A bold new path: Moving beyond prohibition in Colorado and Washington [View all]

[RainDog]

http://blog.chron.com/bakerblog/2013/01/a-bold-new-path-moving-beyond-prohibition-in-colorado-and-washington/

Insight and analysis from the James A. Baker III Institute for Public Policy at Rice University.
In a three-part installment of Baker Institute Viewpoints that starts today, experts examine possible regulatory frameworks for legalized marijuana. Leading off for Viewpoints is guest writer Tom Heddleston, Ph.D., whose dissertation examined the formation and development of the medical marijuana movement in California.

...Colorado has taken a contrasting approach by centralizing dispensary regulations and their enforcement in the Department of Revenue. Although cities have the option of banning or allowing dispensaries, the same state regulations tie the Colorado dispensary system together. Colorado’s uniform guidelines contribute to the legitimization and transparency of dispensaries in the state.

...Amendment 64 and I-502 will allow state and local governments the ability to actively regulate the cultivation, sale and consumption of cannabis. By restricting use and sale to those over 21, limiting public advertising and signage, and specifying labeling and quality control, policymakers will increase their capacity to shape who consumes cannabis and how it is produced and taxed. Such policy outcomes are unavailable when the criminal law is used exclusively. Criminalization channels the cannabis economy into the illicit market, where age and quality control limits are nonexistent and inflated profits fuel violence and corruption.

It appears that federal law enforcement agencies may allow the states to enact their policies with minimal interference. According to the Seattle Times, Washington Gov. Jay Inslee expressed his commitment to implementation in a meeting with U.S. Attorney General Eric Holder. It is difficult, however, to forecast whether federal law enforcement agencies will work against the implementation of the new laws over the long term. If they do it begs two questions: Whose interest is served when federal law enforcement agencies work to undermine state and local efforts to increase their capacity for regulation? Why do federal agencies seek to maintain an approach that criminalizes a large segment of otherwise law abiding citizens and burdens ethnic minorities with a disproportionate share of criminal penalties?