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Why the End of Federal Marijuana Prohibition May Be Only Five Years Away [FEATURE]

Submitted by Phillip Smith on (Issue #912)
Politics & Advocacy

This article was written in collaboration with AlterNet and first appeared here.

Rob Kampia thinks so, and he's a very well-placed observer. As head of the Marijuana Policy Project, Kampia has his finger on the pulse of pot politics as well as anyone, and he made a pretty startling prediction at the International Drug Reform Conference in suburban Washington last month.

MPP's Rob Kampia (YouTube)
At a panel on "Marijuana Reform in Congress," Kampia suggested that a handful of state-level marijuana legalization victories next year is going to set in motion a congressional debate on legalization that could see an end to federal marijuana prohibition before the end of the decade.

Legalization campaigns are already well-advanced in Arizona, California, Maine, Massachusetts, and Nevada, and while getting on the ballot is no guarantee of victory next November, polling so far suggests that most of them will win. And next year could also be the year the first state, and even perhaps a second, legalizes it through the legislative process.

Kampia said, "Vermont is most likely to legalize through the legislature, and Rhode Island has a good shot, but those are the only two states in play."

But then there are the initiative states.

"It could be that four or five initiative states legalize it, and then all of this is facing Congress in 2017," Kampia continued. "Then there will be a vigorous debate on legalization, and then, I predict, Congress could pass the states' rights bill in 2019."

Kampia is talking about something along the lines of this year's Respect State Marijuana Laws Act of 2015 (HR 1940), sponsored by Rep. Dana Rohrabacher (R-CA), which would amend the Controlled Substances Act (CSA) so that it would not apply to persons in compliance with marijuana laws in their state.

Passage of such a bill would not make marijuana legal everywhere -- that would be up to the individual states -- but would end the federal government's role in enforcing marijuana prohibition.

Kampia even suggested that Congress might get around to passing a bill to end federal pot prohibition before it gets around to passing a bill allowing states to enact medical marijuana laws without federal interference. That means legislation similar to this year's Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2015 (S 683), sponsored by Sens. Cory Booker (D-NJ), Kirsten Gillibrand (D-NY) and Rand Paul (R-KY) could languish while Congress leapfrogs its way to embracing legalization (or at least getting out of its way).

"All the attention will be on legalization," Kampia said, "and there's not a lot of tax revenue for the federal government with just medical marijuana, but if you're talking about the whole ball of wax, with substantial tax revenues, Congress might be inclined to go for the whole enchilada."

The MPP leader wasn't the only one in the room sounding upbeat that day. Drug Policy Alliance national affairs director Bill Piper said that when it comes to marijuana legalization, the train has already left the station.

"I'm very optimistic," Piper said. "The toothpaste is out of the tube. Even Chris Christie can't stop marijuana legalization. Once these initiatives pass in 2016, there's no way back."

The conventional wisdom among drug reformers used to be that we might see federal pot prohibition crumble by the middle of the next decade. But given the lack of disaster and the bonanza of tax revenue in legalization states so far, and the likelihood that a handful more will legalize it next year, that timetable is accelerating.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

malcolm kyle (not verified)

Juries, and their authority to nullify bad laws, exist as a last safeguard against tyrannical governments and their oppressive laws—those that are imposed by cowardly and corrupt politicians against the will of the population.  

 

When called for jury duty on a case concerning a drug violation with no overt act of violence, do not convict! If the offender is non-violent, do not send them to prison! Another person in a federal or state prison for drugs is not going to make society any better or our families any safer, in fact, it WILL do the exact opposite.

 

* It only takes one juror to prevent a guilty verdict.

 

* You are not lawfully required to disclose your voting intention, ether before or after taking your seat on a jury.

 

* You are also not required to give a reason to your fellow jurors on your position when voting—simply state that you find the accused not guilty.

 

* Jurors must understand that it is their opinion, their vote. It is of no consequence If the Judge or the other jurors disapprove; there is no punishment for having a dissenting opinion.

 

"The jury has the right to determine both the law and the facts."

—SAMUEL CHASE, 1804

 

"It is not only his right, but his duty...to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court." 

—John Adams, 2nd US President

Wed, 12/09/2015 - 6:05am Permalink
the virgin terry (not verified)

i was called for jury duty in texas (austin) nearly 20 years ago on a drug case, someone accused of some small sale of cocaine. during the voir dire i answered honestly a question posed by the prosecutor re. opposition to drug laws, and was promptly dismissed. one must be dishonest to get by questioning designed to cull independent critical thinkers from jury selection. even back then, i knew plenty enough to object to this sort of depraved persecution of violators of dogmatic puritanical laws based solely in ignorance, deceit, bigotry, and hysteria fueled by a corrupt establishment catering to 'special interests'... then, like now, i could barely contain the indignation and ill will i felt towards that prosecutor, representative of a vile 'war' establishment that didn't give a fuck about the damage to lives, families, communities, and society as a whole, they perpetrate.

sigh

the whole fuckin society/culture is insane. instead of fighting 'drugs', what surreally needs to be fought are dogmas and faith based non-critical thinking. it's faith based crazy beliefs, encouragement and reward (by 'authorities' (including powerful politicians) for irrationality and narrow/closed mindedness, that's behind the madness.

if u can, by all means employ jury nullification to neutralize corrupt prohibition laws on a case by case basis. every act of well informed sane conscience in that cause is commendable.

Wed, 12/09/2015 - 8:00pm Permalink
Dik Hed (not verified)

Undoubtedly, federal law has been changed since  1933 when they created a law that did not, in fact, make marijuana illegal.  What it did, was make it that anyone transporting marijuana, that is, across state borders, had to pay $100 per ounce.  One can imagine, $100 in those days would be about 5-10000$ in todays money.  However, that law was only for interstate transportation.  Remember, Timothy Leary was released in Texas because it was the feds who were prosecuting him, and the marijuana had not crossed any borders. 

Our government is so repressive, so self-righteous, so growing in danger, so grasping for answers to terrible problems that the government has created itself, that it has now reached the stage that only an Alexander who cut the gordian knot, is needed.  That means a military takeover.  Unfortunately, that Neo-Alex will most likely be a raving dictator. 

The way our economic system has been looted by banksters, republicans and democrats since Jimmy Carter is scandalous.  They have created a monster that will surely collapse of its own weight.  The middle class, what is left of it, will take the burden just as they have in the bush savings and loan scandal in the late 80's, as the middle class took it in the hind end in many other scandals since.

The psychopaths in government will use any excuse to be able to militarize the police to the point that NO-ONE dare point this out.  Drugs will ALWAYS be the culprit to use as a method for controlling peoples thoughts, at least until we people are able to stop it. 

Those people who do not wish to hear the truth about this will be the downfall of this nation.  Look to nazi germany for the answer.

Sat, 12/12/2015 - 3:47am Permalink

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