Tag: drugs

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crime and punishment national politics & policies

Trump’s Libertarian Promise

Ross Ulbricht, drugs, drug war, prison, law, Silk Road

“If you vote for me,” President-​elect Donald Trump promised the delegates at the Libertarian Party national convention last May, “on Day One, I will commute the sentence of Ross Ulbricht to time served.”

That is eleven years so far. “We’re going to get him home,” insisted Trump. 

Mr. Ulbricht, a libertarian cause célèbre, was sentenced in 2013 to double life terms, without parole, plus 40 years. 

So, who did he kill? 

At 26 years of age, Ulbricht created the Silk Road online platform, “an anonymous e‑commerce website.” Used by some folks, certainly, to trade in drugs and other illegalities.

On a Change​.org petition urging presidential clemency (which I’ve signed), his mother explains: “Ross is a first-​time offender” and “an Eagle Scout, scientist and peaceful entrepreneur,” who faced only “non-​violent charges at trial. He was never prosecuted for causing harm or bodily injury and no victim was named at trial.”

That’s why she and many of us simply cannot stand the idea that now 40-​year-​old “Ross is condemned to die in prison.”

Dudley Do-​Right — no. Trump to the rescue!

Indeed, it was a very smart political move, courting the Libertarian vote both by showing up and, specifically, by pledging to free Ross Ulbricht. Libertarians suddenly had a tangible reason to support Trump.

Will Trump keep his word? “I do think he’s going to free Ross Ulbricht,” Libertarian Party Chair Angela McArdle told Robby Soave on his “Rising” program.

I think so, too. I sure hope so. It would be refreshing to see the awesome power our Constitution gives the president to pardon crimes and commute sentences used for someone deserving of mercy. 

Rather than someone escaping justice.

This is Common Sense. I’m Paul Jacob.

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Illustration created with Flux and Firefly

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national politics & policies Popular too much government

E‑Panic

vape, vaping, law, ban, prohibition,

One of the better arguments for government relies upon sobriety: we want rational, measured responses to threats, not panicky, hot-​headed reactions. We have a rule of law to prevent revenge and vendetta, replacing them with justice and civil order.

But when we expand the concept of “threat” far beyond interpersonal violence and to dangers from our own foolish or merely misguided behavior, “sobriety” too often doesn’t even seem an option.

Take drugs. 

Specifically, take “vaping.” 

That is the innovative technology of “e‑cigarettes” that can be used to replace the smoking of tobacco and other drugs with inhaling drug-​laced water vapor.

Vaping is far less dangerous than tobacco, at least for emphysema and lung cancer, but it is not harmless. Several hundred people across several of these United States have become very ill and a few have died of a mysterious lung disease.

So of course the Surgeon General calls it an epidemic, and the White House and Congress take up the cause to regulate and even prohibit vaping. And India just “became the latest country to ban electronic cigarettes,” according to Bloomberg. 

Whoa, the subject has barely been studied, and what we know so far is that it was not major-​brand nicotine e‑liquid, but, instead, boutique product that has caused most of the casualties. 

The leap to legislation has been too quick for consumers to alter their own behavior with new information.

Besides, prohibition and regulation haven’t worked to prevent the current opiate overdose crisis.

The rush to “do something very, very strong,” as President Trump puts it, is the very opposite of why we say we want government.

Its lack of sobriety is … sobering.

This is Common Sense. I’m Paul Jacob.

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vape, vaping, law, ban, prohibition,

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free trade & free markets national politics & policies too much government

Just Like That!

socialism, magic wand, economics, healthcare, prescription drugs, drugs,

“We will do that,” he said.

Do what?

“We will look at the average costs of prescription drugs in Canada, the UK, Germany, Japan and France,” says Sen. Bernie Sanders (I/​D‑Vt.), “which are 50 percent lower than they are in the United States,” he told Margaret Brennan on Face the Nation. 

And Sanders promises: “if I am elected president I’m going to cut prescription drug costs in this country by 50 percent so that we are not paying any more than other major countries are paying. Maybe we can do better than that.” 

When Ms. Brennan asked how, he replied as above — looking at “average costs” as directly priced to consumers (patients) —  and then … “we will do that.”

Socialism is so easy!

Why have we waited so long for utopia?

Well, saying is not the same as doing. We must think “beyond Stage One,” as Thomas Sowell advises. For if “Medicare for All” tells a company it will pay only so much for a drug, that company cannot just sell that drug and all others below cost. No wonder that in socialized medicine schemes around the world, not all drugs are even available.

The world prescription drug market is set up … peculiarly. Americans in effect pay more (because of patents and trade agreements) thereby covering development costs. If we pay less, others may have to pay more (which would be an odd thing for a “socialist” to want) and we would all come to get even less.

Bernie is no wizard, and socialism has no magic wand with which to wave away scarcity.

This is Common Sense. I’m Paul Jacob.

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socialism, magic wand, economics, healthcare, prescription drugs, drugs,

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Accountability crime and punishment free trade & free markets general freedom initiative, referendum, and recall moral hazard nannyism national politics & policies property rights

Good and Bad News

Civil Asset Forfeiture, crime, drugs, marijuana, stealing, theft, police abuse

On the issue of “civil asset forfeiture” — police seizing property from folks merely on suspicion, without a criminal conviction — there is good news.

In Idaho, House Bill 202a just passed both legislative chambers overwhelmingly. “Among other changes, HB 202a would no longer allow civil forfeiture of the vehicle of a person who merely possessed a controlled substance,” explained a Spokesman Review report, “without using the vehicle in connection with trafficking offenses or obtaining it with drug-​trafficking proceeds.…” It also puts off the table “property that’s merely in proximity to illegal drugs” and the mere possession of cash.*

Legislation is moving forward in Arizona, too. House Bill 2477 passed to the Senate Judiciary Committee last week — which unanimously cleared it despite what the Arizona Republic called “strong opposition from … primarily people representing law-​enforcement and prosecutors’ groups that benefit from the funds.”

The bill heightens the standard of proof required for making seizures stick from “preponderance of the evidence” to “clear and convincing evidence.” HB 2477 also increases reporting requirements, and creates a process police must follow to spend seized funds.

Unfortunately, there is also bad news.

Even with the new Idaho law and the enaction of the Arizona legislation, police in both states will continue to take people’s stuff without a criminal conviction. The level of abuse would be diminished, but not ended.

Citizens in both states can and should use the ballot initiative process to end this injustice. In total.

We must restore the bedrock principle of innocent-until-proven-guilty.

This is Common Sense. I’m Paul Jacob.

 

* Other provisions include a court determination on “whether a property seizure is proportionate to the crime alleged,” absolving “innocent owners from having to pay the state’s costs associated with an attempted seizure,” and some required record-keeping.

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Accountability crime and punishment initiative, referendum, and recall moral hazard national politics & policies

Stealing Now Unpopular

Civil Asset Forfeiture, crime, drugs, marijuana, stealing, theft, police abuse

Civil asset forfeiture is stealing. So, why is it still happening?

Police seize boats, cars, houses and cash that they allege were used in the commission of a crime or were proceeds from the crime. Sometimes they simply take cash found on a motorist in a normal traffic stop, claiming it’s “drug money.”

Tragically, only 13 percent of forfeiture is criminal, i.e. involving a conviction. The rest is civil, wherein the person hasn’t been convicted of anything. Often not even charged.

When officials confiscate property without due process of law, it’s theft. The legal rationale government uses to snatch our stuff via civil forfeiture is a sick joke. Our property can be deemed “guilty” without enjoying our presumption of innocence. Instead, we have to go to court to prove our stuff is innocent.

Often officials negotiate a large cut, because hiring an attorney to get one’s money back might well cost more than the money itself.

The good news? People are becoming aware of civil asset forfeiture and overwhelmingly oppose it. A Cato Institute/​YouGov poll found 84 percent of Americans against taking property without a criminal conviction.

While New Mexico and Nebraska have outlawed civil forfeiture, and some other states have sought to at least minimize its abuse, there is still significant pushback from police and prosecutors, who like getting all that dough. And who often have the ears of decision-makers.

The time has come to short-​circuit the watered-​down half-​measure. Twenty-​four states and a majority of cities enjoy the initiative process.

Let’s do it ourselves.

This is Common Sense. I’m Paul Jacob.

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Civil Asset Forfeiture, crime, drugs, marijuana, stealing, theft, police abuse

 

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

Cannabis and Kings

Jack boot, photomontage, collage, James Gill, Paul Jacob, Common Sense, http://cognitivebiasparade.prosite.com/

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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Jack boot, photomontage, collage, James Gill, Paul Jacob, Common Sense