{"id":7403,"date":"2017-05-16T16:08:30","date_gmt":"2017-05-16T16:08:30","guid":{"rendered":"http:\/\/www.denverpost.com?p=2650966&amp;preview_id=2650966"},"modified":"2017-05-16T16:08:30","modified_gmt":"2017-05-16T16:08:30","slug":"da-marijuana-working-group-member-clarifies-das-dont-have-a-stance-on-cole-memo","status":"publish","type":"post","link":"https:\/\/cannitrol.com\/blog\/da-marijuana-working-group-member-clarifies-das-dont-have-a-stance-on-cole-memo\/","title":{"rendered":"DA marijuana working group member clarifies: DAs don\u2019t have a stance on Cole memo"},"content":{"rendered":"<div id=\"wp_fb_like_button\" style=\"margin:5px 0 5px 5px;float:right;height:100px;\"><script src=\"http:\/\/connect.facebook.net\/en_US\/all.js#xfbml=1\"><\/script><fb:like href=\"https:\/\/cannitrol.com\/blog\/da-marijuana-working-group-member-clarifies-das-dont-have-a-stance-on-cole-memo\/\" send=\"true\" layout=\"standard\" width=\"450\" show_faces=\"false\" font=\"arial\" action=\"like\" colorscheme=\"light\"><\/fb:like><\/div><div class=\"row\">\n<div class=\"large-10 large-centered small-12 columns\">\n<div class=\"entry-meta-date\">Published: May 15, 2017, 4:46 pm \u2022 Updated: May 16, 2017, 8:53 am<span class=\"single-comments-link\"><a href=\"http:\/\/www.thecannabist.co\/2017\/05\/15\/behind-national-district-attorneys-association-marijuana-white-paper\/78966\/#disqus_thread\" class=\"commentsNameLink\" \/><\/span><\/div>\n<p class=\"byline\">By <span class=\"author\"><a class=\"url fn n\" href=\"http:\/\/www.thecannabist.co\/author\/awallace\/\" rel=\"author\">Alicia Wallace<\/a><\/span><em>, The Cannabist Staff<\/em><\/p>\n<p>A coalition of the nation\u2019s prosecutors recently proclaimed that marijuana enforcement policies should be consistent across America.<\/p>\n<p>But while a working group for the National District Attorneys Association decreed the U.S. Constitution\u2019s Supremacy Clause should reign supreme in a time of rapidly shifting state marijuana laws, it\u00a0stopped short of stating explicitly what those enforcement policies should be.<\/p>\n<p>NDAA on April 20 released a white paper, <a href=\"http:\/\/www.ndaa.org\/pdf\/NDAA%20White%20Paper%20on%20Marijuana.pdf\" target=\"_blank\">\u201cMarijuana Policy: The State and Local Prosecutors\u2019 Perspective,\u201d<\/a>\u00a0after months of meetings and discussions by a 27-member group that consisted of attorneys from locales where marijuana is legal in various forms and from\u00a0states that prohibit cannabis use, possession, cultivation and distribution.<\/p>\n<p>While NDAA did not take a firm position on enforcement approaches, the working group did find agreement that impaired driving and children\u2019s access to marijuana are pressing concerns. NDAA also supported calls for research.<\/p>\n<blockquote>\n<p>Federal drug enforcement policy regarding the manufacture, importation, possession, use and distribution of marijuana should be applied consistently across the nation to maintain respect for the rule of law. The National District Attorneys Association (NDAA) supports ongoing research into medicinal uses of marijuana and its derivatives, carried out consistent with any other research regulated by the Food and Drug Administration (FDA). NDAA also supports research regarding the impact of marijuana use on driving, regulated by appropriate agencies.<\/p>\n<\/blockquote>\n<p>As the NDAA working group dug in, <a href=\"http:\/\/www.thecannabist.co\/2017\/03\/30\/national-district-attorneys-association-marijuana-policy\/76240\/\">The Cannabist interviewed two members of that committee:<\/a> Eric Zahnd, group co-chair and prosecuting attorney for Platte County, Missouri, in metropolitan Kansas City; and Stan Garnett, the district attorney for Boulder County, Colorado.<\/p>\n<p>Following the white paper\u2019s publication, The Cannabist caught up with Zahnd and Garnett to talk about the committee\u2019s position, what didn\u2019t make it into the report and why certain stances were and were not taken.<\/p>\n<h3>Cole Memo concerns<\/h3>\n<p>Marijuana advocacy group National Organization for the Reform of Marijuana Laws <a href=\"http:\/\/norml.org\/news\/2017\/05\/04\/national-district-attorneys-association-calls-for-federal-anti-marijuana-crackdown\" target=\"_blank\">railed against NDAA\u2019s paper<\/a>, claiming that the group was calling for the Cole Memo to be scrapped and for an increase in federal enforcement.<\/p>\n<p>\u201cA state may undoubtedly choose not to criminalize or regulate marijuana,\u201d NDAA officials wrote. \u201cBut a state law that affirmatively authorizes the production, distribution and use of marijuana stands as an obstacle to the comprehensive federal framework and is subject to preemption.\u201d<\/p>\n<p>Zahnd told The Cannabist that NDAA did not say what enforcement policies should be or what should happen to the <a href=\"http:\/\/www.thecannabist.co\/2014\/02\/14\/cole-memo-federal-law-enforcement-guidelines-on-marijuana-enforcement\/4733\/\">Cole Memo<\/a>, the Obama administration hold-over providing guidance to prosecutors and law enforcement on where to focus marijuana enforcement efforts.<\/p>\n<p>\u201cWe have not taken a position on that, and purposefully did not take a position,\u201d he said. \u201cThis report was never an attempt to address every controversial topic regarding marijuana use, but we wanted to address some of the important topics. Others, we left for another day or another policy-maker.\u201d<\/p>\n<p>Zahnd said member Tom Raynes, executive director of the Colorado District Attorneys Council, provided an accurate portrayal of NDAA\u2019s positions to the Colorado Politics blog, <a href=\"http:\/\/coloradopolitics.com\/tough-marijuana-position-from-national-prosecutors-offers-guidance-to-white-house\/\" target=\"_blank\">which first reported on the NDAA paper<\/a>.<\/p>\n<h3>More questions than answers<\/h3>\n<p>NDAA\u2019s conclusions aren\u2019t earth-shattering, said Sam Kamin, the Vicente Sederberg Professor of Marijuana Law and Policy at University of Denver\u2019s Sturm College of Law.<\/p>\n<p>\u201cIt\u2019s not that surprising that DAs are saying that we should enforce the law,\u201d he said.<\/p>\n<p>However, Kamin questioned NDAA\u2019s calls for consistent enforcement.<\/p>\n<p>\u201cI don\u2019t know what that means; they are applying (enforcement and the Cole Memo) consistently,\u201d he said.<\/p>\n<p>What the report does show is there remains a great need for objective evidence and information about the performance and outcomes of state-based legalization experiments, he said. For example, statistics may show higher incidences of drivers testing positive for marijuana, but it\u2019s not often mentioned that Colorado is putting a greater emphasis on roadside testing and tracking of marijuana impairment, Kamin said.<\/p>\n<p>\u201cEverything has to be read with a little bit of caution and context,\u201d he said.<\/p>\n<p>Zahnd declined to address specific follow-up questions about enforcement, Kamin\u2019s arguments and NORML\u2019s claims. Instead, he reiterated the following statement:<\/p>\n<blockquote>\n<p>\u201cNDAA\u2019s report does not take a position on what the Federal drug enforcement policy regarding marijuana should be. However, we believe that it should be enforced consistently across the nation to maintain respect for the rule of law.<\/p>\n<p>I\u2019m sorry I can\u2019t be more specific, but the working group simply did not get into that level of minutia in our final report. We did not intend to answer every question regarding marijuana, but we arrived at a consensus report that addresses some of the very important issues surrounding marijuana policy.\u201d<\/p>\n<\/blockquote>\n<h3>Agreement\u00a0on impaired driving and children\u2019s access to marijuana<\/h3>\n<p>\u201cI think we were successful at developing a strong consensus around a number of rapidly evolving issues around marijuana use,\u201d Zahnd said.<\/p>\n<figure class=\"figure wp-caption alignleft\"><img loading=\"lazy\" class=\"size-small wp-image-76340\" src=\"https:\/\/cannitrol.com\/blog\/\/wp-content\/uploads\/2017\/05\/da-marijuana-working-group-member-clarifies-das-dont-have-a-stance-on-cole-memo.jpg\" alt=\"Eric Zahnd is the Platte County, Missouri Prosecuting Attorney\" width=\"180\" height=\"180\" \/><figcaption class=\"wp-caption-text\">Eric Zahnd is the Platte County, Missouri Prosecuting Attorney. (Facebook)<\/figcaption><\/figure>\n<p>The NDAA noted two specific concerns: impaired driving and children\u2019s access to marijuana.<\/p>\n<p>The paper cites statistics from a <a href=\"https:\/\/www.nhtsa.gov\/sites\/nhtsa.dot.gov\/files\/812118-roadside_survey_2014.pdf\" target=\"_blank\">2013-2014 National Highway Transportation Safety Administration roadside survey<\/a> of weekend nighttime drivers that showed 12.6 percent tested positive for THC, an increase of 48 percent from 2007.<\/p>\n<p>How those positive readings translate to impairment is another matter.<\/p>\n<p>\u201cWe need more research on both what constitutes impairment and how we are going to measure impairment,\u201d Zahnd said.<\/p>\n<p>Ideally, those measurements would be applied to law in the same way blood-alcohol content levels are used for determining alcohol intoxication, he said. However, there\u2019s not yet a reasonable assessment for marijuana, given that it is absorbed differently and cannabinoids can remain in the body longer than alcohol, he added.<\/p>\n<p>\u201cWe\u2019re not there yet with marijuana, and we need work to help get us there,\u201d he said.<\/p>\n<p>On children\u2019s use, the committee warned against the potential of marijuana serving as a gateway drug as well as ill effects on brain development, citing a several data points and statements from anti-legalization group Smart Approaches to Marijuana.<\/p>\n<p>\u201cLegalization of marijuana for purported medicinal and recreational purposes has increased access by children,\u201d NDAA committee members wrote. \u201cFor all of these reasons, it is vitally important to do all we can to prevent access to marijuana by youth in America. Their health, safety and welfare demand no less.\u201d<\/p>\n<h3>Principled opposition<\/h3>\n<p>Garnett, a self-proclaimed \u201cthorn in the side\u201d of the majority of the working group, was one of two prosecutors to vote against the final version of the policy statement.<\/p>\n<figure class=\"figure wp-caption alignleft\"><img loading=\"lazy\" class=\"size-small wp-image-76343\" src=\"https:\/\/cannitrol.com\/blog\/\/wp-content\/uploads\/2017\/05\/da-marijuana-working-group-member-clarifies-das-dont-have-a-stance-on-cole-memo-1.jpg\" alt=\"Boulder County District Attorney Stan Garnett\" width=\"180\" height=\"161\" \/><figcaption class=\"wp-caption-text\">Boulder County District Attorney Stan Garnett. (Andy Cross, Denver Post file)<\/figcaption><\/figure>\n<p>\u201cI think what this [white paper] reflects is this was a product of a committee within a pretty conservative group: NDAA is not at the forefront of creative social thought,\u201d Garnett said. \u201cThis reflects the view of many prosecutors across the United States.<\/p>\n<p>\u201cI worked very hard to moderate a lot of the language; it came out a lot better than a lot of the earlier versions.\u201d<\/p>\n<p>Earlier iterations had a summary position arguing for legalized states to bring their laws into compliance with the Controlled Substances Act, he said.<\/p>\n<p>Several committee members held certain perceptions of Colorado, that legalization led to a \u201cmarijuana-fueled Sodom and Gomorrah\u201d with \u201ceverybody smoking and civilization collapsing,\u201d Garnett said. Members also were unaware that Colorado has a Marijuana Enforcement Division and a regulatory scheme in place to manage and closely track the industry\u2019s development, he said.<\/p>\n<p>\u201cWe spent a lot of time on the committee trying to make sure they had an accurate understanding of what was happening in Colorado,\u201d Garnett said. \u201cIt was pretty clear they didn\u2019t.\u201d<\/p>\n<p>Garnett criticized the April 20 release date of the report, equating it to issuing a report \u201curging the banning of corned beef and cabbage and green beer on March 17.\u201d<\/p>\n<h3>Next steps<\/h3>\n<p>Garnett said the working group exposed philosophical schisms within the NDAA.<\/p>\n<p>\u201cSome of us are talking about forming a progressive caucus within NDAA,\u201d he said.<\/p>\n<p>Zahnd said being a part of the marijuana policy working group provided insight for how he views the topic.<\/p>\n<p>\u201cI continue to worry about some of the dangers of marijuana, but it\u2019s really helpful for me to hear from others as far as how they\u2019ve dealt with it,\u201d he said.<\/p>\n<p>NDAA officials provided the report to members of Congress as well as officials in the Department of Justice, Zahnd said.<\/p>\n<p>As of Monday, NDAA has not received much substantive feedback other than the topic is a timely issue and that NDAA\u2019s paper was appreciated, said Nelson O. Bunn Jr., NDAA\u2019s director of policy and government affairs.<\/p>\n<p>The committee\u2019s work is done, for now, on its marijuana policy position, Zahnd said. It\u2019s possible that another working group may be formed in the future, if necessary.<\/p>\n<p>\u201cBut for now we\u2019ve come up with a position that represents the entire association,\u201d he said.<\/p>\n<div class=\"entry-meta-tags\">\n<div class=\"entry-tags\">Topics: <a href=\"http:\/\/www.thecannabist.co\/tag\/boulder-county\/\" rel=\"tag\">Boulder County<\/a>, <a href=\"http:\/\/www.thecannabist.co\/tag\/criminal-justice-system\/\" rel=\"tag\">criminal justice system<\/a>, <a href=\"http:\/\/www.thecannabist.co\/tag\/enforcement\/\" rel=\"tag\">enforcement<\/a>, <a href=\"http:\/\/www.thecannabist.co\/tag\/eric-zahnd\/\" rel=\"tag\">Eric Zahnd<\/a>, <a href=\"http:\/\/www.thecannabist.co\/tag\/federal-law\/\" rel=\"tag\">federal law<\/a>, <a href=\"http:\/\/www.thecannabist.co\/tag\/federalism\/\" rel=\"tag\">federalism<\/a>, <a href=\"http:\/\/www.thecannabist.co\/tag\/legal-marijuana-states\/\" rel=\"tag\">legal marijuana states<\/a>, <a href=\"http:\/\/www.thecannabist.co\/tag\/missouri\/\" rel=\"tag\">Missouri<\/a>, <a href=\"http:\/\/www.thecannabist.co\/tag\/national-district-attorneys-association\/\" rel=\"tag\">National District Attorneys Association<\/a>, <a href=\"http:\/\/www.thecannabist.co\/tag\/stan-garnett\/\" rel=\"tag\">Stan Garnett<\/a>, <a href=\"http:\/\/www.thecannabist.co\/tag\/state-laws\/\" rel=\"tag\">state laws<\/a>, <a href=\"http:\/\/www.thecannabist.co\/tag\/states-rights\/\" rel=\"tag\">states rights<\/a><\/div>\n<\/div>\n<div class=\"entry-meta-author\">\n<div class=\"authorimage\"><a class=\"url fn n\" href=\"http:\/\/www.thecannabist.co\/author\/awallace\/\" rel=\"author\"><img src=\"https:\/\/cannitrol.com\/blog\/\/wp-content\/uploads\/2017\/05\/da-marijuana-working-group-member-clarifies-das-dont-have-a-stance-on-cole-memo-2.jpg\" class=\"authormug\" \/><\/a><\/div>\n<p class=\"author-desc\">Alicia Wallace joined The Cannabist in July 2016, covering national marijuana policy and business. She contributes to the Denver Post&#8217;s beer industry coverage. In her 14 years as a business news reporter, her coverage has spanned topics such as the&#8230;<\/p>\n<\/div><\/div>\n<\/p><\/div>\n<p><!-- .row --> <\/p>\n","protected":false},"excerpt":{"rendered":"<p>A working group for the National District Attorneys Association decreed the U.S. Constitution&#8212;s Supremacy Clause should reign supreme in a time of rapidly shifting state marijuana laws, but stopped short of stating explicitly what those enforcement policies should be. <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[6811,6813,77,5667,9,5019,7040,1,3,61,1736],"tags":[6816,6818,2655,5673,5022,7041],"_links":{"self":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts\/7403"}],"collection":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/comments?post=7403"}],"version-history":[{"count":0,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts\/7403\/revisions"}],"wp:attachment":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/media?parent=7403"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/categories?post=7403"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/tags?post=7403"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}