Cheshire Cat Photo Blog(...said the Cat: 'we're all mad here....')

U.S. Attorney General Eric Holder says that the federal government will enforce federal marijuana laws, even if California voters vote to make California the first state to legalize the drug in the November election. California’s Proposition 19 would legalize recreational use of marijuana under state law. My son and I had the same reaction: nothing has changed, so why is this news? Federal law still supersedes California state laws (although I wish that the federal Executive Branch were a little more active in protecting the Second Amendment Rights of Americans living in California from infringement by CA state law). It’s nice to be able to pick and choose which laws to enforce.

According to the Associated Press, Holder wrote, “We will vigorously enforce the CSA against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law.” Marijuana is, oddly enough, a “Schedule 1” drug.

No, I don’t use marijuana, and I am not an advocate for its use by healthy people. California, 13 other states, and the District of Columbia have legalized medical marijuana. Yes, I think that marijuana legalization might pose additional problems with regard to “driving under the influence” enforcement and would pose an additional challenge for young Californians. I also believe that the medical benefits of marijuana or some of its component chemicals have not been adequately investigated scientifically, as the result of the drug’s illegal status and the politics of the drug.

(Note added November 1, 2010: “Former U.S. Surgeon General Joycelyn Elders told CNN Sunday she supports legalizing marijuana.“)

I have always objected to legislators (U.S. or state) using laws to DEFINE things into something that they are not (as the arrogant Humpty Dumpty said to Alice in Through the Looking Glass… – `When I use a word,’ Humpty Dumpty said, in rather a scornful tone, `it means just what I choose it to mean — neither more nor less.‘). For example, under Ohio law at the time I left the state, a semi-automatic or bolt-action firearm was DEFINED to be a “machine gun” when equipped with a certain magazine capacity. Did the extra capacity “magically” transform the firearm into a machine gun? No. Machine guns have different mechanisms. Similarly, marijuana has been defined to be a “narcotic” under federal law, even though it clearly does not meet the medical definition of a narcotic.

My only question is, “Will Attorney General Holder’s statement influence the votes of California’s voters in next month’s election?” It might just influence MINE.

The U.S. has seen the failed attempts to regulate the drug through criminalization, for OVER 100 years, beginning with restrictions for sale in the District of Columbia in 1906. It might be time to try another approach. I do not relish the thought of stumbling into an illegal (and often well-guarded) marijuana farm while photographing National Parks and National Forests in California.

Marijuana is a $14 billion industry in California – the state’s largest cash crop. If you think about how many people the state of California FEEDS with all of the crops here, and how much WINE we produce from wine grapes, that statistic is truly AMAZING! Much of that $14 billion is now channeled into criminal activities and drug cartels. Some in California government would like to see marijuana regulated and TAXED instead, like alcohol and tobacco. Plus, some officials would like to see reduced spending on state law enforcement against recreational marijuana use.

Nothing in the U.S. Constitution requires California to criminalize anything under state law. Stephen Gutwillig, the Drug Policy Alliance‘s California director, said:

“The reality is that the federal government has neither the resources nor the political will to undertake sole — or even primary — enforcement responsibility for low-level marijuana offenses in California,” he said. “Well over 95 percent of all marijuana arrests in this country are made by state and local law enforcement. The federal government may criminalize marijuana, but it can’t force states to do so, and it can’t require states to enforce federal law.”

In 2008, there were more than 847,000 marijuana-related arrests in the U.S. and just over 6,300 suspects were booked by federal law enforcement, or fewer than 1 percent.

Los Angeles County‘s top law enforcers said Friday that they would help the federal government regardless of the outcome on Proposition 19. Fascinating.

Do I believe that federal law enforcement folks would SELECTIVELY (and punitively) focus their limited resources on California if voters pass Proposition 19? Oh yes. They may already be doing it now.

(Note added October 18, 2010: Today, authorities in the Mexican border town of Tijuana (bordering the greater San Diego, CA area) seized 105 TONS of marijuana, “the largest bust in years!” It makes me wonder how much they MISSED! Police seized 10,000 packages of marijuana [the photo is quite dramatic] and confiscated trailers, trrucks, and “two large firearms.” [Hmmmmm…. “bigger than a breadbox?” ] The article notes that more than 28,000 people in Mexico have DIED from drug-related violence since 2006, according to authorities. Is this an example of SUCCESS in the “war on drugs?”)

(Note added October 20, 2010: The final tally was 134 TONS of marijuana in the Tijuana haul, and officials began BURNING it today!)

(Note added October 25, 2010: Last night, four heavily armed men charged into the Centro de Rehabilitacion El Camino drug rehabilitation center in Tijuana, lined people up and shot them execution style, killing 13. According to CNN:

“The dead were identified as: Irineo Godinez Garcia, 47; Antonio Mesa Contreras, 56; Bernabe Alvarez Piceno, 35; Jose Lopez Sauceda, 28; Fabian Gonzalez Zea, 19; Juan Daniel Casi Esquer, 32; Wilson Ramírez Pena, 42; Joaquin García Hernandez, 39; Jorge Palacio Goya, 37; Pedro Villegas, 30; Juan Roberto Sanchez Ortega, 30; Edwin Vargas Avila, 33; and Salvador Bustos, 30.”

The killings occurred one day after armed men stormed into a house party in Ciudad Juarez, across the Texas border, and killed 14, wounding 14 more. Yeah, yeah, illegal pot is a great idea, and we are clearly winning the drug war. )

(Note added November 4, 2010: Well, California’s Proposition 19 was defeated and recreational (but not medical) marijuana use remains illegal. The NEXT DAY [yesterday], a 600-yard tunnel and 30 TONS on marijuana was discovered in San Diego and Mexico! It looks the situation may “play on” forever! I find the strategy of the marijuana war similar to Robert McNamara’s failed strategy in Vietnam: if the U.S. Government can “kill” more marijuana than “the bad guys” can grow, the U.S. Government “wins!” We shall see what happens.)

-Bill at

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