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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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crime and punishment general freedom

Freedom for All Not a Free-for-all

“Colorado’s ski resorts and mountain towns are bracing for an influx of tourists,” writes Trevor Hughes in USA Today, “seeking a now-​legal Rocky Mountain high.”

Recreational marijuana legalization worries some “police and ski area operators,” Hughes explains. Marijuana tours have been set up by some enterprising folks, and the locals worry “that tourists who don’t understand the rules will be sparking up on the slopes.”

Or in their cars.

Or on the sidewalks.

One sheriff clarified: “We do have this misperception … where people have smoked in public, been charged, and were under the perception that it’s a free-for-all.”

An over-​reaction to what appears to be an end to the war on drugs? A lack of awareness that all sorts of things get regulated at the local level?

Or perhaps a few people don’t really understand the nature of liberty.

Liberty — freedom for all — isn’t a free-for-all!

That is, the freedom that we all can have isn’t a “do anything you want/​anywhere you want/​any time you want” deal. The freedom we can all have is a freedom from initiated force, from intrusive coercion, from interference with our persons and our property.

“Free speech” doesn’t mean you can barge into my home and shout in my face. “Freedom of association” doesn’t mean the Skeptic Society can hold a conference in a Christian Science Reading Room, or the Klan can march through the campus of Howard University. “Free Exercise of Religion” doesn’t mean you will be allowed to hold a candlelight vigil in a fireworks factory.

There’s a logic to liberty. Most Americans get that. Even most tourists.

This worry should should vanish like a puff of smoke.

This is Common Sense. I’m Paul Jacob.

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free trade & free markets general freedom

Backwoods Growers Still Outlawed?

One way marijuana legalization was pushed, politically, in Colorado and Washington, was with the “let’s tax this weed!” agenda. Indeed, the “tax and regulate” approach proved a convenient way for marijuana users to get non-​marijuana users “on board” the legalization bandwagon, basically buying off those who were most sympathetic to the prohibitionist status quo.

And it’s the dominant way of thinking, today.

This frustrates many who wanted to return marijuana growth, distribution and usage to its pre-​1937 legality, for they saw the prohibitionist program as inherently illiberal, nasty, inhumane. To these legalizers, “taxing and regulating” appears as just a ramped-​down version of today’s policy.

Think Genghis Khan, who wanted to kill all Manchurians and turn northern China into a vast grazing land for horses. He was convinced not to do so for reasons of the “Laffer Curve”: he’d get more revenue by taxing Manchurians than killing them.

While taxing and regulating Manchurians was certainly better than genocide, it was still a tyrant’s prerogative.

Apply the same logic to cannabis.

Marijuana has been grown and used for eons. Trying to control or eradicate it as a noxious weed rather than tolerate it as a plant with many uses, seems unjust, not merely inadvisable. The whole “tax and regulate” notion rubs up against the home growing of the plant. Marijuana is easy to grow, but many folks want to prohibit people from growing it out-​of-​doors — the better to keep it out of the hands of thieving youngsters.

Call me old-​fashioned, but it seems to me that thieving youngsters should be nabbed and dealt with in Andy Griffith-​style justice.

But then, I missed the marijuana episode of the Andy Griffith Show.

This is Common Sense. I’m Paul Jacob.