Author: Brian Marvel, President, Peace Officers Research Association of California
About the Peace Officers Research Association of California
The Peace Officers Research Association of California (PORAC) was incorporated in 1953 as a professional federation of local, state, and federal law enforcement agencies. PORAC represents over 80,000 public safety members and over 955 associations, making it the largest law enforcement organization in California and the largest statewide association in the nation.
The cannabis policy landscape in America is changing rapidly, and law enforcement must adapt to this new reality. As President of the Peace Officers Research Association of California (PORAC) – the largest statewide law enforcement organization in the nation – I believe strongly that law enforcement has a lot to contribute to the ongoing conversation about how to maintain public safety as more and more states legalize cannabis. Our endorsement, along with the Oregon Coalition of Police & Sheriffs (ORCOPS), of the STATES 2.0 Act reflects that and is an opportunity to elevate the voice of law enforcement in the national dialogue.
Let me be clear from the outset: PORAC does not encourage cannabis consumption. Our endorsement is about advocating for a regulatory framework that prioritizes public safety, diminishes the thriving black market, and allows local law enforcement to prioritize their limited resources on more serious crimes. Additionally, we believe this framework should include provisions for investing in cutting-edge technology to enhance law enforcement capabilities across various public safety areas. By embracing these technological advancements, we can equip our officers with the tools they need to serve our communities.
If you don’t have a seat at the table, you’re on the menu. Our hope is that national law enforcement organizations will follow our lead, understanding that outright opposition is simply unproductive and prevents opportunities to advocate for policy changes and resources that could help improve law enforcement’s ability to maintain public safety.
PORAC is one of the first statewide law enforcement organizations in the country to endorse cannabis policy reform of this nature. Traditionally, law enforcement groups have drawn a hard line against any cannabis-related legislation. However, we recognize that this stance is outdated and ineffective in addressing the challenges we face today with now competing legal and illegal cannabis markets both here in California and across the country.
Currently, 41 states, along with the District of Columbia and Puerto Rico, have medical marijuana programs. Of these, 23 states have either decriminalized cannabis or implemented full adult-use programs. There are only four States in the union that make cannabis illegal. It’s clear that the national attitude toward cannabis is shifting, and our policies need to reflect this change. And while California isn’t alone in grappling with these issues, we do have a unique set of challenges that stem from the way recreational cannabis sales were legalized back in 2016.
Patchwork Cannabis Legalization
In 2016 California voters passed Proposition 64, which many mistakenly believe legalized recreational cannabis sales statewide. The reality, however, was far more nuanced. Prop. 64 created a patchwork system where any city or county could opt out of allowing cannabis businesses. Today, 56% of California cities and counties still don’t permit any type of cannabis business.
This fragmented approach has had unintended consequences. Instead of eliminating the illegal market, it has inadvertently provided opportunities for illicit growers and sellers to thrive in areas where legal sales remain prohibited. Our initial concerns about enabling a black market and the need for increased law enforcement resources have, unfortunately, been validated.
Curbing the Black Market
The STATES 2.0 Act represents a thoughtful step forward in addressing the challenges posed by the current system. By removing cannabis from the federal Controlled Substances Act and allowing states to determine their own approach, we can create a more consistent and effective regulatory framework. The bill would allow us to focus our limited resources on more pressing issues such as the opioid crisis and violent crime. With law enforcement departments across the country stretched thin, we need to prioritize our efforts for maximum impact on community safety.
One of the most compelling reasons we chose to support this bill is its potential to address the thriving illegal cannabis market. Despite the wave of state-level legalization over the past decade, an estimated 75% of the cannabis market nationwide remains illegal. This unregulated market poses significant risks to public safety, often involving cash-only transactions that make these operations targets for violent crime. They frequently engage in human and firearm trafficking, labor violations, and environmental degradation of epic proportions.
By establishing a federal regulatory and tax framework, we can better control the supply chain, make it more difficult for illegal operators to compete, and generate revenue to invest in research and technology. The bill would also enable us to more effectively combat cross-border trafficking by drug cartels. With a clear federal stance and regulatory structure, we can increase opportunities for federal law enforcement agencies to take on those larger international trafficking operations, freeing local law enforcement up to focus on the most pressing public safety concerns in their specific communities.
Critical Cannabis Research
Another critical aspect of the STATES 2.0 Act is its mandate for a federal study on cannabis and traffic safety. As law enforcement officers, we’re deeply concerned about impaired driving in all its forms. However, unlike alcohol, we currently lack reliable methods to detect cannabis impairment in drivers. This technology gap in our capabilities to detect and then hold accountable those driving under the influence of cannabis is largely due to the federal prohibition, which has severely limited research opportunities. The STATES 2.0 Act would open the door for this crucial research, potentially leading to new technologies that could help us save countless lives on our roads.
Consider the development of breathalyzers for alcohol detection. This tool revolutionized our ability to combat drunk driving, but it wouldn’t have been possible if alcohol were federally illegal, and researchers were prevented from studying its effects on the body. We need similar advancements for cannabis detection, and the STATES 2.0 Act could pave the way for these innovations.
By bringing cannabis into a regulated framework, we can ensure better oversight of product safety. Agencies like the FDA would be able to establish and enforce standards for testing and manufacturing, leading to safer products for those who choose to use cannabis legally. This oversight is crucial for protecting public health and preventing issues like the vaping-related lung injuries we’ve seen in recent years, many of which were linked to unregulated, illicit cannabis products.
Sensible Financial Reform
The economic implications of this legislation are also significant. The proposed federal excise tax on cannabis would fund the administrative costs of the regulatory framework, including testing, enforcement, youth prevention, and substance abuse education. Some of this revenue could also support law enforcement efforts, particularly those aimed at curbing the illegal market. In states that have already legalized cannabis, we’ve seen how this additional revenue can benefit communities when properly allocated.
Bringing the cannabis industry into the mainstream banking system would significantly reduce the risks associated with cash-only businesses. A well-regulated financial industry is inherently safer for our communities and makes it easier for law enforcement to track and prevent illegal activities.
Respecting States’ Rights
One of the strengths of the STATES 2.0 Act is its respect for state autonomy while providing federal oversight of interstate commerce. This balanced approach helps maintain state sovereignty while preventing illegal sales across state lines. We believe in empowering states to determine their own destinies, and that includes cannabis. What works for California may not work for Texas, and the STATES 2.0 Act allows for that flexibility.
The bill would also help provide a clearer legal framework, making it easier for officers to enforce the law and for citizens to understand their rights and responsibilities. Many officers on the streets today have only known legalized cannabis. The current patchwork of state laws creates confusion and inconsistency for both law enforcement and the public. A more uniform approach would benefit everyone involved.
Addressing the Reality
Our endorsement of the STATES 2.0 Act represents a significant shift in law enforcement’s approach to cannabis policy. We recognize that the world has changed, and our strategies must evolve with it. This approach offers a pragmatic path forward that respects state’s rights, prioritizes public safety, and addresses illegal markets.
The reality is that legal cannabis is here, whether we like it or not. A significant portion of the population uses it, and more states are moving toward legalization every year. As officers of the law, we need to ask ourselves: are we more effective in protecting public safety by maintaining the status quo, or by advocating for a regulated system that brings this industry out of the shadows?
We believe that the latter approach offers the best path forward. By supporting the STATES 2.0 Act, we’re not saying that cannabis use is without risks or that it should be encouraged. Rather, we’re acknowledging that the current system isn’t working, and that a regulated market, combined with education and prevention efforts, is likely to be more effective in minimizing harm and protecting public safety.
An Example for Law Enforcement
As we look to the future, we see the STATES 2.0 Act as a crucial step in modernizing our approach to cannabis. It’s an opportunity to bring together law enforcement, policymakers, health professionals, and community members to create a system that prioritizes public safety, reduces harm, and reflects the realities of our society today.
PORAC and ORCOPS’ endorsement of the STATES 2.0 Act represents a bold and strategic decision to actively engage in the process of cannabis regulation. We’ve seen too many instances where key stakeholders, out of principle, have abstained from participating in policy discussions, only to find the resulting legislation worse than the status quo. By taking this proactive stance, we are ensuring that law enforcement’s voice is heard in crafting sensible cannabis policies, rather than merely enforcing potentially outdated or ineffective laws.
Our approach aims to strike a balance between public safety, individual liberty, and the current realities of cannabis use in America. By actively participating in this process, we can help shape policies that not only address our concerns but also create a safer and more effective regulatory environment. This engagement allows us to stay true to our core mission of enabling officers to perform their duties effectively while adapting to the changing landscape of cannabis regulation. We believe that our involvement in supporting and shaping the STATES 2.0 Act will lead to better outcomes for both law enforcement and the communities we serve.
