is already seen by many as a system
of injustice. Why? Because the United States with 5% of the world's
population has 25% of the world's prisoners. One in 31 Americans is
either behind bars, on probation or on parole, for African Americans
it is one in 11 adults. This mass "criminal" population in "the land
of the free" shows something is terribly wrong. What drives a system
that results in 7 million Americans behind bars, on probation or
parole? No doubt, one of the driving forces is the war on drugs, and
marijuana is the driving force of the drug war with a marijuana
arrest every 38 seconds, 840,000 annually.

Hopefully, Attorney General Holder will re-think his plan to escalate
federal enforcement if a majority votes for ending criminal laws
against marijuana. He should instead lead the nation to laws that are
consistent with the essence of justice, i.e. being righteous and
fair. Is it righteous or fair to enforce laws that the majority says
should no longer exist?

Attorney General Holder - America needs real justice leadership. We
need a leader who will help the country face up to its mass
incarceration problem and its misuse of law enforcement to
incarcerate people who grow a plant or smoke an herb. Mr. Attorney
General you can do better than just saying - we're going to ignore
the people and keep arresting people for something they think should
no longer be illegal.