Federal government should nullify state’s marijuana law, former DEA chiefs say

  • By Michael Tarm The Associated Press
  • Tuesday, March 5, 2013 9:37am
  • News

By Michael Tarm

The Associated Press

CHICAGO — Eight former Drug Enforcement Administration chiefs said today that the federal government needs to act now or it might lose the chance to nullify Washington’s law legalizing recreational marijuana use.

They also said the same about Colorado’s law, passed by voters the same election day that Washington’s voters approved an initiative last November.

The statement came on the same day a United Nations-based drug agency urged the U.S. government to challenge those laws, saying they violate international drug treaties.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

The onetime DEA heads issued joint statements saying the Obama administration has reacted too slowly and should immediately sue to force the states to rescind the legislation.

One of the former DEA administrators, Peter Bensinger, told The Associated Press the day before that the more time that goes by, the harder it’ll be to stop the two states. Marijuana is illegal under federal law.

Bensinger, who lives in the Chicago area, said the government must immediately sue the states or risk creating “a domino effect” in which other states follow suit.

“My fear is that the Justice Department will do what they are doing now: do nothing and say nothing,” said Bensinger. “If they don’t act now, these laws will be fully implemented in a matter of months.”

The U.N. agency, the International Narcotics Control Board made its appeal in an annual drug report, calling on federal officials to act to “ensure full compliance with the international drug control treaties on its entire territory.”

U.S. Attorney General Eric Holder told a meeting of state attorneys general last week that he is still reviewing the laws but that his review is winding down. Asked Monday for a comment on the criticism from the former DEA administrators, Holder spokeswoman Allison Price would only say, “The Department of Justice is in the process of reviewing those initiatives.”

The department’s review has been under way since shortly after last fall’s elections. It could sue to block the states from issuing licenses to marijuana growers, processors and retail stores, on the grounds that doing so conflicts with federal drug law. Alternatively, Holder could decide not to mount a court challenge.

The ex-DEA heads are issuing the statements through the Florida-based Save Our Society from Drugs, a national group lobbying against legalization. One of the group’s spokesmen is based in Chicago.

The former DEA administrators are Bensinger, John Bartels, Robert Bonner, Thomas Constantine, Asa Hutchinson, John Lawn, Donnie Marshall and Francis Mullen. They served for both Republican and Democratic administrations.

Holder is scheduled to appear Wednesday before a U.S. Senate judiciary committee hearing. The former DEA chiefs want senators to question Holder on the legalization issue.

Advocates of legalization have welcomed Colorado’s and Washington’s new laws, arguing that criminalizing drugs creates serious though unintended social problems. The ex-DEA heads say they disagree with that view.

After votes last fall, Colorado and Washington became the first states to legalize marijuana’s recreational use — putting federal authorities in a quandary over how, or whether, to respond.

Washington state officials responsible for creating a regulated marijuana system have said they are moving forward with a timetable of issuing producer licenses by August.

Bensinger — who served as DEA administrator under Presidents Gerald Ford, Jimmy Carter and Ronald Reagan — said the supremacy of federal law over state law when it comes to drug laws isn’t in doubt.

“This is a no-brainer,” he said. “It is outrageous that a lawsuit hasn’t been filed in federal court yet.”

Others, however, said tough drug laws can sometimes be part of the problem.

The director of the Open Society Foundations’ Global Drug Policy Program, Kasia Malinowska-Sempruch, blamed repressive drug laws for millions of arrests and called on the United Nations General Assembly to reconsider its approach when it holds a special session on drugs in 2016.

More in News

Family members of the late Mike McAleer, from left, McAleer’s wife, Shannon Burke, son Michael McAleer and daughter Colleen McAleer, accept the Clallam Economic Development Council’s Olympic Leader Award at Friday’s annual EDC Gala at 7 Cedars Casino in Blyn. (Keith Thorpe/Peninsula Daily News)
Former volunteer named Olympic Leader at EDC gala

Mike McAleer served on boards, provided support

Jefferson County discusses rules for rental units

Public comments to be accepted through Friday

U.S. Rep. Emily Randall, D-Bremerton, speaks about current issues during a town hall meeting on Saturday in the Little Theater at Peninsula College in Port Angeles. Several hundred people attended, including an overflow audience in the Pirate Union Building. (Keith Thorpe/Peninsula Daily News)
Town hall

U.S. Rep. Emily Randall, D-Bremerton, speaks about current issues during a town… Continue reading

Firefighters rescue woman from house fire

Firefighters and neighbors rescued a woman and three dogs following… Continue reading

Firefighters from East Jefferson Fire Rescue extinguished an RV fire early Monday morning on Marrowstone Island. (East Jefferson Fire Rescue)
Firefighters put out RV fire on Marrowstone Island

East Jefferson Fire Rescue extinguished an RV fire in… Continue reading

Soroptimist International of Sequim’s Medical Loan Closet seeks a business or community organization that can take advantage of its nonprofit status to provide it with an 800- to 1,000-square-foot space. (Soroptimist International of Sequim)
Soroptimists seek partner for Medical Loan Closet

Soroptimist International of Sequim’s Medical Loan Closet has provided free… Continue reading

Shop With a Hero program partners with Mariners

The Clallam County Shop With a Hero team has… Continue reading

Celebrations set this week for World Water Day

The Elwha Legacy Forests Coalition and the Earth Law… Continue reading

Forum to discuss Charter Review Commission

The Clallam County Democrats will host a forum on… Continue reading

Jeannine Vaughn of Carlsborg looks a gems and jewelry at a display table operated by Steve Morgan of Joyce-based Lil’ Log Cabin Creations on Saturday at the Clallam County Rock, Gem and Jewelry Show at Vern Burton Community Center in Port Angeles. The show, hosted by the Clallam County Gem & Mineral Association, brought together rock enthusiasts with vendor booths and demonstrations highlighting the hobby. (Keith Thorpe/Peninsula Daily News)
Gem show

Jeannine Vaughn of Carlsborg looks a gems and jewelry at a display… Continue reading

Sequim City Council members will discuss March 24 how the city’s Fourth of July fireworks display, pictured in 2022, impacts wildlife and residents. Local advocates made the request to council members in February to stop the fireworks display and move the drone show away from wildlife habitat at Carrie Blake Community Park. (Michael Dashiell/Olympic Peninsula News Group file)
Sequim City Council to discuss fireworks

Grassroots group advocates for changes

Interact Club members fill jugs and buckets in the Dungeness River for the annual Walk for Water event on March 1. They walk about 4 miles roundtrip to symbolize how far some people must go for drinking water. They raised more than $5,000 to help build a well in a Ghana village. (John Pehrson)
Sequim High students raise money through Walk for Water

Interact Club helps fund another well in Ghana