Then, two politically “conservative” regions of California – San Bernardino County and San Diego County-refused to implement the new pot program. So the state government sued the two counties, and the counties put their Attorneys to work to defend them against the state. And this ended in a decision at the California State Supreme Court that determined that the counties had to do what the state told them to do with the pot shops – and all of this cost taxpayers lots of money.
By this time, cities and counties all over California began realizing that they had no choice – they had to allow for “medical pot shops.” So the elected lawmakers in the city and county governments began asking their city and county Attorneys “how do we establish zoning laws for the pot shops? Should pot shops be allowed near schools or shopping malls? Should we try to keep them away from kids? If we restrict the hours of operation for the pot shops, will we still be in compliance with the state mandates?” This consumed lots of “man hours,” required lots of professional expertise and input – and it was all done at taxpayer expense.
California’s legal, administrative, and law enforcement chaos hasn’t been confined by its borders- there have been plenty of confrontations with federal authorities along the way as well. With “medical pot” being the law of the land in California, law enforcement agencies and courts are put in a bind: they can enforce and uphold federal law on pot, or they can enforce and uphold state law on pot, but they can’t do both because the state and federal law is on conflict.
During the Clinton presidency, the federal government was mostly “hands off” with California’s medical marijuana efforts. As the program began to unfold, the Bush Administration was more inclined towards intervention.
The Obama Administration began on a note of tolerance with medical marijuana in California, but within a couple of years Attorney General Eric Holder was issuing warnings about the issue being inadequately regulated, and the various U.S. Attorney’s offices in California have initiated a variety of “probes” and “investigations” – all of which have cost lots of taxpayer dollars.
Pot lovers are passionate about their drug of choice, and will say just about anything to try and legitimize it. The argument starts over “medicinal pot,” but the end goal around the country is what Colorado got: legalized recreational pot. “Let’s treat it just like alcohol,” the reasoning goes, “legalize it, then regulate it, then tax it.”
But it’s not “just like alcohol,” at the individual state level. Pot is still highly illegal under federal law, and multiple layers of federal bureaucracies and multiple federal agencies with lots of career governmental employees have a vested interest in keeping it illegal.
So good luck, Colorado. But beware in the other 49: trying to defy the feds over pot unleashes legal, administrative, and law enforcement chaos – and almost nobody is trying to safeguard the taxpayer in the midst of it all.
Austin Hill is an Author, Consultant, and Host of "Austin Hill's Big World of Small Business," a syndicated talk show about small business ownership and entrepreneurship. He is Co-Author of the new release "The Virtues Of Capitalism: A Moral Case For Free Markets." , Author of "White House Confidential: The Little Book Of Weird Presidential History," and a frequent guest host for Washington, DC's 105.9 WMAL Talk Radio.