By their very title, the role of law enforcement officials has traditionally been limited to enforcing the laws handed down by our popularly elected officials. However, a letter jointly written by several national law enforcement agencies makes it clear that the majority of law enforcement agents feel they should be able to determine what policies and laws to follow. The letter, written in response to U.S. Attorney General Eric Holder’s August announcement that the federal government would not challenge laws passed by Colorado and Washington legalizing recreational marijuana, was signed by the Major County Sheriffs’ Association, the National Sheriffs’ Association, the Association of State Criminal Investigative Agencies, the International Association of Chiefs of Police, the National Narcotic Officers Associations’ Coalition, the Major Cities Chiefs Police Association and the Police Executive Research Forum. “It is unacceptable that the Department of Justice did not consult our organizations — whose members will be directly impacted — for meaningful input ahead of this important decision,” the letter read. “Our organizations were given notice just thirty minutes before the official announcement was made public and were not given the adequate forum ahead of time to express our concerns with the Department’s conclusion on this matter. Simply ‘checking the box’ by alerting law enforcement officials right before a decision is announced is not enough and certainly does not show an understanding of the value the Federal, state, local and tribal law enforcement partnerships bring to the Department of Justice and the public safety discussion.” Even though scientists have debunked the myth that marijuana is a gateway drug, the letter cited the gateway drug theory to oppose marijuana reform. Interestingly, the letter failed to address the fact that marijuana prohibition has not reduced marijuana usage among US residents, even while law enforcement has dramatically increased the number of jailed drug offenders.
One would think law enforcement officials would welcome eliminating a major revenue source for foreign and domestic organized criminals, however to the contrary, they have been staunch opponents of legalizing marijuana for personal or medicinal use because, while it remains contraband, marijuana is a major source of funding for law enforcement. Police departments are often able to keep a large portion of the assets they seize during drug raids, even if charges are never brought. And federal grants for drug war operations make up a sizable portion of local law enforcement funding. It is obvious that Law Enforcement has a financial incentive to maintain the “War on Drugs” and that they are willing to utilize unfounded data to support their anti-marijuana reform claims.
In addition, law enforcement officials seem to have entirely missed Holder’s emphasis on allowing Washington and Colorado a trial period during which the Justice Department will be very closely monitoring any negative effect to public safety, public health and other community interests. Coupled with Holder’s announcement was a memo issued to U.S. attorneys across the country by Deputy Attorney General James Cole. Cole’s letter stated that the administration’s decision rests on its expectation that the states would maintain strong and effective regulation and enforcement systems to address any threat to public safety and health.
Cole outlined eight priority objectives for federal prosecutors enforcing marijuana laws, meaning the federal Department of Justice will still prosecute individuals in order to prevent:
- the distribution of marijuana to minors;
- revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels;
- the diversion of marijuana from states where it is legal under state law in some form to other states;
- state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
- violence and the use of firearms in the cultivation and distribution of marijuana
- drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
- growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands;
- preventing marijuana possession or use on federal property.
Lastly, I find it wholly improper for police and law enforcement to challenge our elected officials and their administrators. Law enforcement has a very important role in our communities – to enforce laws and policies and to ensure that our communities are safe. They are completely misguided if they believe that their role is to establish such laws and policies. I hope that our guardians seek to better understand their role in society.
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Gilbert Garcia has been Passionately Pursuing Justice for over 30 years and founded The Gilbert G. Garcia Law Firm in 2008. The Gilbert G. Garcia Law Firm is a boutique law firm, specializing in Criminal Defense. Gilbert represents adults and juveniles accused of a crime and who have with a felony, misdemeanor or record cleaning case. Conveniently located on the courthouse square to serve Montgomery and Walker Counties. Gilbert became Board Certified in Criminal Law by the Texas Board of Legal Specialization in 1989. The Gilbert G. Garcia Law Firm is located at 220 N. Thompson St., Suite 202, Conroe, TX 77301. www.ggglawfirm.com.
Drug Related Charges may include: Possession of Marijuana, Possession of Controlled Substance, Possession of Dangerous Drug, Manufacturing a Dangerous Drug/Controlled Substance, Delivery or Intent to Deliver Marijuana/Dangerous Drug/Controlled Substance, Possession of Drug Paraphernalia and many other drug related charges.