Tag: decriminalization

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crime and punishment folly free trade & free markets general freedom initiative, referendum, and recall local leaders nannyism national politics & policies privacy

Legalize Cancer Fighting

Cannabis World Congress, Marijuana, legalization, decriminalization, law, initiative, citizens, democracy

“Do all former congressmen have to get cancer before we’re gonna get medical marijuana or recreational marijuana?”

That’s what Reason TV’s Nick Gillespie asked Billy Tauzin at the Cannabis World Congress and Business Exposition. Tauzin’s a former Representative for Louisiana’s 3rd District. He moved from Congress to lobbying for Big Pharma — I mean, PhRMA, a drug lobbying group — and then to Lenitiv Scientific, where he works now.

The company produces “a line of innovative, high quality cannabis and hemp-​derived CBD products,” its website informs. These products, says the former Republican politician, are so effective that he now expresses some regret that he could not have had access to such drugs when he was fighting cancer more than a decade ago. Today’s cancer patients have it easier, because of cannabis-​derived products, including CBD.

Hence Gillespie’s question — which almost answers itself.

With a No. 

The number of states that have legalized or decriminalized marijuana for recreational or medicinal uses (or both) is growing all the time, usually without the help of politicians with or without cancer.

The movement has mostly been carried on by We, the People through initiative and referendum. Especially the crucial early steps.

But politicians are beginning to follow our leadership.

Which, in a society where citizens are in charge, is all to the good.

Though powerful opposition remains, Tauzin speculates, “I think if we took a silent vote, secret ballot, we’d win tomorrow easily.” 

So, given a little more time for Congress to catch up with the culture, freedom can prevail, no cancer necessary.

This is Common Sense. I’m Paul Jacob.

 

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Accountability crime and punishment folly free trade & free markets general freedom moral hazard nannyism national politics & policies too much government U.S. Constitution

The Ninth and the Tenth of It

marijuana, constitution, intrastate, rights, legalization, decriminalization

When Attorney General Jeff Sessions rescinded the Obama Administration enforcement guidelines regarding the states that have legalized (in their 29 different ways) marijuana, last week, supporters of freedom expressed some worry. 

But we had to admit, one excuse for Sessions’s nixing of the mostly hands-​off policy seemed to make sense on purely legal grounds. If we want to liberalize drug laws, then our Cowardly Congress should do it.

Definitely not the Executive Branch.

And yet, over at the Volokh Conspiracy, Will Baude argues that “the rule of law” does not require “renewed enforcement of the Controlled Substances Act.”

If anything, he argues, it “requires the opposite.”

Baude mostly rests his case on the Constitution’s Commerce Clause, which does not authorize regulation of intra-state trade. An issue on which the AG does possess a duty to weigh in.* 

This rubs against FDR-​Era constitutional theory, of course, which treats all commerce as regulate-​able interstate trade. But this makes no sense. The Tenth Amendment declares that states possess powers not given to the federal government. An interpretation of the Constitution cannot be justified if it effectively nullifies other parts of the Constitution. (If all trade is “inter” state, what’s left for the states? Powers to do what? And how could there be any constraints on federal power?)

And then there is the Ninth Amendment, which states that the people retain rights not listed in the Constitution. 

When citizens assert rights — such as the option to cultivate, sell, buy or ingest a common and quite hardy plant — in their states (largely through ballot initiatives), the federal government should butt out.

This is Common Sense. I’m Paul Jacob.

 

* “Members of the executive branch have their own obligation to interpret the Constitution,” Baude writes, “and if a federal law is unconstitutional in part then the executive branch, no less than the courts, should say so. It is the Constitution, not the Court, that is the ultimate rule of law in our system.”

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free trade & free markets too much government

Monopoly Phony

Why is New Jersey Governor Chris Christie against profit?

You expect such an idea from a leftist. The big man is no leftist.

Christie’s anti-​profit bias came up within a long, rambling answer to the subject of a recent bill in the New Jersey legislature to decriminalize possession of small amounts of marijuana. He’s against it. But he’s been for “medical” marijuana. Ed Krayewski of Reason quotes the governor, who insists that legal cannabis distribution “be a hospital-​based program, that way the profit motive is drained out a lot from it.”

I get his logic. He doesn’t want recreational use, but realizes there are legitimate medical uses. To allow the latter but discourage the former, he wants to monopolize the sale of the drug.

It’s the old “monopoly” idea leveraged to discourage over-​use. Post-​Prohibition, many states set up liquor control boards and sold liquor in state-​owned or state-​franchised stores. My state, Virginia, still does. They raised prices on the product, and made it harder to get. More monopoly, higher cost, less product.

But turn the subject on its head.

We want medicine to be cheaper. More accessible and more efficiently delivered.

So why do states limit the setting up of hospitals with hospital boards? Why the prescription system? Why, even, medical licensing? After all, quality controls can be imposed other ways.

Modern medicine has been subjected to monopolistic practices and cartelizing regulations for years. Decades. A century.

Such intervention limits supply and availability, and increases costs.

I suspect that Gov. Christie hasn’t really thought his position all the way through.

(He might be high on government.)

This is Common Sense. I’m Paul Jacob.