Department of Justice Says State Marijuana Legalization Lifts Tourism

09.04.2024 - 15:37 / travelpulse.com / Rich Thomaselli / Justice Department

The Department of Justice (DOJ) admitted in a court filing that marijuana and cannabis legalization by states does indeed attract tourism.

The DOJ is asking a federal court to dismiss a lawsuit from marijuana companies seeking to block enforcement of prohibition against state-legal activities, according to Marijuana Moment. The DOJ contested arguments that federal policy is at odds with the government’s enforcement practices.

“Plaintiffs argue that federal marijuana policy no longer serves a goal of eradicating the marijuana trade, yet even if that is true, curtailing the marijuana trade is a legitimate objective regardless of whether the government pursues that objective to the point of eradication,” the Justice Department said. “Plaintiffs also cannot show that any way in which federal marijuana policy is irrational, when they allege that federal policy focuses law enforcement resources on marijuana activities that most implicate vital federal interests such as preventing violence and protecting public safety.”

Obviously, this is a confusing case that could be precedent setting.

The trial is being held in Massachusetts, but affects multiple states.

David Boies is representing the government. His previous clients have included the Justice Department, former Vice President Al Gore and plaintiffs in the case that led to the invalidation of California’s ban on same-sex marriage, according to Marijuana Moment. 

The DOJ said that the marijuana companies lack jurisdiction in the suit partly because they “cannot establish a credible threat of future The DOJ says I could not want the company's lack jurisdiction is partly because they” of the Controlled Substances Act (CSA) .

“Because they allege that the Department of Justice adheres to a policy of not prosecuting those who engage in Plaintiffs’ conduct, they cannot establish a credible threat of future enforcement,” a filing reads.

It almost seems counter-intuitive, but by introducing the argument that states benefit from added tourism and the subsequent dollars the DOJ is trying to prove that there is an added benefit here.

“… they do not and cannot dispute that the Complaint alleges that some third parties have decided to transact with Plaintiffs, while others have declined to do,” it said. … “It is rational to conclude that the regulated marijuana industry in Massachusetts fuels a different kind of marijuana-related interstate commerce: marijuana tourism.”

Marijuana tourism is indeed a massive industry in the travel space, generating over $17 billion and impacting destinations beyond just the United States.

Amsterdam has long had pot smokers lighting up joints in its city, which led to changes in the Red Light District and a ban on smoking on the streets. Even