Tucson Progressive

Pamela J. Powers, a progressive voice for Arizona

California medical marijuana crackdown: Is it Tom Horne’s fault?

Late last week US attorneys announced a crackdown on the “large, for-profit medical marijuana industry” in California.

From CNN

[The attorneys sent] letters of warning to landlords and lien holders of places in which marijuana is being sold illegally, “civil forfeiture lawsuits against properties involved in drug trafficking activity” and numerous criminal cases. The latter refers to arrests in recent weeks related to cases filed in federal courts in Los Angeles, San Diego, Sacramento and Fresno, all part of an effort that [US attorney Benjamin] Wagner claimed has resulted in the seizure of hundreds of pounds of marijuana, tens of thousands of plants and hundreds of thousands in cash.

In 1996, California became the first state in the US to legalize medical marijuana, and since then, dispensaries and growing operations have multiplied and prospered in California. In a domino effect, 15 states– including Arizona– have followed suit and created boutique laws regulating the sale, cultivation, and distribution of medical marijuana, AND cities and counties have created lower tiers of regulations to control where dispensaries and growing operations can be located and who can grow their own marijuana.

Even with layers upon layers of legislation, the bureaucrats and politicians have not been able to really control the spread of marijuana use. According to US government statistics, 16.7 million Americans 12 and older used marijuana at least once in the previous month (2009 data). Marijuana is believed to be the most widely used illegal “drug” in the US.

A poll released in August 2011 revealed that 55% of Americans support full legalization of marijuana— with Democrats (63%-33%)  and Independents (61%-34%) favoring marijuana legalization and most Republicans (46%-56%) oppose the change. An ABC News poll from 2010 showed 81% of Americans support medical marijuana. Many states, counties, and cities have decriminalized possession of small amounts of marijuana.

With such widespread use of marijuana, majority support for legalization, and a burgeoning industry: What’s the big deal? Why are the feds cracking down now, when they have allowed this industry to grow and spread for 15 years? Because they’re making money. Legislation in California, Arizona, and other states dictates that medical marijuana should be a nonprofit industry. (What’s up with that? Aren’t we a country of capitalists?)

From FOX News in LA

Pot shops around Southern California have been raided, including a growing operations in Riverside County. In Orange County, federal agents moved to seize a property in a forfeiture action on Thursday, and Drug Enforcement Agents raided several shops in San Diego County.

Federal agents announced Friday that medical marijuana shops operating outside of state law must close within 45 days or face civil and/or criminal prosecution.

“While California law permits collective cultivation of marijuana in limited circumstances, it does not allow commercial distribution through the store-front model we see across California,” U.S. Attorney Andre Birotte Jr. said yesterday.

Warning letters have been mailed to dozens of pot shops and landlords that have been targeted.

Marijuana advocates said it was waste of federal resources.

A year or more ago, as many as 1,000 pot shop were in business in and around Los Angeles as confusion reigned over state and local laws regulating marijuana.

Back to my question: Why crack down now? My personal theory is that this is all Governor Jan Brewer’s and Arizona Attorney General Tom Horne’s fault. Arizona voters legalized medical marijuana in 2010– much to the chagrin of our Nanny State government. Since that passage, the state, county, and city governments in Arizona have thrown up dozens of roadblocks to implementation (ie, strict local zoning laws for dispensaries and growers, licensing fees*, a steep $130 annual fee* for medical marijuana cards, physician referrals, etc.)

The biggest roadblock Horne and Brewer could come up with was a full-on legal challenge to the federal government (something Arizona relishes). Horne and Brewer are asking the feds to clarify the question of legality. How can medical marijuana be legal, when marijuana is illegal? Can state employees be arrested for participating in the distribution of marijuana? Even though 1000s of Arizonans have jumped through the hurdles, paid the annual fee, and now hold a medical marijuana cards, Horne has halted implementation of the law until he receives a ruling from the federal government.

The federal government’s stance on medical marijuana is untenable. In some ways, the policy of looking the other way while marijuana use proliferates is like the government’s Don’t Ask Don’t Tell policy. “Hide your sexuality, and we won’t prosecute you.” “Hide that joint, and we’ll pretend you’re not smoking pot.”

US attorneys are challenging and shutting down a well-established, wide-spread, successful industry in because distributors are making money– not unlike the German brewers who were targeted by the temperance movement. Except for the temporary prohibition of alcohol— which led to widespread illegal use– what other product or industry has been persecuted like this?  The sale of other mood-altering and sometimes-addictive drugs– pharmaceuticals, alcohol, and tobacco– is legal in the US and those industries do not have nonprofit status forced upon them. Why marijuana?

Maybe the time has come for legalization. I believe that the US attorneys are forcing a lawsuit (or multiple lawsuits) by cracking down on the country’s largest medical marijuana businesses. The patchwork of marijuana laws across the US is silly and inefficient, and the nonprofit requirements for medical marijuana are contrary to the country’s pro-business, for-profit underpinnings.

Many progressives have been disgruntled with President Obama’s conciliatory behavior toward Congressional conservatives; they feel that he has too often given in or compromised too early. Obama’s administration is not without progressive milestones. He increased the minimum wage, passed landmark healthcare reform, passed banking reform, repealed Don’t Ask Don’t Tell, extended unemployment benefits, funded 1000s of teacher salaries and other public jobs when the states went broke, caught Osama bin Laden, tried to pass the DREAM Act, and continues to try to protect social safety net programs from Republican raids. What if he brought home the big kahuna– legalization of marijuana?

One of the reasons President Roosevelt and progressives repealed the prohibition was that the country needed that tax revenue from the sale of alcohol; our country could use the tax revenue from the sale of legal marijuana now. For this reason, some economists have predicted that legalization of marijuana is inevitable.  Tom Horne and Jan Brewer may have pushed this issue forward.

*P.S. The 1000s of medical marijuana cardholders who have paid $130 for a card and the dozens of businesses who have rented space and paid state fees and have been prohibited from conducting legal business by Horne’s political lawsuit should sue the state.

11 comments on “California medical marijuana crackdown: Is it Tom Horne’s fault?

  1. Cris Ericson
    October 11, 2011

    PLEASE, pretty please Sign the Online White House citizen Petition to DEMAND and AMENDMENT to the U.S.CONSTITUTION to END Marijuana, Marihuana, Cannabis and Hemp PROHIBITION. http://wh.gov/gP1 This is a case sensitive link, you must use upper case capitol P. http://wh.gov/gP1 PLEASE CLICK & SIGN NOW! http://wh.gov/gP1 Thank you! Cris Ericson (802)875-4038


  2. Marijuana
    October 11, 2011

    Obama and the federal government is overstepping its bounds by impeding on the rights of states to individually govern themselves without federal interference. Prohibition is not working and Obama promised to end the trampling of states rights. Time to hold him accountable.


  3. Jillian Galloway
    October 11, 2011

    Nixon’s prohibition has completely failed to end marijuana use in the U.S. – it’s had FORTY YEARS to achieve this goal and to date it’s not even come close!
    If these moralists can stop people buying and using marijuana then they should DO SO. But if they can’t, then they have a moral obligation to allow our supermarkets to sell legally-grown marijuana to adults at prices low enough to prevent illegal competition.
    Massive, unrelenting demand and zero legal supply is a BAD combination that draws drug dealers into our neighborhoods and *reduces* the safety of our children. Speak up parents – protect your children with legal adult marijuana sales!


    • Gary DiNardo
      October 11, 2011

      This is reasonable.


  4. Gary DiNardo
    October 11, 2011

    Although Horne is a j**k, he’s OUR j**k. The blame for this crackdown falls squarely on Obama. He said he wouldn’t make this a priority, so he either lied or he has no control over his Executive Branch.


  5. Zelot
    October 11, 2011

    Legalize it already. Look at what is going on in Mexico! That is already spreading here! Weed is the Mexican cartels main cash crop. Legalizing it would give a HUGE blow to the Mexican cartels.


    • Fraser007
      October 11, 2011

      Good answer if you take dope. Did you think that maybe you are part of the problem?


      • leftfield
        October 11, 2011

        Not sure about marijuana, but I read recently that researchers have determined that taking “Magic Mushrooms” can improve one’s personality, fraser.  Take two.


  6. Jon
    October 11, 2011

    Bottom line, the Federal government should not spending our tax resources on this.  There is no legitimate authority for Federal involvement, just an absurd expansion of Federal authority on this and many other matters which was fabricated by the Supreme Court under the guise of Interstate Commerce. 


  7. leftfield
    October 11, 2011

    Myself, I take the same approach towards pot as the wing nuts take towards guns – “Pot doesn’t kill people, people kill people”.  Or, if you prefer, “When pot is outlawed, only outlaws will smoke pot”.  And, don’t forget, any problems associated with pot, just as it is with guns, could be solved if there were only more people smoking pot. 

    Just think, if Bush and Cheney had been home smoking, watching TV and eating cheese doodles instead of hatching invasion plans, what a better world this might have been.   Indeed, I do believe both of them could justify calling it “medically necessary”.


  8. Facts
    October 11, 2011

    Fact of the matter is that alcohol costs society more money than the taxes they bring in.  It costs billions a year, that we all pay for.  Sounds brilliant to me…let’s add another substance so people can get high at the expense of tax payers.  “medial” marijuana is nothing but a smoke screen to full legalization.  I would have more respect for the pro-drug lobby if they quit hiding behind sick people…completely unethical!  


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The Tucson Progressive: Pamela J. Powers

I stand on the side of Love. I believe in kindness to all creatures on Earth and the inherent self-worth of all individuals–not just people who agree with me or look like me.

Widespread economic and social injustice prompted me to become a candidate for the Arizona House, representing Legislative District 9 in the 2016 election.

My platform focused on economic reforms to grow Arizona’s economy, establish a state-based public bank, fix our infrastructure, fully fund public education, grow local small businesses and community banks, and put people back to work at good-paying jobs.

In the Arizona House, I was a strong voice for fiscal responsibility a moratorium on corporate tax breaks until the schools were fully funded, increased cash assistance to the poor, expansion of maternal healthcare benefits, equal rights, choice, unions, education at all levels and protecting our water supply.

After three terms, I retired from the Arizona Legislature in January 2023 but will continue to blog and produce my podcast “A View from the Left Side.”

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