Former DEA chiefs want feds to block state pot laws
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CHICAGO (AP) - Eight former U.S. drug chiefs warned the federal government Tuesday that time is running out to nullify Colorado and Washington's new laws legalizing recreational marijuana use, and a United Nations agency also urged challenges to the measures it says violate international treaties.
The former Drug Enforcement Administration chiefs criticized Barack Obama's administration for moving too slowly to file a lawsuit that would force the states to rescind the legislation. Marijuana is illegal under federal law.
"My fear is that the Justice Department will do what they are doing now: do nothing and say nothing," former DEA administrator Peter Bensinger told The Associated Press in an interview Monday. "If they don't act now, these laws will be fully implemented in a matter of months."
Bensinger, who lives in the Chicago area, said if the federal government doesn't immediately sue the states it'll risk creating "a domino effect" in which other states legalize marijuana too.
The statement from the DEA chiefs came the same day the International Narcotics Control Board, a U.N. agency, made its appeal in an annual drug report, calling on federal officials to act to "ensure full compliance with the international drug control treaties on its entire territory."
But Brian Vicente, co-author of the Colorado pot legalization law, said a handful of North American countries have expressed support for legalization.
"You have two states revolting and they're saying it doesn't work in their state and their community and it sends a strong message globally," he said.
U.S. Attorney General Eric Holder told a meeting of state attorneys general last week that he is still reviewing the laws but that his review is winding down. Asked Monday for a comment on the criticism from the former DEA administrators, Holder spokeswoman Allison Price would only say, "The Department of Justice is in the process of reviewing those initiatives."
The department's review has been under way since shortly after last fall's elections. It could sue to block the states from issuing licenses to marijuana growers, processors and retail stores, on the grounds that doing so conflicts with federal drug law. Alternatively, Holder could decide not to mount a court challenge.
The ex-DEA heads are issuing the statements through the Florida-based Save Our Society from Drugs. One of its spokesmen is based in Chicago.
The former DEA administrators are Bensinger, John Bartels, Robert Bonner, Thomas Constantine, Asa Hutchinson, John Lawn, Donnie Marshall and Francis Mullen. They served for both Republican and Democratic administrations.
Holder is scheduled to appear Wednesday before a U.S. Senate judiciary committee hearing. The former DEA chiefs want senators to question Holder on the legalization issue.
Advocates of legalization have welcomed Colorado and Washington's new laws, arguing that criminalizing drugs creates serious though unintended social problems. The ex-DEA heads say they disagree with that view.
After votes last fall, Colorado and Washington became the first states to legalize marijuana's recreational use - putting federal authorities in a quandary over how, or whether, to respond.
Washington state officials responsible for creating a regulated marijuana system have said they are moving forward with a timetable of issuing producer licenses by August.
Bensinger - who served as DEA administrator under Presidents Gerald Ford, Jimmy Carter and Ronald Reagan - said the supremacy of federal law over state law when it comes to drug laws isn't in doubt.
"This is a no-brainer," he said. "It is outrageous that a lawsuit hasn't been filed in federal court yet."
Advocates of less stringent drug laws criticized the ex-DEA heads later Tuesday.
Ethan Nadelmann, executive director of the New York-based Drug Policy Alliance, said the eight are destined to share the legacy of agents who enforced alcohol prohibition before that policy was deemed a failure and reversed in 1933.
"The former DEA chiefs' statement can best be seen as a self-interested plea to validate the costly and failed policies they championed but that Americans are now rejecting at the ballot box," Nadelmann said.
The former Drug Enforcement Administration chiefs criticized Barack Obama's administration for moving too slowly to file a lawsuit that would force the states to rescind the legislation. Marijuana is illegal under federal law.
"My fear is that the Justice Department will do what they are doing now: do nothing and say nothing," former DEA administrator Peter Bensinger told The Associated Press in an interview Monday. "If they don't act now, these laws will be fully implemented in a matter of months."
Bensinger, who lives in the Chicago area, said if the federal government doesn't immediately sue the states it'll risk creating "a domino effect" in which other states legalize marijuana too.
The statement from the DEA chiefs came the same day the International Narcotics Control Board, a U.N. agency, made its appeal in an annual drug report, calling on federal officials to act to "ensure full compliance with the international drug control treaties on its entire territory."
But Brian Vicente, co-author of the Colorado pot legalization law, said a handful of North American countries have expressed support for legalization.
"You have two states revolting and they're saying it doesn't work in their state and their community and it sends a strong message globally," he said.
U.S. Attorney General Eric Holder told a meeting of state attorneys general last week that he is still reviewing the laws but that his review is winding down. Asked Monday for a comment on the criticism from the former DEA administrators, Holder spokeswoman Allison Price would only say, "The Department of Justice is in the process of reviewing those initiatives."
The department's review has been under way since shortly after last fall's elections. It could sue to block the states from issuing licenses to marijuana growers, processors and retail stores, on the grounds that doing so conflicts with federal drug law. Alternatively, Holder could decide not to mount a court challenge.
The ex-DEA heads are issuing the statements through the Florida-based Save Our Society from Drugs. One of its spokesmen is based in Chicago.
The former DEA administrators are Bensinger, John Bartels, Robert Bonner, Thomas Constantine, Asa Hutchinson, John Lawn, Donnie Marshall and Francis Mullen. They served for both Republican and Democratic administrations.
Holder is scheduled to appear Wednesday before a U.S. Senate judiciary committee hearing. The former DEA chiefs want senators to question Holder on the legalization issue.
Advocates of legalization have welcomed Colorado and Washington's new laws, arguing that criminalizing drugs creates serious though unintended social problems. The ex-DEA heads say they disagree with that view.
After votes last fall, Colorado and Washington became the first states to legalize marijuana's recreational use - putting federal authorities in a quandary over how, or whether, to respond.
Washington state officials responsible for creating a regulated marijuana system have said they are moving forward with a timetable of issuing producer licenses by August.
Bensinger - who served as DEA administrator under Presidents Gerald Ford, Jimmy Carter and Ronald Reagan - said the supremacy of federal law over state law when it comes to drug laws isn't in doubt.
"This is a no-brainer," he said. "It is outrageous that a lawsuit hasn't been filed in federal court yet."
Advocates of less stringent drug laws criticized the ex-DEA heads later Tuesday.
Ethan Nadelmann, executive director of the New York-based Drug Policy Alliance, said the eight are destined to share the legacy of agents who enforced alcohol prohibition before that policy was deemed a failure and reversed in 1933.
"The former DEA chiefs' statement can best be seen as a self-interested plea to validate the costly and failed policies they championed but that Americans are now rejecting at the ballot box," Nadelmann said.
I wonder how much the drug cartels are paying Bensinger and his buddies?
@komoispropaganda
Do a google search and you will find the answer, this Bensinger guy is paid by Big Pharma.
The thing that Bensinger willfully refuses to understand (typical knee-jerk Republican I'd bet) is that the federal government NEVER has had authority to regulate the inTRAstate commerce in this plant. The feds had to pass a whole constitutional amendment in order to gain authority over alcohol in 1920 (since revoked/repealed). They never did such for cannabis. Without that, the Tenth Amendment pretty clearly restricts the feds from interfering with States' rights on anything not actually in interstate commerce. This is the same principle which allowed Nevada to maintain open public gambling long after the feds prohibited all such and all commerce in gambling equipment: they could not touch what Nevada decided to allow within that state. The same applies here: as long as cannabis is not sold as "medicine" or as "food" (and likely even then if it does not cross state lines) the feds have no authority whatsoever.Â
If this gets to SCOTUS, it will likely depend on the judges own personal views to some extent, but they will clearly have a difficult time justifying such a flagrant violation of States' Rights without VERY good reason.
I would like to ask Mr. Markovich where it says in the Constitution that Federal Law trumps state law? Â The only time this is true, is when the law is about something in the purview of congress. Â Those items are laid out specifically in the constitution, and drugs are not one of those items. Â Federal Law also does not apply to commerce and trade occurring wholly within a single state. Â Therefore, under the constitution, and the 10 amendment, the federal government has no authority to say boo about marijuana, grown and sold within the state of Washington.
Former DEA agent. As in......not anymore. He should be playing golf with his mouth shut.
I'd like to see these former DEA people do something meaningful like fortifying the border with Mexico.Â
The millions of people have spoken through their votes quite clearly in WA and Colo 4 months ago. Did the ex-DEA folk lose their voices and only now are finding it thanks to funding by Save Our Society from Drugs?
@Skip
The group "save our society from drugs" get's funding from the feds,Your tax dollars,through SAMSHA grants.
@Skip They are all a bunch of Republicans who believe the ONLY legitimate purposes of government are to (1) fight wars on behalf of large corporations, and (2) enforce "laws" against personal choice.Â
Since when does the UN dictate what the U.S.A. does? Our own legislature doesn't adhere to the populace vote, why do we expect the State's rights to be upheld? This administration isn't functioning except to taxi a POTUS around on golf vacations to avoid doing his job! Four more years of this? (sigh, nothing surprises me anymore...)
BTW, this is why even in nations where cannabis is "legal" - Netherlands, Italy, some others - it really is not. It is merely decriminalized up to certain amounts and the law prohibits enforcement of the law (literally). The whole reason is that actually removing the laws against cannabis would be a violation of treaties engineered by the United States for the specific purpose of forcing "our" will on other nations and forcing federal rule on the States in violation of the Tenth - which treaties are beneficial to the other nations in areas of trade, cooperation in law enforcement, banking, etc. It was all a matter of bait, lasso and hogtie other sovereign nations and the rights of States in one fell swoop.
@Raleigh Knowing that the drug laws are weak due to the Tenth Amendment - and as a means of enforcing drug laws against supplier nations - anti-drug forces put pressure on the U.N. to make anti-drug statutes a requirement in nations worldwide, and on the State Department to incorporate anti-drug provisions in to international treaties as a way of circumventing the Tenth. But the truth is that the Constitution does not grant Congress power to make treaties which violate States' Rights to govern activities wholly in inTRAstate commerce. The treaties themselves - possibly including several relevant to the U.N. itself - were ratified in violation of the Constitution and are therefore likely invalid.Â
The trick will be convincing SCOTUS.
@Raleigh The New World Order, do as your told.
Oh yeah Blindman, you're right! I forgot,
Apparently these people didn't learn a thing from history. Making it against the law has not stopped it and yet we keep pouring billions of dollars into this so called "war on drugs". There seems to be a huge disregard in this country for the will of the people. Now even the retired career politicians are coming out of the woodwork to protect their pet projects.
All I can really say here is ... for sure I do not smoke pot and much care for it...
...BUT...
I am not stupid enough to not to see that the reason it is illegal by the federal law is because of the tobacco lobby made it so!
Don't cause trouble for those who choose not to smoke the junk 'smells like cow feces' to me... and do it in the privacy of your home, and don't drive stoned! Be courteous to those who do not share your love for this stuff as well....
Gosh the 405 corridor last few months I have smelt that crap as I was driving home ... made me almost gag as it stunk so bad!...honestly I don't know what is worse traffic or having to smell that stuff... my downstairs neighbor could not open his windows in the summer as the smokers underneath him smoked that junk...thankfully it didn't get up to me in such a strong way so I could leave my windows open -_- ... eww...disgusting!...and I cannot wait until I can move to a house of my own and sell my current place...I so yearn for a little more privacy which my current place no longer gives me enough of -_-
But I will invest in the businesses that want to make it... I like money and if it makes me some extra bucks alright... the capitalist in me will accept it - I'll eventually get over my rejections of it if I make enough off it I'm sure
Alls I know is, ever since this law got passed...it's had absolutely no impact on my life whatsoever.
@Sparky2112 Well Sparky.... there were a few who did benefit.... as I recall.... there were some minor pot cases dismissed.... although.... It hasn't started raining marijuana from the heavens....
These DEA guys are just bitter that their work fighting illegal drugs was a sham and they wasted their careers.Â
@lakeview Not to mention billions of taxpayer dollars.
@Mikeftm And thousands of Americans jailed.
Thats some war, that War on Drugs. Who is the enemy again?
http://www.youtube.com/watch?feature=player_detailpage&v=coAEiwhejgo
well my question is what are they going to do when we all decide to take a stand all at onceÂ
@Christopher Hedman The democracy will return. The only thing that makes a democracy work is when the politicians fear the people. Return to the concepts of democracy and things will change.
@Christopher Hedman Then the UN will bring on the 'blue hats'.
@Christopher Hedman PANIC!!!
ahh yes freedom
http://www.youtube.com/watch?feature=player_detailpage&v=gr_OpFxCx-A
@Funky-Munky as funny as that is no one wants Mel Gibson as their spokesperson!! That guy is fn nuts!
@stillywack @Funky-Munky The words kind of fit the cause.... just a bit of fun! No harm done...
@stillywack @Funky-Munky In a way.... "we the people" are at odds with our government...Â
@Funky-Munky @stillywack oh absolutely, I laughed! :)
We must take this state by state government first, because we already know that the federal congress is pretty much incapable of doing anything at the moment.
so if a domino effect happens and pot becomes legal across the nation, who are they to stop the will of the people as a whole? What gives these few people the constitutional right to determine what is legal and what isn't. The people are supposed to be the ones making the laws, not the executive branch.
Mind your own business!!!
well im outta here time to go smoke
@Christopher Hedman I am smoking and typing.... Ha!
@Funky-Munky @Christopher Hedman Love It Me Too Medicating ~N~ Typing :-)
@Christopher Hedman @Yvette Kohler-Colon @Funky-Munky FREEDOM!!!!
@Yvette Kohler-Colon @Funky-Munky @Christopher Hedman had a good smoke now were were we
@Christopher Hedman Medicating As We Speak :-)
So wierd the Feds want to fight weed when they put a patent on it which was granted to them in 2003.
http://www.medicinehunter.com/patent-pot
 They probably want big Pharm companies to profit from this as big Pharm are the only LEGAL drug dealers/pushers.
@stillywack The patent is not valid. Already been proven in court. You can not patent a natural plant. You can patent hybrids though individually. Everyone knows this is one of natures most beneficial plants, but the money made off of prohibition is just too big. Its really not much different with the prohibition of alcohol, coca leaves, poppy plants and tons of other beneficial plants. Just too much money being made off of keeping prohibition in place.
Someday maybe we will have a political party that believes in inalienable rights but we're not there yet. No government agency has the right to tell you what to put in your body.
@Blindman @stillywack Really? Do you have a link? That would be sweet if this got thrown back in their faces. Even if this patent got shot down, and hopefully you are right and it did, but the fact remains that they did patent it at one point. The noteables are in the patent wording about how beneficial this plant can be to the medical industry, yet they try to demonize it every chance they get.
@stillywack Speak On It I LOVE IT :-)
The Feds are like Doc Holiday, their hypocrisy knows no bounds!
Remember the, " WE THE PEOPLE" Â part? The feds need to mind their own business, and stay the hell out of the way.
"We the people" voted on it.
Option 1:Â STFU and move on, you have WAY more important issues to deal with.
Option 2:Â Bring your lawyers and try do something about it, we'll bring ours.
@dhsea206Â But our goverment is going to want to deal with this of course so that way they have an excuse not to take care of the matters that really matters in our country and our state
@dhsea206 Oh, yes in the meanwhile we all will still do as we damn well please.....  :)~
@Funky-Munky @dhsea206 I agree