A group of four Republican senators who do not support marijuana legalization has admitted that the policy change disrupts illegal sales by cartels. The acknowledgement comes in a letter urging the Food and Drug Administration (FDA) to reconsider plans to ban menthol cigarettes and set nicotine content limits, arguing that the prohibition and strict regulations could benefit illicit trafficking operations.
Writing to FDA Commissioner Robert Califf on Monday, Sens. Bill Cassidy (R-LA), Marco Rubio (R-FL), Ted Budd (R-NC) and Bill Hagerty (R-TN) unwittingly made the case for the legalization and regulation of controlled substances.
The main point of the letter is to express concern FDA’s proposed menthol cigarette ban, which the senators said could “empower” transnational criminal organizations (TCOs) to “exploit black market opportunities that such policies could create.”
The senators aren’t in favor of cannabis legalization, but they did also—apparently inadvertently—make the case for that reform.
“While the primary threat from Mexican TCOs come from trafficking in illicit drugs, these organizations have diversified their activities in response to changing conditions,” they said. “As it has become easier to sell marijuana products in the U.S., Mexican TCOs have prioritized trafficking fentanyl and other synthetic drugs that are cheaper to manufacture, easier to transport, and generate more profit.”
In other words, the GOP senators are acknowledging that as Americans in more states have the opportunity to buy legal cannabis from licensed retailers, the market share for unregulated marijuana trafficked by cartels is shrinking—and as a result they are having to scramble to sell other substances to make up their losses.
That’s also the conclusion of a federal law enforcement agencies, as well as the Congressional Research Service (CRS), which released a report on the trafficking trend last year.
The head of the labor union that represents U.S. Border Patrol agents also acknowledged in 2020 that states that legalize marijuana are disrupting cartel activity.
In light of what’s been observed with marijuana, the senators are cautioning against opening up a new illicit market for menthol cigarettes by enacting a federal ban, tacitly acknowledging the failures and consequences of prohibition.