Tag: legalization

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

High on Hemp?

hemp, marijuana, legalization, prohibition, THC, CBD, Mitch McConnell

Hemp is not marijuana.

And yet it is.

Earlier this week, Senate Majority Leader Mitch McConnell announced he will introduce legislation to legalize industrial hemp.

He is not concerning himself with marijuana, which is what we call the plant Cannabis sativa when cultivated for its Tetrahydrocannabinol (THC) content, the principal chemical in the plant that makes it ideal for “recreational” uses. Industrial hemp is Cannabis sativa, too, just with minuscule THC.

Hemp products are actually legal to buy and sell in the United States. 

Sort of.

But growing it is murky, considering that ingestible hemp is a Schedule 1 drug no matter how little THC it has — despite the fact that Congress has allowed states to regulate the growth of low-​THC hemp for “industrial” purposes. 

A complicating factor is that industrial hemp contains an oil, Cannabidiol (CBD), which is neither an ecstatic nor a hallucinogenic drug, but is widely believed to have many therapeutic powers. And is widely sold all over the country, wherever states have allowed for medical marijuana.

Nevertheless the DEA objects to it as much as to THC, saying that all ingestible forms of hemp are illegal.

Because of all this murkiness, McConnell’s bill might seem to be welcome step towards clarity.

Trouble is, since industrial hemp is indistinguishable from cannabis with THC — to look at; to smell; to touch — officials hoping to crack down on marijuana-​as-​a-​psychoactive-​drug would be much hampered were industrial hemp commonly and legally grown.

What a mess. The only real solution is to de-​list all forms of Cannabis sativa from the War on Drug’s Schedule of Drugs It Unconstitutionally Proscribes.

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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Accountability crime and punishment free trade & free markets general freedom moral hazard nannyism national politics & policies

The Peace Dividend

legalization, pot, marijuana, crime, drug war, illustration

Has the War on Drugs actually, finally, made some progress?

Well, yes … but, really, no.

“Legal marijuana may be doing at least one thing that a decades-​long drug war couldn’t,” explains Christopher Ingraham in The Washington Post’s Wonkblog, “taking a bite out of Mexican drug cartels’ profits.”

Certainly “legal marijuana” is not the drug war. It’s that war’s antithesis.

Let’s recall, too, that legalization didn’t come about after five decades of drug war failure because politicians came to their senses, admitted their mistakes and advocated a different approach.

Instead, frustrated citizen leaders teamed up with successful entrepreneurs to launch ballot initiatives, allowing voters to directly decide the issue.

Domestic production isn’t driven merely by Colorado, Oregon, Washington State and the other Washington, the nation’s capital, where voters fully legalized possession. Marijuana for medical use is legal in 23 states, including California, where most domestic marijuana is grown. In these states, pot is widely prescribed.

Thus, a quasi-​legal domestic marijuana industry was created. Lo and behold, now pot produced in the good old USA is outperforming pot grown south of the border.

The Drug Enforcement Agency (DEA) acknowledges that U.S. marijuana is being illegally smuggled into Mexico. (Maybe the smugglers will pay for the wall.)

On the other hand, what does it matter that the Mexican drug cartels are losing market share to non-​violent American businesses?

Well, those cartels have waged a war with the Mexican government killing more than 164,000 citizens between 2007 and 2014. Less profit to fuel the Mexican drug lords in that bloody war is more for our peace and security.

This is Common Sense. I’m Paul Jacob.

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free trade & free markets general freedom nannyism national politics & policies tax policy

Pass/​Fail/​Pass

November 2015 vote, Washington, Ohio, marijuana, legalization, illustration

While the Ohio measure to legalize marijuana did not pass, this week, the Washington State measure to wrest tax limitations out of a recalcitrant legislature did indeed succeed, with a 54 percent win.

Win some, lose some.

But in both these cases, there is some evidence for a general smartening up of the voting public.

With Ohio’s Measure 103, the support for cannabis legalization, a few weeks before Election Day, seemed strong. But the more voters looked at the measure, the more they caught a whiff of stink — and it wasn’t skunk weed. It was crony capitalism and insider favoritism. So, while a solid majority reasonably favors legalization — even in Ohio — it strikes most reasonable people that the measure’s secondary provision of setting up a monopolistic/​oligopolistic production cartel is as anti-freedom as the legalizations is pro.

Smart folks saw through the proposal. Cannabis legalization is proceeding, state by state. Better results for legalization next time?

Perhaps, provided a better measure is offered.

Washington’s I‑1366, on the other hand, had several levels to it, too, but they worked together. Voters seeking a constitutional tax limit, got it — or, if the legislature balks at delivering it as a future referendum (as the measure instructs) then the initiative’s main feature would kick in and the sales tax would be lowered. Low-​tax voters get low taxes either way, legislature cooperating or resisting.

As I’ve explained some time back, repeated legislative betrayal had forced Evergreen State super-​activist Tim Eyman to concoct this rather clever ploy.

In both Ohio and Washington, what voters voted against was against politics-​as-​usual — and that is good, no?

This is Common Sense. I’m Paul Jacob.

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November 2015 vote, Washington, Ohio, marijuana, legalization, illustration

 

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crime and punishment general freedom nannyism national politics & policies tax policy too much government

Not Plutonium

marijuana, legalization, Ohio, law, crime, illustration, Common Sense

If Ohioans pass Issue 3 today, the days of pot prohibition will disappear like the smoke from a wild night’s last bong hit.

That’s sorta what Nick Gillespie of Reason argued yesterday, anyway. “[I]f marijuana can be legalized in Ohio,” he wrote, “it can — and will be — legalized everywhere and the war on pot is effectively over.” Why?

Ohio is the ultimate embodiment of mythical “middle America” and a state that once plastered “the Heart of It All” on its license plates. It’s poised to become just the fifth state to legalize weed — before liberal blue states like California, Maryland, New York, Massachusetts, and perhaps most importantly, before its dark twin in college sports and economic dissipation, Michigan. Given its paradigmatic normalcy, Ohio can be the place where the drug war … finally goes to die.

But there is a disturbing aspect to Issue 3: “Crony Capitalism.”

The constitutional amendment would not simply legalize growth and sale, subject to regulation similar to alcohol or tobacco. Though it would legalize home growth, it stakes out a complicated limited licensing system for commercial sale, allowing for only a handful of growers in the state.

Gillespie quotes one pro-​legalization activist who objects to the very idea that “any group or corporation has the exclusive right to grow marijuana and sell it. It’s not plutonium. It’s an agricultural commodity that should be regulated like one.”

A recent poll shows voters evenly split on Issue 3, but increasingly troubled that the measure creates an un-​free market, a lucrative marijuana monopoly for those funding the initiative.

Today’s balloting may determine only whether voters like marijuana more than they dislike monopolies.

This is Common Sense. I’m Paul Jacob.

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