Pubdate: Mon, 16 Feb 2015 Source: Boston Herald (MA) Copyright: 2015 The Boston Herald, Inc Contact: http://news.bostonherald.com/ Details: http://www.mapinc.org/media/53 Note: Prints only very short LTEs. Author: Julia Purdy Note: Julia Purdy is a freelance writer residing in the Rutland, Vt., area. POT'S JUST ONE TOKE OVER THE LINE What if Vermont legalized recreational marijuana? A report from the Rand Corp., commissioned by Gov. Peter Shumlin - in anticipation of legislative action - addresses that question, including an assessment of the potential for the state to make some money off the weed. Rand looked at the likelihood of Vermont becoming a destination for marijuana buyers from out of state. Here we learn, "There are more than 1 million U.S. current (past-month) marijuana users within a two-hour drive of Vermont and 5 million within 500 miles ... Visitors from surrounding states and Canada present an opportunity in terms of tax and fee revenue from marijuana sales and complementary goods but a potentially very large burden in terms of public nuisance, traffic safety, and enforcement costs." The report is mum about the potential collateral damage to surrounding states, nor does it provide any warning that said states might object to such goings-on in their backyards. Clearly, their reactions would be out of Vermont's control. In fact, this conundrum is already the basis for Nebraska and Oklahoma v. Colorado, a lawsuit filed in December directly with the U.S. Supreme Court. The lawsuit alleges that Colorado's 2012 recreational marijuana law is creating a cross-border nuisance. It asserts that cannabis contraband is spreading to the those neighboring plaintiff states and resulting in injury to them by "draining their treasuries, and placing stress on their criminal justice systems." "Cross-border nuisance" was addressed in a 1907 lawsuit in which Georgia sued to force Tennessee to shut down a copper smelter whose airborne toxic fumes endangered the health of Georgia residents. The issue was - and is - that states are prohibited by the Constitution from subjecting their neighbors to harmful and uncompensated effects of those activities. In a paper published last December entitled "Fear and Loathing in Colorado" Chad DeVeaux and Anne Mostad-Jensen, both of Concordia University Law School, point out that "Colorado's introduction of recreational marijuana into the stream of interstate commerce has reawakened this long-dormant body of constitutional law." One of the hopes of marijuana legalization is that it would make the local illegal market wither and die. But it would be naive to assume that cannabis products would not leave Vermont as contraband in luggage or in private vehicles, feeding the illegal drug trade of the neighbor states, potentially taxing their law enforcement, courts, and medical services. Idaho State Police report that most of its drug seizures have been at the border with Washington state. So far, Idaho has not launched a similar lawsuit against Washington state. In any case, the term "marijuana tourism" is a euphemism for a regional smuggling operation, of which Vermont would be the epicenter. It would put neighbor states in a spot they might not want to be in. That is unless the Massachusetts Legislature decides to get there first. - --- MAP posted-by: Jay Bergstrom