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2024 Michigan Evidence
Topicality › T Protection › We Meet---1AR

Commerce clause bars protection.

Celena Dyal 21, JD from University of Maryland Francis King Carey School of Law, “Cannabis IP: How Federal Inconsistencies Have Stifled a Budding Industry,” Journal of Business & Technology Law, 16(1), pp. 188-190, Lexis, kav

However, since cannabis remains a Schedule I drug under the CSA and thus illegal under federal law, it cannot lawfully be used in interstate commerce. Thus, cannabis goods and services are rendered ineligible for federal trademark protection. 242 This is a blaring inconsistency given that patent and copyright protection are both available on the federal level. Although the issues seem to be a constitutional issue, since Congress' power to regulate trademarks stems from the commerce clause, 243 the bar on trademarks could be resolved by de-scheduling or removing cannabis as a Schedule I drug. 244While this might seem like a radical action, it would better align federal law with the trend of progressive state laws legalizing cannabis. It would also allow the U.S. to enter the competitive international cannabis markets. 245Additionally, unifying federal law, especially federal intellectual property laws, on cannabis would clarify whether cannabis trade secrets are protectable under federal law and whether actions for trade secret misappropriation may be heard by federal courts. 246

2024 Michigan Evidence
Topicality › T Protection › We Meet---1AR

They bar trademark protection.

Victoria Panettiere 24, JD candidate at GW Law School, BS from Northeastern, “The Green Wave and Potential Impacts on Federal Trademark Eligibility,” Federal Circuit Bar Journal, 33(2), pp. 183-184, Lexis, kav

Despite rapid state-level efforts toward legalization, the federal cannabis prohibition presents a major problem for businesses in the industry seeking federal trademark protection.91 To avoid being barred from federal trademark protections, these businesses must either jump through major hoops to ensure compliance with federal law or settle for less rigorous protections under state [*184] trademark law.92 These limited options not only depress the industry but also cause harm to consumers, cannabis farmers, and business owners while directly conflicting with the purposes of federal trademark law.93

2024 Michigan Evidence
Topicality › T Protection › T---Protection---2AC

Protection is only a right to acquire.

7th Circuit 11, United States Court of Appeals for the Seventh Circuit, Ezell v. City of Chicago, Lexis, kav

The plaintiffs challenge only the City's ban on firing ranges, so our first question is whether range training is categorically unprotected by the Second Amendment. Heller and McDonald suggest to the contrary. The Court emphasized in both cases that the "central component" of the Second Amendment is the right to keep and bear arms for defense of self, family, and home. Heller, 554 U.S. at 599; McDonald, 130 S. Ct. at 3048. [**48] The right to possess firearms for protection implies a corresponding right to acquire and maintain proficiency in their use; the core right wouldn't mean much without the training and practice that make it effective. Several passages in Heller support this understanding. Examining post- Civil War legal commentaries to confirm the founding-era "individual right" understanding of the Second Amendment, the Court quoted at length from the "massively popular 1868 Treatise on Constitutional Limitations" by judge and professor Thomas Cooley: "[T]o bear arms implies something more than the mere keeping; it implies the learning to handle and use them . . . ; it implies the right to meet for voluntary discipline in arms, observing in doing so the laws of public order." 554 U.S. at 616, 617-18 (internal quotation marks omitted); see also id. at 619 ("'No doubt, a citizen who keeps a gun or pistol under judicious precautions, practices in safe places the use of it, and in due time teaches his sons to do the same, exercises his individual right.'" (quoting Benjamin Vaughan Abbott, Judge and Jury: A Popular Explanation of the Leading Topics in the Law of the Land 333 (1880))).

2024 Michigan Evidence
Topicality › T Protection › T---Protection---2AC

Strengthen protection means helping the rights owner---topical affs must make IP easier to acquire, broaden its scope, or provide remedies for infringement.

Mandel ’18 [Gregory N.; January; Dean & Peter J. Liacouras Professor of Law, Temple University; Minnesota Law Review, “Institutional Fracture in Intellectual Property Law: The Supreme Court Versus Congress,” 102:803]

I constructed a database of every Supreme Court opinion implicating patent, copyright, trademark, or trade secret issues from July 1, 2002 through June 30, 2016. The database entries are the Supreme Court’s final decision in each matter; certiorari dispositions are not included. I removed from the database any cases that, though referring to intellectual property law, did not actually decide any intellectual property issue. For example, Illinois Tool Works, Inc. v. Independent Ink, Inc. concerned whether there should be a presumption of market power under antitrust law where the product in question is subject to patent protection.7 Though this case bears a relation to patent protection, its result did not turn on or affect patent law. The final Supreme Court database includes forty-four intellectual property decisions and is summarized in Appendix A. Using similar methods, I developed a database of every federal statute concerning patent, copyright, trademark, or trade secret rights during the same time period. As with the Supreme Court data, I removed statutes that did not actually affect patent, copyright, trademark, or trade secret doctrine. For example, the Lanham Act is the primary statute providing for Federal trademark protection in the United States.8 Portions of the Lanham Act regulate nontrademark activities, such as false advertising.9 Legislation that affected only the false advertising portions of the Lanham Act was excluded from the database. The final dataset includes forty-three legislative entries for the pertinent period and is summarized in Appendix B.10 The following sections analyze the contours of intellectual property activity in these Supreme Court and congressional datasets.

A. SUPREME COURT DECISIONS

2024 Michigan Evidence
Topicality › T Protection › T---Protection---2AC

1. We meet. The plan increases trademark protection by declassifying marijuana.

Stephanie Geiger-Oneto 20, Associate Professor of Marketing at the University of Wyoming College of Business; Robert Sprague, Professor of Legal Studies in Business, University of Wyoming College of Business, Winter 2020, “Cannabis Regulatory Confusion and Its Impact on Consumer Adoption,” American Business Law Journal, 57(4), pp. 749-750, Lexis, kav

In addition to the CSA, other federal laws prohibit illegal activities, particularly those associated with illicit drug distribution, from relying on the services and protections that are routinely available to businesses such as banking, tax relief, and trademark protection. Because of marijuana's Schedule I classification under the CSA, these services and benefits remain largely unavailable to marijuana-related businesses. For example, marijuana producers and sellers in states where personal use became legal quickly found that they were denied banking services because the banks feared money laundering prosecution under federal [*750] law. 100 Today, an estimated seventy percent of legal marijuana businesses do not have a bank account. 101 Even if the federal government was disinclined to prosecute banks for dealing with state-legal marijuana businesses, 102 those business's assets would still be subject to forfeiture under the CSA. 103

2024 Michigan Evidence
Case › Solvency › Solvency---AT: ITU Applications---2AC

ITU applications fail.

John Gilbertson 20, JD from Drake University Law School, “Blunt Advice: A Crash Course in Cannabis Trademarks,” IDEA, Vol. 60, pp. 539-540, Lexis, kav

For those brands that want federal registration for their cannabis marks right now, and are comfortable with some degree of risk, a few novel tactics have emerged. The [*540] first involves filing an intent to use (ITU) application under Section 1(b). Intent to use applications allow an applicant to secure its place in line without having to actually use the mark in commerce. Once an ITU application has been granted a notice of allowance, the applicant will have six months (extendable to three years) to file a statement of use, thereby transforming the ITU allowance into a full-blown federally registered trademark. A savvy cannabis brand might file an ITU application now, declaring that cannabis-related goods and services are (or will be) lawful under the CSA, and then simply pray that it comes true before the three-year window lapses. 160 Given the long timeline of examination, such a tactic would, if successful, confer a considerable head start to those seeking nationwide priority for their cannabis marks. The obvious risk is that if no change in the law actually occurs, the mark will be just as unlawful three years down the road as it is right now; the applicant will then have to start all over with a new application. At the end of the day, however, this seems an unlikely solution since the USPTO is entitled to ask questions to which the applicant is required to truthfully respond. 161 An alternative is to apply, wait for Office Action, respond, wait for final, and then before the response is due, refile just to keep the application going.

2024 Michigan Evidence
Case › Solvency › Solvency---Black Market---2AC

Legalization drives out black-market participants by facilitating a shift to IP.

Spencer Keller 20, Staff Editor of the Texas A&M Law Review, JD from Texas A&M, Fall 2020, “How Small Cannabis Businesses can Survive the Hurdles of IP Protection,” Texas A&M Law Review, 8(1), pp. 222-223, Lexis, kav

Emerging cannabis businesses face significantly different hurdles compared to emerging businesses in other industries. Due to federal laws and administrative rulings, cannabis businesses cannot and do not enjoy the same patent and trademark advantages that emerging businesses in other industries enjoy.

These IP disadvantages mean that cannabis businesses must be mindful of their legal options and take advantage of these options in an effective and creative manner. Ideally, emerging cannabis businesses should utilize a combination of IP mechanisms to protect and build their brands as each confers different protections. When patenting is not a viable option, businesses can utilize ancillary and state trademarks, carefully protect trade secrets, and capitalize on branding techniques like the first-mover advantage. But given the cannabis industry's exponential growth, the federal government must remove the IP hurdles that emerging cannabis businesses face. Congress can and should act to faithfully execute its duty to "promote the Progress of Science and useful Arts" 207and grant cannabis businesses rights enjoyed by other industries. The most obvious measure Congress can take is legalizing the cultivation, transportation, sale, and use of marijuana on a federal level. Such action would likely create uniform regulation throughout the country whereas currently marijuana law is a patchwork of state law.

2024 Michigan Evidence
Case › Solvency › Solvency---AT: Patents---2AC

Illegality prevents patents.

Spencer Keller 20, Staff Editor of the Texas A&M Law Review, JD from Texas A&M, Fall 2020, “How Small Cannabis Businesses can Survive the Hurdles of IP Protection,” Texas A&M Law Review, 8(1), pp. 205-206, Lexis, kav

For cannabis business owners and researchers, patenting cannabis-related inventions may appear to be a logical business and legal step, but marijuana's federal illegality may render many cannabis patents invalid. Throughout patent law jurisprudence, courts have grappled with the principle that in order for an invention to be "useful" as required by section 101, the invention must be legal and "moral," but [*206] courts have moved away from strictly applying morality and legality standards. 59

2024 Michigan Evidence
Case › Solvency › Solvency---AT: State Solve Now---2AC

Federal and state synchronization are key.

John Gilbertson 20, JD from Drake University Law School, “Blunt Advice: A Crash Course in Cannabis Trademarks,” IDEA, Vol. 60, pp. 541-543, Lexis, kav

Another option is to obtain trademark registrations in all states where the mark is being used. Like federal registration, state registration confers certain benefits on trademark owners beyond those obtained simply through [*542] common law use. Registration is possible in all states which have legalized the recreational use of marijuana, as well as most states which have legalized it for medicinal purposes, which is upwards of thirty-three states as of the date of this Article. 164This entitles registrants to sue infringers in state court.

This approach has a few drawbacks. One is that unlike federal registration, which grants presumptive nationwide priority regardless of the mark's geographic scope of use, only four states (Florida, Massachusetts, Texas, and Virginia) do the same thing for state-registered marks; the rest simply rubber-stamp the mark's common law rights with "registered" status. 165 This limits a trademark owner's ability to enjoin use of a confusingly similar variant outside the owner's geographic area of use--the same remedy available for unregistered common law marks. 166 In those states which do not confer statewide priority, it is thus unclear how much advantage state registrations will provide.

2024 Michigan Evidence
Case › Solvency › Solvency---AT: State Solve Now---2AC

Federal trademarks provide a slew of advantages---less confusion, better infringement, and more effective trademarks.

Lindsay Stern 18, JD from GW Law, “Roses are Red, Marijuana is Green, Cannabis Trademarks Are Unlawful, but What Exactly Does That Mean?” Federal Circuit Bar Journal, 27(2), pp. 247-252, Lexis, kav

In general, trademarks can lead to economic benefits, including an owner's right to exclusive use and reducing consumer search costs. A trademark can also lead to a higher, more consistent quality of products.

1. Economic Benefits of Trademarks

2024 Michigan Evidence
Case › Solvency › Solvency---AT: State Solve Now---2AC

Overlap prevents trademark protection.

Charles Wells 21, JD from UGA Law School, “Trademarking Recreational Marijuana and Potential Threats to the United States' Treaty Obligations,” Journal of Intellectual Property, 28(1), pp. 281-282, Lexis, kav

In Kiva Health Brands L.L.C. v. Kiva Brands Inc, the United States District Court for the Northern District of California directly considered the availability of federal trademark protection for a business engaged in cannabis commerce. 71The plaintiff, Kiva Health Brands L.L.C. (KHB), produced and sold food supplements in Hawaii. 72None of KHB's products contained marijuana. 73The [*282] defendant, Kiva Brands Inc. (KBI), produced and sold marijuana-infused confections throughout California. 74KHB sued for trademark infringement and unfair competition under the Lanham Act, citing concerns that brand confusion would lead consumers to assume KHB's products also contained marijuana. 75Both parties recognized that KHB possessed three valid USPTO trademarks relating to the "KIVA" name from the years 2014, 2015, and 2016. 76Kiva Brands Inc. (KBI) fully acknowledged these trademarks but claimed common-law trademark protection based on use in commerce in California since 2010. 77KBI only claimed ownership rights in California. 78KBH asserted that all of KBI's products were infused with marijuana and therefore cannot receive federal trademark protection. 79 The court accepted this argument wholesale stating that federal laws prohibiting marijuana production and sale precluded any federally recognizable trademark protections from developing. 80KBI accepted that it possessed no right to federal trademark recognition, but contended that the lack of a federal trademark was irrelevant to its claim under California common law. 81 The court rejected this argument and held that state trademark protections could not defend against a federal infringement claim if the trademark's use violated federal law. 82 This ruling decisively concludes that no business conducting marijuana commerce in violation of federal law can rely on federal protection. Even if a business has a valid trademark under state law, a different entity engaged in lawful conduct could apply and receive federal protection for the exact same mark.

2024 Michigan Evidence
Case › Solvency › Solvency---AT: State Solve Now---2AC

States fail. They lack enforcement capabilities and can’t go across borders.

H. Justin Pace 20, Assistant Professor of Business Law at Western Carolina University in the College of Business, “The “Free Market” for Marijuana: A Sober Clear-eyed Analysis of Marijuana Policy,” Lewis & Clark Law Review, 24(4), pp. 1242-1244, Lexis, kav

Marijuana businesses also face barriers to using trademark laws to protect their [*1243] growing brands. 177The United States has a dual trademark system: federal law provides trademark protection under the Lanham Act 178and state governments provide trademark protection under both state statutes and common law. 179 Taking full advantage of federal trademark law requires successful registration of a trademark. 180 Federal trademark law requires the mark be used in legal commerce. 181 The United States Patent and Trademark Office (USPTO) has denied marks that it deems associated with marijuana. 182Federal courts have also refused to give priority to a senior user of a mark on the basis that it had used the mark in association with marijuana. 183

The United States has a dual system for trademark law, but, unlike its dual system for banking regulation, 184state trademark law is able to exist outside of federal trademark law. Even if the USPTO refuses to register marijuana-related marks, states can still provide protection for the trademarks of marijuana businesses under state law. State trademark protection only extends, however, to the borders of the state itself 185and "may be limited to areas of actual use and natural expansion." 186 But marijuana businesses may run into issues even in states that have legalized marijuana. Efforts failed in California to clarify that marks can be protected if they are associated with the sale of marijuana in compliance with state law. 187 California has nonetheless allowed the state-level registration of marijuana marks. 188 State courts [*1244] have been willing to enforce state-registered marijuana marks against junior users. 189

2024 Michigan Evidence
Case › Solvency › Solvency---AT: Trademark Laundering---2AC

It’s a trap!

Viva R. Moffat 22, Professor of Law and Co-Director of the Intellectual Property and Technology Law Program at the University of Denver Sturm College of Law; Sam Kamin, Chauncey G. Wilson Memorial Research Chair and Professor of Law at the University of Denver Sturm College of Law; Tim Maffett, JD from University of Denver Sturm College of Law, Law Clerk to Supreme Court, May 2022, “Cannabis, Consumers, and the Trademark Laundering Trap,” William & Mary Law Review, 63(6), pp. 1984-1986, Lexis, kav

To see why, assume for a moment an alternate universe in which Ventures has a registered trademark for the WOODSTOCK mark in connection with music festivals and that Roots has been using the WOODSTOCK mark for approximately twenty-five years in connection with a radio station. In this counterfactual story, Roots does not seek federal registration of its mark, but they do begin selling smokers' articles as well as marijuana when it is legalized for recreational purposes in New York. Well after Roots begins selling marijuana, Ventures decides that they wish to move into the cannabis space as well. Under this version of the story, Roots has a valid, though unregistered, trademark in WOODSTOCK in connection with marijuana and smokers' articles, 232and it is the senior user of the mark in that context. So, when Roots sues Ventures for trademark infringement, a court could easily conclude Roots owns [*1985] the mark for use in connection with smokers' articles (and possibly marijuana, though the lawful use doctrine may still be invoked here to deprive Roots of trademark rights in connection with marijuana itself). 233Roots will assert that Ventures' sale of marijuana under the WOODSTOCK mark is likely to cause confusion with Roots' rights in connection with smokers' articles.

This is where the outcome diverges from the real-world dispute. In this alternate story, because Roots has not sought any form of federal trademark protection - and they have not laundered their trademark - they have not been required to file a disclaimer indicating that they are not seeking registration for use of the mark in connection with marijuana. In this scenario, Roots would be able to point to the proximity of the goods and to indicate that they have expanded into marijuana sales or that they plan to do so when the federal prohibition is lifted. In this alternative universe, there would be no statement to the contrary in PTO records that the court could use against Roots. Roots would not have submitted any documents to the PTO from which a court could conclude that their goods were "not intended for use with recreational marijuana." 234This alternate-universe Roots would thus be much more likely to prevail on a likelihood of confusion argument than the actual Roots was. It seems quite logical that a company selling smokers' articles and vaping devices, even if only for tobacco, would be likely to expand into marijuana sales (certainly more likely than an entertainment company that puts on music festivals).

2024 Michigan Evidence
Case › Solvency › Solvency---AT: Trademark Laundering---2AC

Trademark laundering increases consumer confusion and unfair competition.

Viva R. Moffat 22, Professor of Law and Co-Director of the Intellectual Property and Technology Law Program at the University of Denver Sturm College of Law; Sam Kamin, Chauncey G. Wilson Memorial Research Chair and Professor of Law at the University of Denver Sturm College of Law; Tim Maffett, JD from University of Denver Sturm College of Law, Law Clerk to Supreme Court, May 2022, “Cannabis, Consumers, and the Trademark Laundering Trap,” William & Mary Law Review, 63(6), pp. 1978-1979, Lexis, kav

The apparent success of the trademark-laundering strategy obscures significant concerns. The way that the PTO and the courts have interpreted and applied the lawful use doctrine has led to a situation in which there may be more downside than upside to federal registration for marijuana firms. What is more, the current downsides of trademark registration are likely to become more problematic, presenting significant hurdles to marijuana companies as the United States inches closer to federal legalization. We explain in this Part why the current situation presents more problems than we anticipated and what it implies for the future - for cannabis companies, for their lawyers, and for consumers.

A. For Cannabis Companies and Cannabis Consumers, Registration Is a Trap

2024 Michigan Evidence
Case › Solvency › Solvency---AT: Trademark Laundering---2AC

Trademark laundering was barred.

Benjamin Harbuck 23, Senior Managing Associate at Dentons, 5/15/2023, “TTAB Upholds USPTO Policy Prohibiting Registrations in Trademarks Claiming Cannabis Paraphernalia,” https://www.dentons.com/en/insights/newsletters/2023/may/15/ttab-upholds-uspto-policy-prohibiting-registrations-in-trademarks-claiming-cannabis-paraphernalia, kav

Earlier this month, in the case of In re National Concessions Group, Inc., TTAB Ex Parte Appeal No. 87168058, the US Trademark Trial and Appeal Board (“TTAB”) upheld the US Patent and Trademark Office’s (“USPTO”) policy of applying the Controlled Substances Act (“CSA”) to refuse trademark registration for cannabis paraphernalia, even where the trademark application does not explicitly claim cannabis-related goods but the goods are primarily intended to be used with cannabis, and regardless of expanded state cannabis legalization.

The ruling has implications for trademark protection for cannabis related items and arguably for the application of the state law authorization exemption to the federal paraphernalia prohibition. For example, while it may have previously been the case that federal trademark applications relating to cannabis paraphernalia occasionally obtained registration by avoiding mention of cannabis, the USPTO is now more likely to closely scrutinize such applications for possible cannabis connections. And, USPTO trademark examiners who may have previously expressed some confusion in implementing the USPTO’s existing policy in relation to marks claiming cannabis paraphernalia goods (as opposed to cannabis itself) will be more likely to confidently refuse registration of cannabis paraphernalia with this new TTAB precedent to back them up.

2024 Michigan Evidence
Case › Solvency › Solvency---AT: Substance Abuse---2AC

Legalization doesn’t increase substance abuse nor illicit drug use.

Lisa Marshall 23, 1/24/2023, “‘Gateway drug’ no more: Study shows legalizing recreational cannabis does not increase substance abuse,” https://www.colorado.edu/today/2023/01/24/gateway-drug-no-more-study-shows-legalizing-recreational-cannabis-does-not-increase, kav

Legalizing recreational cannabis at the state level does not increase substance use disorders or use of other illicit drugs among adults and, in fact, may reduce alcohol-related problems, according to new CU Boulder research.

The study of more than 4,000 twins from Colorado and Minnesota also found no link between cannabis legalization and increases in cognitive, psychological, social, relationship or financial problems.

2024 Michigan Evidence
Case › Solvency › Inherency---Trademarks---2AC

It’s illegal under federal law.

Alicia R. Ashcraft 24, co-founder and managing partner at Ashcraft & Bar LLP, April 2024, “Intellectual Property Protection in the Cannabis Industry,” Nevada Lawyer, 32(1), p. 2, Lexis, kav

Trademark and service mark protection is widely used to prevent competitors from capitalizing on a successful name or brand while also protecting consumers from confusion as to the source of the goods or services they are buying. In the cannabis industry, trademark protection can be difficult to acquire as federal trademark registration is only allowed for lawful use, and marijuana remains illegal under federal law. This rule was modified slightly by the 2018 Farm Bill, which allows registration so long as the products, including hemp and cannabidiol (CBD) goods, contain no more than 0.3 percent tetrahydrocannabinol (THC). Other noncannabis goods and services, such as smoker's articles and paraphernalia, consulting services, topicals, batteries for vaporizers, machines, packaging, and website blogs may have the availability to file for federal trademark protection and thus designate the source of such non-cannabis goods and services. Additionally, state trademark registrations may be available for cannabis goods that do contain levels of THC above 0.3 percent, especially in states that have legalized. When successfully applied, trademark can provide protection for brands and can cover any word, name, symbol, or device that consumers use to identify and distinguish the cannabis business as the source of goods or services and may last for so long as the trademark is used in commerce.

2024 Michigan Evidence
Case › Solvency › Inherency---Trademarks---2AC

Courts have empirically upheld Congress’s standard for trademarks.

Stephanie Geiger-Oneto 20, Associate Professor of Marketing at the University of Wyoming College of Business; Robert Sprague, Professor of Legal Studies in Business, University of Wyoming College of Business, Winter 2020, “Cannabis Regulatory Confusion and Its Impact on Consumer Adoption,” American Business Law Journal, 57(4), pp. 751-752, Lexis, kav

Federal trademark law does not protect marijuana products as long as marijuana remains a prohibited scheduled drug. 108 The U.S. Patent and Trademark Office currently rejects trademark registration applications from growers, producers, and sellers of marijuana because marijuana remains illegal under federal law. 109 In fact, marijuana-related businesses cannot avail themselves of any sort of trademark protection. For example, Kiva Health Brands LLC (KHB), which supplies natural foods under the trademark KIVA (issued in 2013), filed a trademark infringement lawsuit against Kiva Brands, Inc. (KBI), a maker of cannabis-infused chocolate and other "edibles," that had called its products "Kiva Confections" (sometimes without the "Confections" identifier) since 2010. 110KBI asserted prior use as an affirmative defense, claiming it was the senior user of KIVA. 111Acknowledging that KBI was asserting a common law right to the KIVA mark under California law, the court concluded that KBI was nevertheless defending against a federal trademark claim. 112Also, the court noted that KBI's prior use of the mark was illegal under federal law. 113"KBI therefore did not make lawful prior use [*752] of the mark," 114

[Footnote 114 Begins]

2024 Michigan Evidence
Case › Solvency › Inherency---Legalization---2AC

It’s not happening anytime soon.

Will Yakowicz 23, Forbes Staff, 6/30/2022, “Why National Cannabis Legalization Is Still A Decade Away,” https://www.forbes.com/sites/willyakowicz/2023/06/30/why-national-cannabis-legalization-is-still-a-decade-away/, kav

But for the $25 billion state-regulated cannabis industry and the $47 billion underground and unlicensed pot economy, the dream of federal legalization has remained a nightmare. The legal marijuana economy is broken. Thanks to continued prohibition, folks cannot sell or distribute product over state lines and profits are crushed by a punitive federal tax rate created for drug traffickers.

The stock prices of cannabis companies are down 75% since 2020, when the outlook for legalization was positive. After 2022 ended without any significant reform, reality set in: despite cannabis legalization being hugely popular with voters—more Americans voted for marijuana legalization in Arizona (60%) than for Biden (49.4%) and more people in Mississippi voted to legalize medical marijuana (73%) than supported Trump (58%) during the 2020 election—it is not a political priority inside the Beltway.

2024 Michigan Evidence
Case › China Advantage › Add-On---Latin America---2AC

Latin American instability causes extinction

Krepinevich & Lindsey 13 --- Dr. Andrew F. Krepinevich, Jr. is the President of the Center for Strategic and Budgetary Assessments, which he joined following a 21- year career in the U.S. Army. He has served in the Department of Defense 􀂶s 􀀲􀌇ce of 􀀱et Assessment, on the personal sta􀌆 of three secretaries of defense, the 􀀱ational Defense Panel, the Defense Science Board Task Force on Joint Experimentation, and the Defense Policy Board. He is the author of 7 Deadly Scenarios: A Military Futurist Explores War in the 21st Century and The Army and Vietnam. A West Point graduate, he holds an M.P.A. and a Ph.D. from Harvard University—AND—Eric Lindsey is an analyst at the Center for Strategic and Budgetary Assessments (CSBA). His primary areas of interest concern U.S. and world military forces, both current and prospective, and the future strategic and operational challenges that the U.S. military may face. Since joining CSBA in 2009, Eric has contributed to a number of CSBA monographs. He most recently co-authored The Road Ahead, an analytical monograph exploring potential future challenges and their implications for U.S. Army and Marine Corps modernization. In conjunction with his research and writing, Eric has helped design and conduct dozens of strategic and operational-level wargames exploring a wide variety of future scenarios. He holds a B.A. in military history and public policy from Duke University and is pursuing an M.A. in strategic studies and international economics from the Johns Hopkins School of Advanced International Studies (SAIS). “Hemispheric Defense in the 21ST Century

As the previous chapter demonstrates, for the past two hundred years the principal cause of concern for U.S. defense policymakers and planners thinking about Latin America has been the prospect that great powers outside the Western Hemisphere could exploit the military weakness and internal security challenges of the states within it to threaten U.S. security. While there is reason for optimism about the future of Latin America,58 there is also cause for concern. The region faces enduring obstacles to economic59 and political development60 as well as signi􀂿cant internal security challenges. As General John Kelly, the commander of U.S. Southern Command (SOUTHCOM)61 noted in his March 2013 posture statement before Congress, Latin America: 􀀾I􀁀s a region of enormous promise and exciting opportunities, but it is also one of persistent challenges and complex threats. It is a region of relative peace, low likelihood of interstate con􀃀icts, and overall economic growth, yet is also home to corrosive criminal violence, permissive environments for illicit activities, and episodic political and social protests.62 The instability and non-traditional security challenges that General Kelly cites provide potential opportunities for the United States’ major rivals to (borrowing a term from Monroe’s declaration) “interpose” themselves into the region and, by so doing, threaten regional stability and U.S. security. Two discernible trends suggest that current and prospective Eurasian rivals could seek to exploit regional conditions and dynamics in ways that could impose immense costs on the United States and divert its attention from more distant theaters overseas. The first trend is a return to a heightened level of competition among the “great powers” following two decades of U.S. dominance. The second trend concerns the growing cost of projecting power by traditional military means due to the proliferation of “anti-access/area-denial” (A2/AD) capabilities in general, and precision-guided munitions (PGMs) in particular. These trends suggest that, despite a possible decline in relative U.S. power, external forces will continue to 􀂿nd it beyond their means to threaten the hemisphere through traditional forms of power projection. Far more likely is a return of a competition similar to that which the United States engaged in with the Soviet Union during the Cold War. During that period both powers sought to avoid direct con􀃀ict with the other, given the risks of escalation to nuclear con􀃀ict. Instead each focused primarily on gaining an advantage over the other through the employment of client states and non-state groups as proxies. Proxies were employed for reasons other than avoiding a direct clash, such as gaining positional advantage (e.g., enabling the sponsor to establish bases in its country, as the Soviets did in Cuba). Proxies were also employed as a means of diverting a rival’s attention from what was considered the key region of the competition and to impose disproportionate costs on a rival (e.g., Moscow’s support of 􀀱orth Vietnam as a means of drawing o􀌆 U.S. resources from Europe). This chapter outlines trends in the Western Hemisphere security environment that outside powers may seek to exploit to advance their objectives in ways that threaten regional stability and U.S. security. This is followed by a discussion of how these external powers might proceed to do so. Seeds of Instability Crime, Illicit Networks, and Under-Governed Areas Latin America has a long history of banditry, smuggling, and organized crime. As in the case of Pancho Villa and the 1916-1917 Punitive Expedition, these activities have occasionally risen to a level at which they in􀃀uence U.S. national security calculations. Rarely, however, have these activities been as pervasive and destabilizing as they are today. Although a wide variety of illicit activity occurs in Latin America, criminal organizations conducting drug tra􀌇cking are the dominant forces in the Latin American underworld today, accounting for roughly 􀀇􀀗0 billion per year63 of an estimated 􀀇100 billion in annual illicit trade.6􀀗 Since the Colombian cartels were dismantled in the 1990s, this lucrative trade has been dominated by powerful Mexican cartels whose operations extend across the length and breadth of Mexico, as well as up the supply chain into the cocaine-producing regions of the Andean Ridge and through their wholesale and retail drug distribution networks across the United States.65 The cartels, along with countless smaller criminal organizations, comprise what the head of SOUTHCOM has described as, 􀀾a􀁀n interconnected system of arteries that traverse the entire Western Hemisphere, stretching across the Atlantic and Paci􀂿c, through the Caribbean, and up and down 􀀱orth, South, and Central America . . . 􀀾a􀁀 vast system of illicit pathways 􀀾that is used􀁀 to move tons of drugs, thousands of people, and countless weapons into and out of the United States, Europe, and Africa with an e􀌇ciency, payload, and gross pro􀂿t any global transportation company would envy.66 That being said, the drug tra􀌇cking underworld is by no means a monolithic entity or cooperative alliance. Rather, it is a fractious and brutally competitive business in which rival entities are constantly and literally 􀂿ghting to maximize their share of the drug trade and for control of the critical transshipment points, or plazas, through which it 􀃀ows. To attack their competitor’s operations and protect their own operations from rivals and the Mexican government’s crackdown that began in 2006, the cartels have built up larger, better armed, and more ruthless forces of hired gunmen known as sicarios. Using the billions of dollars generated by their illicit activities, they have acquired weapons and equipment formerly reserved for state armies or state-sponsored insurgent groups, including body armor, assault ri􀃀es, machine guns, grenades, landmines, anti-tank rockets, mortars, car bombs, armored vehicles, helicopters, transport planes, and—perhaps most remarkably—long-range submersibles.67 The cartels’ pro􀂿ts have also enabled them to hire former police and military personnel, including members of several countries’ elite special operations units68 and, in several cases, active and former members of the U.S. military.69 These personnel bring with them—and can provide to the cartels—a level of training and tactical pro􀂿ciency that can be equal or superior to those of the government forces they face. As a result of this pro􀂿ciency and the military-grade weapons possessed by the cartels, more than 2,500 Mexican police o􀌇cers and 200 military personnel were killed in confrontations with organized crime forces between 2008 and 2012 along with tens of thousands of civilians.70 In the poorer states of Central America, state security forces operate at an even greater disadvantage.71 While their paramilitary forces enable the cartels to dominate entire cities and large remote areas through force and intimidation, they are not the only tool available. The cartels also leverage their immense wealth to buy the silence or support of police and government o􀌇cials who are often presented with a choice between plata o plomo—“silver or lead.” According to the head of the Mexican Federal Police, around 2010 the cartels were spending an estimated 􀀇100 million each month on bribes to police.72 By buying o􀌆 o􀌇cials—and torturing or killing those who cannot be corrupted—the cartels have greatly undermined the e􀌆ectiveness of national government forces in general and local police in particular. This, in turn, has undermined the con􀂿dence of the population in their government’s willingness and ability to protect them. Through these means and methods the cartels have gained a substantial degree of de facto control over many urban and rural areas across Mexico, including major cities and large swathes of territory along the U.S.-Mexico border. In many of these crime-ridden areas the loss of con􀂿dence in the government and police has prompted the formation of vigilante militias, presenting an additional challenge to government control.73 Meanwhile, in the “northern triangle” of Central America (the area comprising Guatemala, Honduras, and El Salvador through which the cartels transship almost all cocaine bound for Mexico and the United States) the situation is even more dire. Approximately 90 percent of crimes in this area go unpunished, while in Guatemala roughly half the country’s territory is e􀌆ectively under drug tra􀌇ckers’ control.7􀀗 Further south, similar pockets of lawlessness exist in coca-growing areas in Colombia, Venezuela, Ecuador, Peru, and Bolivia. In Colombia and along its borders with Venezuela, Ecuador, and Peru, much of the coca-growing territory remains under the control of the Revolutionary Armed Forces of Colombia, or FARC. A guerrilla organization founded in the 1960s as a Marxist-Leninist revolutionary movement dedicated to the overthrow of the Colombian government, the FARC embraced coca growing in the 1990s as a means of funding its operations and has subsequently evolved into a hybrid mix of left-wing insurgent group and pro􀂿t-driven cartel.76 This hybrid nature has facilitated cooperation between the FARC and ideological sympathizers like the Bolivarian Alliance, Hezbollah, Al Qaeda in the Islamic Maghreb, and other extremist groups77 as well as with purely criminal organizations like the Mexican cartels. Although the FARC has been greatly weakened over the past decade and no longer poses the existential threat to the Colombian government that it once did, it remains 􀂿rmly in control of large tracts of coca-producing jungle, mostly straddling the borders between Colombia and FARC supporters Venezuela and Ecuador. In summary, organized crime elements have exploited under-governed areas to establish zones under their de facto control. In so doing they pose a signi􀂿cant and growing threat to regional security in general and U.S. interests in particular. As SOUTHCOM commander General Kelly recently observed: 􀀾T􀁀he proximity of the U.S. homeland to criminally governed spaces is a vulnerability with direct implications for U.S. national security. I am also troubled by the signi􀂿cant criminal capabilities that are available 􀀾within them􀁀 to anyone—for a price. Transnational criminal organizations have access to key facilitators who specialize in document forgery, trade-based money laundering, weapons procurement, and human smuggling, including the smuggling of special interest aliens. This criminal expertise and the ability to move people, products, and funds are skills that can be exploited by a variety of malign actors, including terrorists.78 Hezbollah and the Bolivarian Alliance Hezbollah in Latin America 􀀱on-state entities recognized by the U.S. as terrorist organizations also operate in the region, most notably Lebanon-based Hezbollah, an Iranian client group. Hezbollah maintains an active presence in the tri-border area (TBA) of South America— the nexus of Argentina, Brazil, and Paraguay—stretching back to the 1980s. The TBA has traditionally been under-governed and is known by some as “the United 􀀱ations of crime.”79 Eight syndicate groups facilitate this activity in South America’s so-called “Southern Cone,” overseeing legitimate businesses along with a wide range of illegal activities to include money laundering, drug and arms traf- 􀂿cking, identity theft and false identi􀂿cation documents, counterfeiting currency and intellectual property, and smuggling. 􀀱ot surprisingly they are linked to organized crime and to non-state insurgent and terrorist groups, such as the FARC.80 Estimates are that over 􀀇12 billion in illicit transactions are conducted per year, a sum exceeding Paraguay’s entire GDP by a substantial amount.81 Hezbollah achieved notoriety in the region in 1992 when it bombed the Israeli embassy in Argentina. This was followed with the bombing of the AMIA Jewish community center in Buenos Aires two years later. Like many other terrorist organizations, as Hezbollah expanded it established relationships with drug cartels82 that it supports in a variety of ways. For example, the cartels have enlisted Hezbollah, known for its tunnel construction along the Israeli border, for help in improving their tunnels along the U.S.-Mexican border. In 2008, Hezbollah helped broker a deal in which one of Mexico’s major drug cartels, Sinaloa, sent members to Iran for weapons and explosives training via Venezuela using Venezuelan travel documents. 83 As the locus of the drug trade and other illegal cartel activities moved north into Central America and Mexico, Hezbollah has sought to move with it with mixed success. In October 2011, Hezbollah was linked to the e􀌆orts of an Iranian-American to conspire with Iranian agents to assassinate the Saudi ambassador to the United States. The plot involved members of the Los Zetas Mexican drug cartel.8􀀗 The would-be assassin, Mansour Arbabsiar, had established contact with his cousin, a Quds Force85 handler, Gen. Gholam Shakuri. The plot is believed by some to be part of a wider campaign by the Quds Force and Hezbollah to embark on a campaign of violence extending beyond the Middle East to other Western targets, including those in the United States.86 In early September 2012, Mexican authorities arrested three men suspected of operating a Hezbollah cell in the Yucatan area and Central America, including a dual U.S.-Lebanese citizen linked to a U.S.-based Hezbollah money laundering operation. 87A few months later, in December 2012, Wassim el Abd Fadel, a suspected Hezbollah member with Paraguayan citizenship, was arrested in Paraguay. Fadel was charged with human and drug tra􀌇cking and money laundering. Fadel reportedly deposited the proceeds of his criminal activities—ranging from 􀀇50-200,000 per transaction—into Turkish and Syrian bank accounts linked to Hezbollah. In summary, Hezbollah has become a 􀂿xture in Central and Latin America, expanding both its activities and in􀃀uence over time. It has developed links with the increasingly powerful organized crime groups in the region, particularly the narco cartels, along with radical insurgent groups such as the FARC and states like Venezuela who are hostile to the United States and its regional partners. Hezbollah’s principal objectives appear to be undermining U.S. in􀃀uence in the region, imposing costs on the United States, and generating revenue to sustain its operations in Latin America and elsewhere in the world. These objectives are shared by Iran, Hezbollah’s main state sponsor. The Bolivarian Alliance As noted above, geographic, economic, and cultural factors have traditionally helped to prevent the emergence in Latin America of any real military rival to the United States. Although there are no traditional military threats in the region, there are indigenous states whose actions, policies, and rhetoric challenge regional stability and U.S. security. Over the past decade, several states have come together to form the Bolivarian Alliance of the Americas (ALBA), an organization of left-leaning Latin American regimes whose overarching purpose is to promote radical populism and socialism, foster regional integration, and reduce what they perceive as Washington’s “imperialist” influence in the region.89 Since its founding by Hugo Chavez of Venezuela and Fidel Castro of Cuba in December 200􀀗, the Bolivarian Alliance has expanded to include Antigua and Barbuda, Bolivia, Dominica, Ecuador, 􀀱icaragua, and Saint Vincent and the Grenadines. Although the members of the Bolivarian Alliance are militarily weak and pose almost no traditional military threat to the United States or its allies in the region,90 they challenge American interests in the region in other ways. First, they espouse an anti-American narrative that finds substantial support in the region and consistently oppose U.S. efforts to foster cooperation and regional economic integration.91 Second, in their efforts to undermine the government of Colombia, which they consider to be a U.S. puppet, ALBA states provide support and sanctuaries within their borders to coca growers, drug traffickers, other criminal organizations, and the FARC.92 Links to Hezbollah have also been detected.93 Perhaps of greatest concern, they have aligned themselves closely with Iran, inviting it and Syria to participate as “observer states” in the alliance. Other worrisome ALBA activities involve lifting visa requirements for Iranian citizens and hosting large numbers of Iranian diplomats and commercial exchange members that some observers believe to be Iranian intelligence and paramilitary Quds Force operatives.9􀀗 By hosting and cooperating with both foreign agents and violent non-state actors, the ALBA states have come to function as critical nodes in a network of groups hostile to the United States. A Coming Era of Proxy Wars in the Western Hemisphere? History shows that Washington has often emphasized an indirect approach to meeting challenges to its security in Latin America. Yet the United States has not shied away from more direct, traditional uses of force when interests and circumstances dictated, as demonstrated over the past half century by U.S. invasions of the Dominican Republic (1965), Grenada (1983), and Panama (1989) and the occupation of Haiti (199􀀗).Yet several trends seem likely to raise the cost of such operations, perhaps to prohibitive levels. Foremost among these trends is the diffusion of precision-guided weaponry to state and non-state entities. 92 The Second Lebanon War as “Precursor” War A precursor of this trend can be seen in the Second Lebanon War between Israel and Hezbollah.95 During the con􀃀ict, which lasted less than 􀂿ve weeks, irregular Hezbollah forces held their own against the highly regarded Israeli Defense Force (IDF), demonstrating what is now possible for non-state entities to accomplish given the proliferation of militarily-relevant advanced technologies. Hezbollah’s militia engaged IDF armor columns with salvos of advanced, man-portable, antitank guided missiles and other e􀌆ective anti-armor weapons (e.g. rocket-propelled grenades (RPGs) with anti-armor warheads) in great numbers. When the IDF employed its ground forces in southern Lebanon, its armored forces su􀌆ered severe losses; out of the four hundred tanks involved in the 􀂿ghting in southern Lebanon, forty-eight were hit and forty damaged.96 Hezbollah’s defensive line was also well equipped with latest-generation thermal and low-/ no-light enhanced illumination imaging systems, while frontline units were connected to each other and higher command elements via a proprietary, 􀂿ber-optic based communications network, making collection of communications tra􀌇c by Israeli intelligence extremely di􀌇cult. Perhaps most important, Hezbollah possessed thousands of short- and medium- range rockets, often skillfully hidden below ground or in bunkers that made detection from overhead surveillance platforms nearly impossible. During the brief con􀃀ict Hezbollah’s forces 􀂿red some four thousand unguided rockets of various types that hit Israel. Hezbollah’s rocket inventory enabled its forces to attack targets throughout the northern half of Israel. Over nine hundred rockets hit near or on buildings, civilian infrastructure, and industrial plants. Some two thousand homes were destroyed, and over 􀂿fty Israelis died with several thousand more injured. The casualties would undoubtedly been greater if between 100,000 and 250,000 Israeli civilians had not 􀃀ed their homes. Haifa, Israel’s major seaport had to be shut down, as did its oil re􀂿nery.97 Hezbollah also employed several unmanned aerial vehicles for surveillance of Israel, as well as C-802 anti-ship cruise missiles used to attack and damage an Israeli corvette. 98 The G-RAMM Battlefield The brief war between Israel and Hezbollah suggests that future irregular forces may be well-equipped with enhanced communications, extended-range surveillance capabilities, and precision-guided rockets, artillery, mortars and missiles (G-RAMM) 99 able to hit targets with high accuracy at ranges measured from the tens of kilometers perhaps up to a hundred kilometers or more. In projecting power against enemies equipped in this manner and employing these kinds of tactics U.S. forces—as well as other conventional forces— will find themselves operating in a far more lethal battlefield than those in either of the Gulf wars or in stability operations in Afghanistan and Iraq. Moreover, currently constituted conventional forces typically depend on large fixed infrastructure (e.g., military bases, logistics depots, ports, airfields, railheads, bridges) to deploy themselves and sustain combat operations. These transportation and support hubs also serve as the nodes through which internal commerce and foreign trade moves within a country. This key, fixed infrastructure will almost certainly prove far more difficult to defend against irregular forces armed with G-RAMM weaponry. Indeed, had Hezbollah’s “RAMM” inventory had only a small fraction of G-RAMM munitions, say 10-20 percent, it would have been able to in􀃀ict far greater damage than it did historically to Israeli population centers, key government facilities, military installations, and essential commercial assets such as ports, air􀂿elds, and industrial complexes. An irregular enemy force armed with G-RAMM capabilities in substantial numbers could seriously threaten Latin American governments as well as any U.S. (or external great power) forces and support elements attempting a traditional intervention operation. Implications for the U.S. and Other Major Powers The preceding narrative suggests that the combat potential of irregular forces is likely to increase dramatically in the coming years. As this occurs, the cost of operating conventional forces—especially ground forces—and defending key military support infrastructure is likely to rise substantially. Given these considerations the United States and other major powers external to the Western Hemisphere will have strong incentives to avoid the use of conventional forms of military power, particularly large ground forces, in favor of employing irregular proxy forces to advance their interests. Moreover, the high cost and questionable bene􀂿t of the campaigns in Afghanistan and Iraq are likely to create strong domestic opposition in the United States to such operations for some time to come. This must be added to the United States’ greatly diminished 􀂿scal standing that has led to large cuts in planned investments in defense. These factors suggest that Washington will be much less likely to engage in direct military action in Latin America in the coming years than historically has been the case. At the same time, rivals of the United States like China and Russia may be incentivized by these trends, as well as the United States’ overwhelming military dominance in the Western Hemisphere, to avoid the direct use of force to expand their in􀃀uence in Latin America. Instead, like some of the Bolivarian Alliance members, they appear likely to follow the path taken by the Soviet Union during the Cold War and Iran today: supporting non-state proxies to impose disproportionate costs on the United States and to distract Washington’s resources and attention from other parts of the world. This is not to say that Beijing, Moscow, and Tehran would eschew future opportunities to establish bases in Latin America. As in the past, such bases can support efforts to accomplish several important objectives. They can, for example, further insulate a Latin American regime from the threat of direct U.S. military intervention, since Washington would have to account for the possibility that the conflict would lead to a direct confrontation with a more capable and potentially nuclear-armed power.100 Bases in the hemisphere can also enable external powers to conduct military assistance activities, such as training, more easily. Electronic surveillance of the United States and Latin American states could be accomplished more cheaply and e􀌆ectively from forward positions. Finally, certain kinds of military capabilities, such as long-range ballistic missiles and attack submarines, could be pro􀂿tably stationed in Latin America by powers external to that region, particularly if they intended to create the option of initiating con􀃀ict at some future date. These reasons, among others, have made preventing an extra-hemispheric power from establishing bases in Latin America an enduring U.S. priority. Players in a Latin American Great Game Given current trends, several powers external to the region may, either now or over the coming decade, have both the motive and the means to employ both state and non-state proxies in Latin American to achieve their interests. Principal among them is Iran, which is already engaged in supporting proxies against the United States and its partners in the Middle East and has long been developing proxies in Latin America. Additionally, there are reasons to think that China and Russia may be interested in cultivating and supporting Latin American proxies as well.