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general freedom Tenth Amendment federalism too much government

Feds Not Wanted

For those arguing for drug reform for decades, Oregon’s successful ballot measures 109 and 110 are hugely hopeful signs in sensible drug policy.

They may, however, prove better signs of a general trend beyond just drug policy.*

The best reason to oppose drug prohibitions is not to maximize our freedom but to inculcate a culture of responsibility while getting government out of the business of interfering in our lives.

And while Measure 109 is about psilocybin mushrooms, what it actually does is establish a government board to set up a regulatory system to distribute and license possession of consumable psilocybins.

May work out great. It may also turn out very badly.

As one would expect from this sort of government program.

Measure 110, which also passed on Tuesday, made “personal non-​commercial possession of a controlled substance no more than a Class E violation (max fine of $100 fine) and establishing a drug addiction treatment and recovery program funded in part by the state’s marijuana tax revenue and state prison savings.” 

Both are very “liberal” programs, based on notions of state aid and government program-​building rather than traditional, more “conservative” prohibit-​and-​punish models. Both the old and the new approaches skirt around personal responsibility.

What the measures show, though, is that Oregonians are effectively defying federal laws on “controlled substances.” The new approach is very old: federalist, more about local rather than national control.

As such, it shows the current tide turning away from making a federal case out of everything.

The next President of These United States, and both houses of Congress, should take notice.

On drugs, they are not only not needed. They are not wanted.

Apply that to health care in general, I say.

This is Common Sense. I’m Paul Jacob.


 * These Oregon measures were the only two “hard drug” ballot measures this year. There were quite a few marijuana ballot measures around the country. All passed.

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crime and punishment folly free trade & free markets general freedom tax policy

Gold Leaf

The experiment in legalized marijuana begun by citizens in the states of Washington and Colorado has, from the beginning, faced a huge obstacle: marijuana is still illegal, federally. State nullification of federal law is not merely “problematic,” it’s hard to “get away with.”

Take Colorado’s experience. The Centennial State, which has made the swiftest and most extensive progress regarding marijuana retail sales, has come up to an inevitable problem with the federal government.

Over banking.

Interesting Reason reporting tells us that “Marijuana-​related businesses in Colorado are so profitable that the government doesn’t know what to do with all of the tax revenue they’re generating. But business owners face a more immediate problem: Where to stash their own profits when banks won’t take it.”

Congress has been very active making banking less and less private and less and less free for decades now, in part because of the War on Drugs. Existing banks refused to take new cannabis clients.

So a new credit union was formed, to handle the cash.

And now, NBC News tells us, our central bank, the Federal Reserve (dubbed by NBC “the guardian of the U.S. banking system”), said “that it doesn’t intend to accept a penny connected to the sale of pot because the drug remains illegal under federal law.” Which makes modern banking difficult, even for a credit union, apparently.

What are “weed” businesses to do … other than what they are doing, hiring security guards for all the cash?

Maybe Bitcoin will step in. Or old gold-​warehouse banking, as was not unheard of even in the 19th century.

Or, maybe, the federal government will cease its over-reach?

This is Common Sense. I’m Paul Jacob.


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Common Sense crime and punishment folly general freedom national politics & policies responsibility too much government

Cannabis and Kings

The over-​riding reason to end the War on Drugs is to re-​establish the rule of law in this country.

From Nixon and Reagan to the present time, America has vastly increased the population of prison inmates, many of them for drug offenses. The “land of the free” shouldn’t boast a larger population (per capita and total) of unfree persons than any other nation on the planet.

Further, in the mania to apprehend contraband drug users, producers, and traffickers, we’ve pretty much lost Bill of Rights protections on our lives and our property.

We’ve armed nearly every conceivable division of government against us, turning local, state and federal police “services” into police state apparatuses that hound and steal from portions of our population — which turns them from citizens into fearful, resentful, servile subjects. Meanwhile, the use of civil asset forfeiture and other policing for profit schemes corrupt our police forces in a serious and fundamental and “King Georgish” way.

Sam and John Adams, Toms Jefferson and Paine — they’d all be aghast at what we have become.

But what of the growing tide to legalize/​decriminalize marijuana? Reading a report by Steven Greenhut in Reason, it becomes apparent that not every step moves us towards a rule of law. Some steps in “regulating and taxing” cannabis may be more about using crony capitalism to choose winners and losers.

Let’s use some common sense from lessons learned with alcohol — er, with regulating alcohol, that is. Keep marijuana away from the kids and keep the over-​regulation of marijuana away from adults.

This is Common Sense. I’m Paul Jacob.


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free trade & free markets general freedom national politics & policies

Celebrities, Cannabis, Change

A new website, Marijuana Majority, makes an impression by listing famous people who think America’s laws against marijuana are crazy, unjust, or at least not very wise.

The site is elegant; it presents a long list. And by offering statements from each celebrity, we get a few ideas beyond the “marijuana should be legalized [to some degree]” message. Lawrence O’Donnell makes something close to an actual argument:Sarah Palin on Marijuana

Since Gallup starting asking Americans if marijuana should be legal back in 1969, most have always said no — until now. In a Gallup poll released yesterday, 50 percent said pot use should be legalized.… A minority of 46 percent continue to say marijuana should not be legalized.… In a democracy we should expect such a dramatic shift in public opinion to be reflected in our public officials.

Evangelist Pat Robertson offers the practical point, often iterated:

I really believe we should treat marijuana the way we treat beverage alcohol. I’ve never used marijuana and I don’t intend to, but it’s just one of those things that I think: this war on drugs just hasn’t succeeded.

A lot of folks, including British entrepreneur Richard Branson, enthuse about the taxing possibilities:

[I]t’s currently estimated that the annual revenue that would be raised in California if it taxed and regulated the sale of marijuana would be $1,400,000,000!

But this is not primarily a propaganda-​by-​the-​word site, it’s a propaganda-​by-​the-​celebrity site. Alas, the bulk of celebrities hail from the entertainment industry … not the most convincing bunch on the whole.

Still, the barrage of support and ideas is impressive, showing you don’t have to be a stoner to want to liberalize marijuana laws.

This is Common Sense. I’m Paul Jacob.

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free trade & free markets general freedom national politics & policies too much government video

Video: Milton Friedman on Drug Legalization

Nobel Laureate economist explaining why drug prohibition makes no sense: