Copperopolis, CA…If it is, then a ban seems to make sense, even if we would violate the Constitution with its protection of the individual rights to Life, Liberty and Property. On the other hand, considering our experience with the ban on alcohol, whereby it was discovered that booze was not evil or bad, but could be abused with bad consequences to the participants and society, it seems cannabis is also not evil or bad – no more than alcohol or smoking. There can be bad consequences with irresponsible use of all three.

The purpose of regulation should only be to protect public safety. The war on alcohol was a horrible disaster as is the war on drugs today. 

Who would want to reason with a self righteous lady with fire in her eyes and a hatchet in her hand?  Fortunately, alcohol prohibition was enacted by constitutional amendment and, after its horrible destruction to our society was obvious, was repealed the same way. 

Another thing we learned about prohibition is that black markets are created by government, because the black market is responding to a ban by government of something wanted by the people. Black markets attract crime because only self defense is available to fight thieves, etc.

Black markets can also be created by regulations intended to suppress an industry rather than protect public safety. This obviously is happening now.

In Calaveras County, we have a past history of cannabis “grey market” because the farmers were not suppressed, and according to the late Sheriff Gary Kuntz, law enforcement would protect the rights of the farmers on private land. They still have the problem of being excluded from banking requiring cash only.

The Calaveras County emergency ordinance, passed in reaction to an increased influx of cannabis farmers, was a mixed blessing because the growers who were successful in getting permits were in a position of competition and opposition to those who were not registered. The Cannabis tax, promoted by the industry and approved by Calaveras voters, was used by the County for law enforcement and code enforcement to suppress those in the black market.
We also have had transient irresponsible growers who would trespass and pollute. We have laws to address this – they need to be enforced. Suppressing the market makes the situation worse because it expands the black market with its crime. It’s like trying to put out fire with gasoline.

So what now?  Maybe we need less government involvement and allow our normal land use planning process work as it has for other industries. This could mean allowing the emergency ordinance to expire, returning the money taken and allowing State regulations on cannabis to prevail. In the event of zoning changes, existing use would be grandfathered in. If the County is responsible, it will not attempt to control the growers. On the other hand If it continues policies of suppression, the black market will prevail – with its inducement to increased crime. Due to the new increased regulation from the state, a return to the grey market may not be likely.

The cannabis stigma will likely disappear when the federal drug war is repealed, or cannabis is removed from the false dangerous federal drug listing, as recommended originally by the Shafer Commission and currently by H.R.1635.
Perhaps then, we can enjoy peace and prosperity again.