President Steckler Letter to President Obama on Marijuana ...

International Association of
Chiefs of Police
515 North Washing<strong>to</strong>n Street
Alexandria, VA 22314–2357
Phone: 703-836–6767; 1-800-THE IACP
Fax: 703-836–4543
Web: www.theiacp.org
<strong>President</strong>
Craig T. <strong>Steckler</strong>
Chief of Police
Fremont Police Department
Fremont, CA
Immediate Past <strong>President</strong>
Walter A. McNeil
Chief of Police
Quincy Police Department
Quincy, Florida
First Vice <strong>President</strong>
Yousry “Yost” Zakhary
Direc<strong>to</strong>r
Woodway Public Safety
Department
Woodway, TX
Second Vice <strong>President</strong>
Richard Beary
Chief of Police
University of Central Florida
Orlando, FL
Third Vice <strong>President</strong>
Ronal W. Serpas
Superintendent of Police
New Orleans Police Department
New Orleans, LA
Fourth Vice <strong>President</strong>
Terrence Cunningham
Chief of Police
Wellesley Police Department
Wellesley, MA
Vice <strong>President</strong> at Large
Kent Barker
Chief of Police
Tualatin Police Department
Tualatin, OR
Vice <strong>President</strong> at Large
James Craze
Chief of Police
Greenbelt Police Department
Greenbelt, MD
International Vice <strong>President</strong>
Nelson Werlang Garcia
Chief, Community Policing & Human
Rights Center
Polícia Militar do Distri<strong>to</strong> Federal
Brasilia, Brazil
Vice <strong>President</strong>-Treasurer
Dwight Henninger
Chief of Police
Vail Police Department
Vail, CO
General Chair Division of State
Associations of Chiefs of Police
Peter Carnes
Chief of Police
S<strong>to</strong>nehill College Police & Safety
Eas<strong>to</strong>n, MA
General Chair Division of State and
Provincial Police
Colonel Michael D. Edmonson
Deputy Secretary, Public Safety Services
Superintendent, Louisiana State Police
Ba<strong>to</strong>n Rouge, LA
Parliamentarian
Ellen Hanson (retired)
Chief of Police
Lenexa Police Department
Lenexa, KS
Executive Direc<strong>to</strong>r
Bart R. Johnson
Alexandria, VA
Deputy Executive Direc<strong>to</strong>r
Chief of Staff
James W. McMahon
Alexandria, VA
November 30, 2012
<strong>President</strong> Barack <strong>Obama</strong>
United States of America
The White House
1600 Pennsylvania Ave, NW
Washing<strong>to</strong>n, DC
Dear <strong>President</strong> <strong>Obama</strong>:
As president of the International Association of Chiefs of Police (IACP), I am writing
you <strong>to</strong>day regarding the recent passage of laws in Colorado and Washing<strong>to</strong>n that will
legalize marijuana. The IACP is strongly opposed <strong>to</strong> these statutes and is extremely
concerned that these states have passed laws that preempt federal law, which clearly
classifies marijuana as an illegal substance.
On September 21, 2012, the IACP and the National Sheriffs’ Association sent a letter
<strong>to</strong> At<strong>to</strong>rney General Eric Holder expressing our concern about the proposed legislation in
Colorado, Oregon, and Washing<strong>to</strong>n, asking him <strong>to</strong> speak out against the proposed
legislation as he previously did on Proposition 19 in California. To date, we have not
received a response. The law enforcement community believes that the federal government
must play a leadership role, weigh in on this issue, and also address many other issues
surrounding the measures enacted in the states of Colorado and Washing<strong>to</strong>n.
The IACP represents police executives worldwide and strongly opposes the
measures that were passed. The law enforcement community is greatly concerned with the
negative consequences that laws such as those passed in Colorado and Washing<strong>to</strong>n will
have on our citizens—especially the teenage and young adult populations.
First and foremost, the IACP is extremely concerned about the negative impact
legalized marijuana will have on highway safety. Those advocating legalization compare
smoking marijuana <strong>to</strong> the equivalent of drinking a glass of wine or beer. However, most
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people who partake in an alcoholic drink do not do it for the purpose of impairment—this
is not so with smoking marijuana. This obviously presents a huge problem <strong>to</strong> traffic safety.
We have had great success in reducing drunk‐driving fatalities over the past several
decades, partially because there is a national standard of .08 blood alcohol content (BAC).
There is no such standard for marijuana impairment.
Washing<strong>to</strong>n’s new law says that five nanograms of Tetrahydrocannabinol, or THC,
per milliliter is the equivalent of the .08 standard limit, however Colorado has not yet set a
standard. Standards in other states with medical marijuana legalization, like Ohio and
Nevada, have set a two‐nanogram limit, while others have a zero‐<strong>to</strong>lerance standard. The
lack of a standard has severe consequences on traffic safety and will cause wide confusion
in our judicial system. As a result of these measures, law enforcement agencies will need
further frontline training on drug impairment and additional drug recognition experts will
also be needed. All at a time when law enforcement and municipal resources are at an alltime
low.
Further, do the laws preempt drug‐free workplace laws and how will employers
address these competing laws? According <strong>to</strong> the National Highway Traffic Safety
Administration, THC peaks during the act of smoking and within three hours generally falls
<strong>to</strong> less than five nanograms per milliliter. Tests used in the workplace generally test for
THC metabolites and differ from impairment testing. Any trace of THC metabolites,
regardless of impairments, can be grounds for dismissal or discipline, based on a zero<strong>to</strong>lerance
policy.
However, with the new laws in Colorado and Washing<strong>to</strong>n, how can law enforcement
or the private sec<strong>to</strong>r now enforce drug‐free workplace laws? Because it does not appear
that either state has addressed this issue, it is highly likely that employers in these states
who do try and enforce their drug‐free workplace policies could be subjected <strong>to</strong> litigation.
This is particularly troubling <strong>to</strong> law enforcement executives because, obviously, law
enforcement officers are put in dangerous situations daily: we carry firearms, participate in
pursuits, operate helicopters, and run SWAT teams. Will agencies within Colorado and
Washing<strong>to</strong>n still be able <strong>to</strong> hire and fire officers based on marijuana use? Will law
enforcement officers be able <strong>to</strong> break federal law and still retain their jobs?
Additionally, IACP is concerned over several additional issues:
Will there be increased criminal activity in or around the legal distribution point?
Will organized crime and/or cartels be involved? How will this be tracked? Will
additional state and local resources be needed—and will federal law enforcement
remain active in these areas?
Will there be an influx of out‐of‐state consumers going <strong>to</strong> Colorado and Washing<strong>to</strong>n
<strong>to</strong> purchase more than one ounce of marijuana and how is this <strong>to</strong> be tracked and
combated? With high taxation rates, will an even greater robust black market
blossom?
How will law enforcement track whether or not there is an increase in juvenile use
of marijuana in Colorado and Washing<strong>to</strong>n? Evidence indicates that states that have
passed “medical” marijuana legislation have seen an increase in usage by teenagers.
These laws obviously send a message <strong>to</strong> youth that marijuana is harmless.
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The IACP has a long‐standing resolution, continually voted on by our international
membership, which vigorously opposes any attempts <strong>to</strong> legalize or decriminalize
marijuana.
As such, the IACP is compelled <strong>to</strong> stand as the voice of reason—as we, and the
majority of the law enforcement community, disagree with the small number of individuals
and organizations who support marijuana legalization and claim <strong>to</strong> speak for the entire law
enforcement community. Unfortunately, these proponents have provided the public with
unrealistic promises and misleading claims.
The IACP is diligently working with the private sec<strong>to</strong>r and other partners <strong>to</strong> see how
the issues above can be addressed by the law enforcement community, but the federal
government must speak publicly as well. Our country needs your leadership on this issue
and we look forward <strong>to</strong> hearing from you on the concerns outlined above.
Sincerely,
Chief Craig <strong>Steckler</strong>
<strong>President</strong>
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