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national politics & policies Tenth Amendment federalism

The Great Weed Fake-Out

Paul Jacob observes that Biden’s done almost nothing to end cannabis prohibition on the federal level

When, in the last State of the Union political rally, Stumbler-​in-​Chief Joe proclaimed that his administration had been “expunging thousands of convictions for the mere possession” of cannabis, did you believe him? Previously, when Second Banana Kamala set the theme, claiming to have “changed federal marijuana policy, because nobody should have to go to jail just for smoking weed,” how confident were you of her boast?

“Neither claim was accurate,” explains Jacob Sullum, in the June issue of Reason. They are exaggerations at best. For their voting bloc.

Remember Biden’s 2020 campaign promise to “decriminalize the use of cannabis” and “expunge all prior cannabis use convictions”?

They were undelivered because these moves would require new legislation.

Biden’s not a dictator. As much as he tries.

He still needs Congress.

When he announced, last October, to much ballyhoo, a mass pardon for simple marijuana possession convictions, directing a review of the drug’s classification under the Controlled Substances Act, neither move “actually ‘changed federal marijuana policy,’” Sullum insists. Not one prisoner was freed, and — more startling yet — no record was expunged … for while the president can pardon, he cannot legally expunge records. 

The question to ask ourselves is this: does Biden or anyone now in power really want to do anything more than yammer about drugs? 

After all, any substantive reform would require, as Sullum points out, addressing the tension in the union: a federal government claiming powers to regulate and prohibit (not found in the Constitution), and 38 states that have effectively nullified federal law.

Confronting that might lead to ceding a whole lot of power back to the states … on more matters than just weed.

This is Common Sense. I’m Paul Jacob. 


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1 reply on “The Great Weed Fake-Out”

The conflict between state and federal law is nothing new. Just look at the immigration laws. States and cities have declared themselves to be sanctuaries for illegal aliens. Something similar is happening vis a vis drugs. States are legalizing them and refusing to arrest people for possession. Unless the federal government wants to prosecute all drug offenders, the feds have just one weapon that can force compliance: money. Will they withhold federal funding from states and localities that defy federal law? Do they have the will to impose draconian measures on the states? Time will tell.

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