The
Department of Justice (DOJ) admitted in a court filing that marijuana and cannabis
legalization by states does indeed attract tourism.
The
DOJ is asking a federal court to dismiss a lawsuit from marijuana companies seeking to block enforcement of
prohibition against state-legal activities, according to Marijuana Moment. The DOJ contested arguments that
federal policy is at odds with the government’s enforcement practices.
“Plaintiffs argue that federal marijuana policy no longer serves a
goal of eradicating the marijuana trade, yet even if that is true, curtailing
the marijuana trade is a legitimate objective regardless of whether the
government pursues that objective to the point of eradication,” the Justice
Department said. “Plaintiffs also cannot show that any way in which federal
marijuana policy is irrational, when they allege that federal policy focuses
law enforcement resources on marijuana activities that most implicate vital
federal interests such as preventing violence and protecting public safety.”
Obviously, this is a confusing case that could be precedent
setting.
The trial is being held in Massachusetts, but affects multiple
states.
David Boies is representing the government. His previous clients have
included the Justice Department, former Vice President Al Gore and plaintiffs
in the case that led to the invalidation of California’s ban on same-sex
marriage, according to Marijuana Moment.
The DOJ said that the marijuana companies lack jurisdiction in the
suit partly because they “cannot establish a credible threat of future The DOJ
says I could not want the company's lack jurisdiction is partly because they”
of the Controlled Substances Act (CSA) .
“Because they allege that the Department of Justice adheres to a
policy of not prosecuting those who engage in Plaintiffs’ conduct, they cannot
establish a credible threat of future enforcement,” a filing reads.
It almost seems counter-intuitive, but by introducing the argument
that states benefit from added tourism and the subsequent dollars the DOJ is
trying to prove that there is an added benefit here.
“… they do not and cannot dispute that the Complaint alleges that
some third parties have decided to transact with Plaintiffs, while others have
declined to do,” it said. … “It is rational to conclude that the regulated
marijuana industry in Massachusetts fuels a different kind of marijuana-related
interstate commerce: marijuana tourism.”
Marijuana tourism is indeed a massive industry in the travel space, generating over $17 billion and impacting destinations beyond just the United States.
Amsterdam has long had pot smokers lighting up joints in its city, which led to changes in the Red Light District and a ban on smoking on the streets. Even the Caribbean is seeing an impact from cannabis related tourism.
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