PROFNET EXPERT ALERTS: Legalizing Marijuana

Marijuana advocates are gathering signatures to get pot-legalization measures on the ballot in 2010 in California, setting up what could be a groundbreaking clash with the federal government over U.S. drug policy. Following are experts who can comment:

1. VIKRAM AMAR, associate dean for Academic Affairs and professor of law at the UNIVERSITY OF CALIFORNIA, DAVIS SCHOOL OF LAW, is also a columnist for the leading legal Web site FindLaw.com. Amar provided the following excerpt from a recent column titled, "Legalizing Marijuana in California: Why it Won't Lessen the State's Tax Woes" (full column can be accessed at the second link listed below): "The federal government's attitude about state decriminalization of medicinal marijuana has been ambivalent, and the federal government has, at various times, sent mixed messages about how vigorously it would try to crack down on state-approved dispensaries. Recently, the Obama administration has signaled, albeit not always clearly, that such state-approved dispensaries will not be a high enforcement priority at the federal level. This move seems designed to encourage those involved with medicinal marijuana to go about their state-approved business without too much fear. Importantly, there is no indication that the administration's attitude about non-medicinal -- that is, recreational -- marijuana use would be at all similar. And politically, a public statement of non-enforcement by the administration with respect to non- medicinal use would seem very costly." Web sites: http://www.law.ucdavis.edu/faculty/Amar/index.aspx http://writ.news.findlaw.com/amar/20090814.html (10/14/09)

2. ANTHONY GREGORY, research analyst at THE INDEPENDENT INSTITUTE, is the editor-in-chief for the Campaign for Liberty and writes frequently on civil liberties: "The drug war is a disaster, fostering police and judicial corruption, violent crime and civil liberties violations. State-level marijuana legalization would be a good first step toward a more sensible policy. But the federal government has long asserted the right to regulate and prohibit drugs nationwide, despite the Tenth Amendment, which restricts federal power. Alcohol prohibition required a constitutional amendment, but federal marijuana prohibition has persisted without one. The practical question remains: Would the federal government have trouble enforcing marijuana laws if California and other states legalized it? Most likely, yes. Targeting medical marijuana clinics is manageable, but the feds probably lack the resources and political will to effectively crack down on an increasingly socially tolerated drug without state cooperation. Such state-level defiance could have broad implications for other national policies resented within the several states. It all depends whether the state has the will and popular support to directly confront Washington over such a longstanding, however constitutionally dubious, federal drug policy. Also unknown is whether Obama would let it slide, to conserve energy and political capital, or find it more expedient and prudent to push back, despite his sharp criticisms of the drug war during the campaign." Gregory is located in Oakland, Calif. News Contact: Wendy Honett, whonett@independent.org Phone: +1-510-632-1366, ext. 116 Web site: http://www.independent.org/aboutus/person_detail.asp?id=506 (10/14/09)

3. ROBERT MIKOS, VANDERBILT LAW SCHOOL professor and author of "Legalizing Federal Crime: The Example of State Medical Marijuana Laws": "Even though Congress has banned marijuana outright, states have far more power than they realize to use marijuana as a social and possibly financial asset. I think more and more states that have considered legalizing medical marijuana in the past are going to pass legislation. The other change you're going to see is that some states, including California, that haven't been particularly rigorous about supervising medical marijuana in terms of requiring people to register, requiring suppliers to get licenses, inspecting cooperatives and so on, will now start to do that because there's less of a risk that the paper trail is going to be followed by federal prosecutors." [Note: Vanderbilt has a 24/7 video and audio studio with a dedicated fiber optic line and a radio ISDN line. Use of the TV studio is free, except for reserving fiber time.] News Contact: Amy Wolf, amy.wolf@vanderbilt.edu Phone: +1-615-322-NEWS (10/14/09)

4. AARON HOUSTON, director of government relations, MARIJUANA POLICY PROJECT: "If California moves to end prohibition and regulate marijuana like alcoholic beverages, other states will surely follow suit, since prohibition has been such an utter failure. And just as pressure from the states has begun to produce a softening of the federal government's war on medical marijuana, it will do the same thing here. This is like the Berlin Wall crumbling, and the question is not if, but when and how fast." Houston is located in Washington, D.C. News Contact: Bruce Mirken, Bruce.Mirken@mpp.org Phone: +1-415-585-6404 (10/14/09)

5. ROBERT A. KAHN, attorney of Woodland Hills, Calif., and adjunct professor of law at LOYOLA LAW SCHOOL, filed a lawsuit on behalf of medical marijuana dispensaries Los Angeles Collective Association (LACA) and Westside Green Oasis, seeking a temporary restraining and an injunction against the city of Los Angeles, precluding it from closing the stores, and fining and arresting their owners and landlords based on an expired Interim Control Ordinance (ICO): "In a time of economic hardship, Los Angeles is squandering taxpayer money by going after the dispensaries and trying to enforce an ordinance that does not comply with state law. The city's actions make it even more difficult for those with legitimate medical needs and a doctor's approval to obtain marijuana that may help ease pain and suffering." Kahn has been practicing law in California for more than 30 years. News Contact: Cindy Rakowitz, Cindy@brpublicrelations.com Phone: +1-818-783-3307 (10/14/09)

6. DAVID SACK, M.D., CEO at PROMISES TREATMENT CENTERS in California, is board certified in psychiatry, addiction psychiatry and addiction medicine, and is a certified medical review officer. Prior to joining Promises, Sack has enjoyed successful careers in clinical, research and administrative psychiatry. After receiving his medical degree from Rush Medical College, he completed his residency in psychiatry at the UCLA Neuropsychiatric Institute. Sack served as a senior clinical scientist at NIMH where his research interests included affective disorders, seasonal and circadian rhythms and neuroendocrinology. More recently, Sack served as senior vice president for clinical research for Comprehensive Neurosciences where his research included investigations in schizophrenia, depression, insomnia, cognitive disorders and alcohol dependency. His experience in substance abuse treatment includes implementing comprehensive ambulatory detoxification within general medical settings, substance abuse treatment of adjudicated youth and adults, and developing specialized residential and outpatient treatment programs of dually diagnosed clients in both rural and urban settings. News Contact: Rosalynn Basford, Rosalynn@arlenehowardpr.com Phone: +1-310-398-8680 (10/14/09)

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