Counterpoint | Albert Lea has options if it wants to resist the state on cannabis

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Cathy Wurzer of Twin Cities Public Television’s “Almanac” hosted a political panel before Minnesota legalized recreational marijuana two years ago. “Truckers, doctors and law enforcement are all against legalizing cannabis at this point,” she said. “Interesting kind of coalition there. What do you think?”

No panelist gave a responsive answer. None addressed the issues raised by those groups. Nor did pot proponents do so in passing this irresponsible legislation.

The Minnesota Medical Association’s president warned of the risks of normalizing pot in a Minnesota Star Tribune commentary on Jan. 11, 2023. He stated: “Cannabis use may increase the risk of developing psychiatric disorders, including psychosis (schizophrenia), depression and anxiety, particularly among individuals with a pre-existing genetic or other vulnerability.” He stressed the lack of public awareness of these risks. He also stressed the risk of cannabis to young adults’ brain development (brains are not mature until age 25).

Cannabis was legalized in defiance of these risks and in defiance of the menace of impaired driving stressed by law enforcement and truckers. (You’d think, by the way, that when a motorist with cannabis in his bloodstream roars onto Lake Street at 100 miles an hour, obliterates a car, kills five people and complains about the disruption of his evening’s plans, that journalists would mention the increase of traffic fatalities in legalizing states and mention cannabis-induced psychotic breaks. But Twin Cities media tend to be incurious about the dangers of pot.)

The legalization bill slouched into law for a political purpose: to get the marijuana parties off the ballot — and public health, public safety and young adults’ brain development be damned. The bill passed by a single vote in the Minnesota Senate and by a few votes in the House. An overwhelming majority of outstate legislators voted against it.

The city of Albert Lea has challenged this irresponsible law and the cultural overlordship of the Twin Cities. The City Council refused to register a dispensary approved by the state. The state presumably will sue Albert Lea to force it to comply. [Opinion editor’s note: This week the City Council approved two cannabis microbusinesses but stood firm on its rejection of a third.]

The work of Star Tribune contributing columnist Clemon Dabney normalizes marijuana. In a column first published Aug. 6, Dabney strenuously calls for the state to vanquish Albert Lea. He warns that other cities are restive and may join in the revolt.

Dabney argues that Albert Lea is defying the state’s authority over cities. Another level of authority, however, protects Albert Lea. State laws like Minnesota’s flagrantly conflict with federal law.

The federal Controlled Substances Act (CSA) forbids trafficking in marijuana. Enforcement (vested in the U.S. attorney general) has ebbed and flowed. At present there’s a policy of nonenforcement. But sales of marijuana are a federal crime.

Ordinarily, private parties can’t enforce the CSA. Exceptions exist, however, where state laws seek to force people to violate the CSA or to abet violations by others.

Albert Lea can invoke this precedent. The state law requiring city officials to register dispensaries coerces them to aid and abet a federal crime. The Musta case indicates that they need not do so.

Federal civil rights laws likely protect the City Council as well. A state law compelling people to violate a federal criminal statute almost certainly offends due process. People in such a plight can seek injunctive relief (and attorneys’ fees) against offending state officials, under the doctrine of Ex parte Young.

Thus, Albert Lea has weapons to wield in the legal battles that lie ahead. As an Austin Packer who grappled with Albert Lea’s doughty wrestlers, I say: “Go, Tigers!” Stand up for science, public health and public safety. Resist this irresponsible statute and its Goliath of a bureaucracy. And may greater Minnesota (and a public interest law firm or two) stand up with you.