By Tim Hermes, Publisher, CBT
With Attorney General Eric Holder announcing his resignation, and the GOP already celebrating his departure with a storm of tweets and statements citing his "disregard for the Constitution," it looks like President Obama is in for a big fight to name and confirm his successor. While Holder's time as the top law enforcement official in the US was stormy, he certainly was fairly friendly to the MJ business, with his hands-off-the-legal-states directives, and his voiced support for at least removing it from the Schedule I list of drugs. Just today he came out with an even softer stance with Katie Couric, saying that he'd certainly be willing to "work with Congress" to explore further adjustments to MJ's status. And it's the assigned schedule of MJ - currently a Schedule I drug - which hurts the industry - as dispensaries cannot claim deductions on federal taxes, making their businesses less profitable and harder to manage effectively, and therefore must run on a cash only business. And while the GOP is warning President Obama about appointing a new AG during the lame duck session, he'll probably do it anyway.
Holder says he's going to stay in the chair until a successor is found. After surviving Fast & Furious, and deciding to try the 911 terrorists in the should-be shadows of the World Trade Center, as well as (justifyingly) poking the beehive on race and gay marriage, Holder "held on" until he could make the decision on his time. The AG gig is a politicized one, and his views on race, gay marriage and MJ were prescient and right for the country, although many in more conservative circles would disagree.
But now comes uncertainty. While there already is a front-runner for the job, confirmation could be ugly. Would a candidate for the top badge in the land make a back-room deal about MJ to get the job quicker? Maybe, as there are Democratic several senators in red states that would need swaying. But probably not. The snowball is already gaining speed and no one wants to be run over by it on either side of the aisle. But "Democrat" and "pro-weed" are not inclusive of each other. More like intersecting circles you'd see in fourth grade geometry. The New AG - whose term could be as short as two years, or as long as ten(?) - could be anti-MJ and kickstart federal prosecution on it, bypassing state law, and further complicate the mess that is finance and insurance for state-licensed dispensaries. On the other hand - he or she could facilitate moving MJ down to a Schedule III, and usher in the Golden Age of Weed.
Many in the GOP now - especially after passing legislation like Alabama's Carly's law - grudgingly agree that MJ has medicinal value, especially to treat seizures and to help patients with glaucoma, and cancer patients with pain. Which means that if MJ has medicinal value, it should be declassified as a Schedule I down to Schedule II or III. Â If the new AG decides to make that part of his agenda and Congress goes along, then a major hurdle will have been passed for the legalization movement.
All of this works into the cyclone of the 2014 mid-terms, and the position of candidates on their stance on MJ. "I'll wait on commenting on that until I have a chance to visit with the new Attorney General" could be an easy dodge for many, when put on the spot - even if a new AG is in place. ..and will allow all candidates to kick the can down the road (if they choose.) This can have big effects on a fledgling industry. The Green Rush has minted it's first millionaires, but it has the ability to print up a fresh crop of bankruptcies too.
After all it takes just one phone call...as the whole party usually stops when the cops show up.
