“Hence to fight and conquer in all your battles is not
supreme excellence; supreme excellence consists in breaking the enemy’s
resistance without fighting,” Sun Tzu said.
Winning is therefore only relevant if battle was
inevitable. Fighting unnecessary wars always leads to eventual defeat of
even the most skilled commander.
Before I begin, I want to be clear that I am not a
“marijuana advocate” or asking people to go out and smoke pot. However,
if a man across town wants to smoke, I am totally fine with his choice.
I
suppose this view originates from my belief that states should have as
much sovereignty and control over their own affairs as possible. What is
acceptable in Alabama may not be acceptable in Connecticut. Also, in
almost 15 years, I have handled a number of cases where alcohol was
involved and someone got hurt. I have also handled many marijuana cases during that time. Do you know how many people in marijuana cases got hurt? Zero.
The social stigma surrounding marijuana is the source of its controversy.
As many of you know, I voted for President Trump, would do
it again if faced with the alternative, and hold strong conservative
and libertarian beliefs.
But, I cannot excuse terrible decision making by members
of my party, nor fail to give credit to Democrats when they do the right
thing.
Today, there is a common belief that states that have
legalized marijuana use for recreational or medicinal purposes are
abiding by the law. But, that is not entirely true. Colorado and
California are best known for having legalized the drug for recreational
purposes. Also, other states that permit the regulated sale of
marijuana for recreational use include Washington, Oregon, Alaska and
Nevada. Massachusetts and Maine are on track to do so this year.
But, it is still unlawful to possess marijuana in all fifty states pursuant to federal law.
However, with states beginning to defy federal law, former
President Obama’s administration discouraged federal prosecutors from
pursuing marijuana-related criminal cases in states that had legalized
the drug. The federal government does not have unlimited resources. The
U.S. Justice Department must choose which laws to focus on in order to
protect Americans. This policy made sense because vital law enforcement
resources could be used elsewhere. (Although I am unsure if these
resources were actually reallocated).
Unfortunately, last week, the Justice Department chose to
rescind the policy and gave federal prosecutors wide latitude to pursue
criminal charges.
The action by Attorney General Jeff Sessions was a very
poor decision. While I admire his tenacity, courage and support most of
his decisions, the blame for this defeat will be squarely placed on his
shoulders by the administration, particularly by the president, who has
not shown the ability to take responsibility himself for anything.
Justice Department officials declined to say whether they
might take legal action against those states, saying further steps were
“still under consideration.” White House spokeswoman Sarah Sanders said
President Donald Trump’s top priority was enforcing federal law “whether
it’s marijuana or immigration.”
However, the damage has already been done. Uncertainty is as damaging as the full implementation of the new policy. Here is why:
The administration’s action drew condemnation from not
only Democrat leaders, but Republicans as well. Upsetting allies in
Congress during a mid-term election year is a recipe for disaster. Based
on historical data, the President will suffer a net Republican loss in
November. The timing of this unnecessary aggression can only put his
Congressional friends in a tighter bind as they fight to get elected.
The move raises questions about how it might impact tax
revenues in states that permit some form of legal marijuana use. It also
creates uncertainty for banks, already fearful about business
relationships with the marijuana industry because of concerns they might
run afoul of anti-money laundering rules.
At least one Republican Senator has mentioned that he, and
other Republicans, may interfere with the confirmation of President
Trump’s judicial nominees. Now, our country becomes embroiled in an
unnecessary battle that will decrease tax revenues and disrupt an
already bitterly divided Congress.
Unlike government in general, venture capitalists grow the
economy. Because of the new policy, these capitalists are already
losing money that could have been used for jobs, economic growth, and a
tremendous amount of tax revenue as we saw in Colorado.
Many leaders over the past 2000 years have ignored the advice of Sun Tzu at their own peril. Just
as Lee at Gettysburg, Rommel in Algeria and Westmoreland during the Tet
Offensive, we have another example of the consequences of ignoring the
teachings in Art of War.
This battle was not inevitable. It was completely unnecessary. This battle has already been lost by its commanders.
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