Bismarck's Bistro restaurant is known for its fine, grass-fed North Dakota beef and fine wines, but the menu last night included a tasty garden salad with hemp oil dressing. Hemp isn't usually on the menu--at least so far--but the folks at the Bistro added it in honor of the plaintiffs in a case that is being heard at the federal courthouse here this morning. In a little less than an hour, North Dakota farmers Wayne Hauge and Roger Munson, who is also a state senator, and their attorneys, will be in federal court to argue motions in their case against the DEA for refusing to act on their applications to grow hemp. The farmers have the support of the state government, which, in the face of DEA intransigence, has acted to get the DEA out of the way, as well as the hemp industry, some of whose representatives were at the dinner table at the Bistro last night. The attorneys told me last night the most likely outcome of today's hearings is that the judge will not rule immediately, but take the motions under consideration with a ruling to come shortly. The government will ask for a dismissal, but the hemp attorneys think that's unlikely. The hearing will last until about noon, then there will be a post-hearing press availability, which I will attend before heading back to central South Dakota. Yesterday, on the way up here, my gas mileage sucked as I fought bitter winds out of the northwest. Local TV news reported gusts of 74 mph yesterday. The wind is still blowing, but at least this afternoon it'll be at my back as I scoot across the lonely prairies. Look for a feature article on the hemp hearing on Friday.

Explaining the failure of marijuana prohibition is easy. Sociology, economics, history, and psychology can all help to explain why a safe and popular drug cannot be removed from the market by force. Still, there is another important reason why marijuana is here to stay: it evolves at an incredibly rapid pace, becoming stronger and more profitable every day.

The vigorous growth and adaptability of the marijuana plant has long frustrated efforts by law-enforcement to thwart its production. Specific strains are easily cross-bred, producing offspring that emphasize certain qualities, thus growers in Oregon can develop a strain that grows well in Oregon's climate with minimal effort. Hybridization not only improves potency, but can also shorten flowering time and increase yield, thereby enabling growers to produce more in less time.

We're witnessing a situation in which the biological vigor of the plant itself has far outpaced law-enforcement efforts that were never effective to begin with. Indoor-grown strains can advance through 3-4 generations in a year's time, with the best specimens from each batch selected for cloning or crossbreeding. Each successive generation carries on the best traits of the former, which explains why growers can now accomplish in a basement what used to require an acre or more in the woods.

The great irony of all this is that drug warriors still think increased marijuana potency is an argument for their side. In reality, nothing could better illustrate the failure of their efforts to reduce the drug's production. Harsh marijuana laws have incentivized growers to produce a stronger product, which carries the same penalties by weight, while commanding higher prices on the street.

As the bitter debate over marijuana legalization rages on, the plants will grow ever faster, bigger, and stronger. Marijuana is one of nature's most remarkable creations, and it is unbelievable that so many people still haven't figured out that this plant is here to help us. From healthy foods to a promising cancer cure, we should be grateful that cannabis sativa grows and evolves as vigorously as it does.

With every forward step in marijuana's evolution, the war against this resilient plant becomes less and less effective.

Note: Thanks to court-qualified cannabis expert Chris Conrad for answering growing questions, and to pot-paparazzi Steve Bloom for turning me on to the government's awesome 2008 cultivation assessment, which got me thinking about this.

note: this commentary was originally broadcast on WRFN-LP, Nashville Tennessee, on the Green Hour radio show. Other stories from the show can be found at my main blog, Deep Green Perspective.

 

Our truth in strange places award this month goes to Senator Christopher Dodd, of Connecticut, one of the long-shot contenders for the 2008 Democratic nomination, who said in the course of the Oct. 30 debate, in defense of his call for decriminalization of marijuana,

“We’re locking up too many people in our system here today. We’ve got mandatory minimum sentences, they are filling our jails with people that don’t belong there.

“My idea is to decriminalize this, reduce that problem here. We’ve gone from 800,000 to 2 million people in our penal institutions in this country. We’ve got to get a lot smarter about this issue than we are. And as president, I’d try and achieve that. “

Unless you measure success by the number of people arrested, the failure of the war on marijuana is becoming more obvious than ever before. A new Department of Justice report, Drug Threat Assessment 2008, reveals that increased indoor cultivation is flooding the U.S. market with high quality marijuana. As a result, marijuana users may soon be getting more bud for their buck:

In the section, "Predictive Estimates," the report concludes:
• Increased cannabis cultivation may result in reduced marijuana prices.
The recent increases in cannabis cultivation and marijuana production within the United States coincide with the continued flow of marijuana from foreign sources, which may lead to market saturation [in] major markets. This saturation could reduce the price of the drug significantly. [CelebStoner.com]

That's good news for marijuana enthusiasts and bad news for anyone invested in trying to eradicate America's #1 cash crop. Ironically, drug warriors have often cited increased potency as evidence that marijuana is becoming more harmful. This is all nonsense, because users adjust their dose to achieve the desired effect, just as an alcohol user might drink a 12 ounce beer, but not 12 ounces of vodka (not to mention the lack of evidence that marijuana is harmful even in large doses). Nevertheless, the real story here is that marijuana eradication efforts are failing to affect price and supply.

What then is the point of spending billions in an unsuccessful attempt to eradicate this plant? What desirable outcomes are being achieved in exchange for the innocent lives disrupted or lost in the course of this fruitless crusade? Reasonable people can disagree about marijuana use, but who among us cannot think of better things for police to do than this?

Anyone who ever thought we might someday purge this plant from our borders can now be relieved of that foolish notion. Opponents of marijuana and its users must now take stock of the situation and ask whether the indefinite continuation of this endless cat and mouse game is desirable.

It is amusing, perhaps, to the marijuana fans among us to hear that the price of a ¼ bag could go down soon. But remember how much our nation has sacrificed in a hopeless effort to prevent this from happening. Remember how many of our friends and neighbors have been yanked off the streets, forced out of school or work, even lost custody of their children, all because of the stupid idea that we could successfully wage war on marijuana.

I don't begrudge any of you your cheap bags of good bud, but don't get too comfortable. The war on marijuana may have failed, but it still sucks.