Tag: marijuana legalization

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

A Practical Vote Against Racism

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“Marijuana is only legal for white people, in California,” explains Lynne Lyman of the Drug Policy Alliance. Talking with Zach Weissmueller, on reason​.tv, she clarifies the situation regarding California’s currently legal medical marijuana, and why Prop. 64, a ballot measure sponsored by Californians for Responsible Marijuana Reform, is so necessary.

Marijuana prohibition — which has been severely curtailed in the states of Alaska, Colorado, Oregon and Washington, all of which allow not only doctor-​prescribed “medical marijuana,” but also recreational use — is still in play in California, despite legal medicinal use.

But the weight of the state’s heavy hand falls mainly upon the poor, especially on racial minorities. “If you are white and over 21 in California,” Ms. Lyman insists, “you can pretty much use marijuana without any sort of criminal justice involvement.”

So here is where the old canard that pushing for legalization and the right to self-​medicate is “just about you smoking dope,” which is what I often hear. Californians’ best reason to vote for Prop. 64 is that it establishes something very much like a right to self-​medicate, and — get this! — it altruistically applies to more than the white population.

The truth is, drug prohibition in America has been, mostly, racist.

Sure, alcohol prohibition transcended racial bias and bigotry. But the earliest federal laws against opium, heroin, and cocaine were directed at despised minorities, first the Chinese and even, many years later (after alcohol prohibition failed) when marijuana was made illegal, against blacks, “ne’er-do-well” jazz musicians, and Latinos.

So, one reason for white Californians to vote for legal marijuana is not so they can imbibe, but so that others aren’t unjustly persecuted.

This is Common Sense. I’m Paul Jacob.    

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

The Peace Dividend

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

Not Plutonium

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

Gold Leaf

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

Legalize, But Prohibit?

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Last week, I warned of marijuana legalization.

Not that I’m against it. But how much will actual freedom be increased?

Note: I’m not bemoaning, as one activist friend argued, that “if you can’t toke up and celebrate in public when it passes, it’s not legalization.”

One cannot now legally smoke tobacco in most public buildings (meaning those open for business as well as government-​owned structures) or drink a beer in most public parks or while navigating sidewalks. But you can smoke and drink at home or on certain types of private property.

Ending the drug war and treating newly legalized marijuana pretty much as we treat alcohol and tobacco seems like a long overdo common sense approach.

There’s also the freedom of home cultivation. I have friends who make wine at home, for private consumption. It’s legal; it’s proper. It should also be legal to grow cannabis at home. Yet, many a politician thinks otherwise.

And they are inspired, in a sense, by the popular legalization mantra, “legalize, tax and regulate.” That sends an ominous signal: in order to maximize revenues, politicians see the revenue advantage in forbidding hard-​to-​tax home cultivation — cultivation that is, let’s face it, a traditional freedom, a right “retained by the people.”

The excuse for this continued prohibition could be “think of the children.” But it’s probably just greed for revenue … and the even more hidden enticements of “crony capitalism,” which plagues almost all industry.

You should be able to grow a plant. And self-​medicate. These are basic human rights, and the state should work around those.

This is Common Sense. I’m Paul Jacob.

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initiative, referendum, and recall Tenth Amendment federalism U.S. Constitution

Put Federalism In Your Pipe

Though centralized power, coalescing in Washington, D.C., has increased in recent years as a bipartisan effort to grow government, it’s worth noting that true federalism is not dead.

Take one of America’s longest-​running atrocities, the “War on Drugs.” The American people are rebelling, leaving their political representatives, state and national, in the back seat. The recently successful marijuana legalization initiatives in Colorado and Washington State are already taking effect, thus marking a major retreat in the once-​popular, now increasingly hopeless war.

Last Friday, The Seattle Times reported that King County has dismissed 175 cases involving people over 21 and possession of one ounce of cannabis or less. “Although the effective date of I‑502 is not until December 6, there is no point in continuing to seek criminal penalties for conduct that will be legal next month,” explained the county prosecutor.

A smaller number were dismissed in Pierce County, with its prosecutor saying that, “as a practical matter, I don’t think you could sell a simple marijuana case to a jury after this initiative passed.”

In Colorado, a major drug task force has been disbanded. The excuse is lack of funds, but I suspect that Colorado officials had read the writing on the wall, and it wasn’t “Mene, Mene, Tekel, u‑Pharsin” — it was the wording of Colorado’s Initiative 64.

The federales don’t have the manpower to enforce federal law in the 50 states, or the constitutional authority to dictate state enforcement of either federal law much less the nature of state criminal laws.

Courtesy of the citizen initiative, we could be seeing the next major devolution of power away from the nation’s capital.

This is Common Sense. I’m Paul Jacob.