Tuesday, February 18, 2014

Inconsistency, and the New Prohibition

If there is one phrase that you may tell the world something that could be controversial there is an old adage that there is "no time like the present.... or Friday".
Administrations have done this for years figuring that most news organizations, barring an unforeseen catastrophe, have already put together their stories for the Sunday papers and have lined up their guests for the Sunday Morning talk shows. The last two administrations keep forgetting that this is a digital age and "dumping" the news onto the media isn't as overwhelming as it may have been at one time.
This past Friday, The Obama Department of Justice, dumped a policy change with regard to the banks and marijuana. It was announced that the banks in states where the sale and usage of pot was legalized for recreational or medical reasons, no longer would be prohibited from accepting deposits and other transactions from state-licensed facilities.
On the surface, one would think this makes sense because in the 20 states where marijuana use is legal, the dispensaries would need a depository to offload cash. In
English: Discount Medical Marijuana cannabis s...
English: Discount Medical Marijuana cannabis shop at 970 Lincoln Street, Denver, Colorado. (Photo credit: Wikipedia)
addition, since it is legal the facility should be able to accept credit and debit card transactions and a bank would be the logical processor of electronic payments.
However, there is a glitch in this whole panacea of this "feel-good" action by DOJ. There are many banks that do business across state lines. For example, Bank of America, Capital One, Chase and others maintain branches in New York and New Jersey. If a branch in Hoboken can accept deposits while a branch just one mile across the Hudson on 34 Street in New York City may not and those funds are commingled on the bank's books, aren't other interstate laws called into question?
Why isn't this transaction money laundering in Hoboken but would be considered as such in NYC?
For states which border Colorado, California, Washington and other states for whom have legalized marijuana on any level, this dilemma is heightened. Residents of York, Pennsylvania will drive along I-83 to Towson, Maryland to buy their medical marijuana and bring it home to use in the comfort of their homes. Yes, they must show ID to prove residency. How many of us had IDs which "proved" we were old enough to drink?!?
The right action, if the President wants to use his phone and his pen, is to remove the federal ban on marijuana. By 2020, most states will make marijuana legal, at least for medical purposes. This is THE science which is irrefutable. It is a waste of federal law enforcement resources to continue to fight the trend which the states have recognized as legal.
If the government continues to send out mixed signals concerning the enforcement of its antiquated marijuana laws, all credibility will be lost. It's time to fix the stupidity in these laws and lead rather than follow the states to the obvious.
Just remember, Prohibition didn't work, and within 12 years it was over. Dumb laws make for little faith in government and this is no exception.
It's about time there is consistency where it does not exist now.


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