Tag: marijuana

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crime and punishment general freedom moral hazard nannyism national politics & policies privacy responsibility too much government U.S. Constitution

Too Healthy to Play

marijuana, Cannabis oil, law, football, crime, criminal, therapy

Cannabis oil can prevent the seizures of at least some victims of epilepsy. But the hope this medicine provides is too often undercut by fear.

I discussed, a few days ago, the case of 15-​year-​old David Brill, whose life is in danger because officials forcibly removed him from the care of his parents. His mom and dad had (illegally) let him smoke pot — which stopped his seizures. Now they’re fighting to recover custody of David and save his life.

Somewhat different is the plight of an aspiring football player at Auburn University.

Early in 2017, the would-​be safety in question, C.J. Harris, began taking cannabis oil to stop epileptic seizures. He has suffered no seizures in all the months since. And he’s in no legal trouble.

But Auburn University’s football team has rescinded its offer to join the team. Exactly why he won’t be allowed to play is unclear. One would guess it is because of the National Collegiate Athletic Association’s ban on cannabis oil, even if prescribed. But the team’s medical personnel says they’re only concerned about his health given his history and the roughness of football. 

Does Auburn apply the same standard to all players who have recovered from major physical setbacks? Or, rather, does the team typically let players return to play as soon as they’re ready and able?

Whatever is keeping him off the field, the factors that should decide the question are being shunted aside. 

One, is C.J. Harris healthy enough and skilled enough to play for Auburn? 

Two, is C.J. Harris willing to accept the risks involved?

This is Common Sense. I’m Paul Jacob.

 

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Accountability crime and punishment folly general freedom moral hazard nannyism national politics & policies privacy too much government

Good Pot, Bad Law

Brill, family, marijuana, pot, prohibition, seizures, epileptic, goFundMe

Should you let your son suffer, perhaps even die, if the medicine he needs — the only medicine that helps — is illegal to administer? 

The question answers itself. It’s the answer that Matthew and Suzeanna Brill acted on when they let their 15-​year-​old son David smoke marijuana to help control his epileptic seizures. Nothing else was doing the job. 

“For 71 days our son rode his bike, woke up, went to school, played with friends, played outside; and the terror for his life that gripped our hearts and souls began to lift,” says Suzeanna. “We were breaking the law. We saved our son.”

But because the Brills did what they did — and because a thoughtless therapist tattled on them — Georgia’s Family and Children Services took David away, with the help of the sheriff’s office of Twiggs County. So David has been living in a group home, forcibly separated from his parents and presumably from any effective treatment for his life-​threatening seizures.

“Whatever the law is, it’s my job to enforce it,” says Sheriff Darren Mitchum in rationalizing his deplorable conduct. (Whatever the law is?) After all, “somebody’s got to stand up for the child’s welfare.” Because, as everyone knows, preventing destructive seizures could not possibly be in the best interest of the person suffering from those seizures … right? 

Fighting to get their son back, the Brills are raising money for the legal costs through a GoFundMe campaign. 

Let’s help them succeed. Fast.

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 ballot access general freedom government transparency initiative, referendum, and recall local leaders moral hazard

Fear of Voters

Oklahoma, votes, democracy, initiative, marijuana, State Rep. John Enns, ballot

You are a state legislator, say. And an issue could be placed on the ballot on which a majority of your state’s citizens might not vote according to your preference. What would you do?

  1. Educate your fellow citizens on the merits of your position; or
  2. Dawdle while calling a lobbyist for advice; or
  3. Change the constitution to make it impossible for such a vote to ever be held?

State Rep. John Enns chose option C — perhaps after exhausting B. Stamping out Oklahoma’s ballot initiative process, freeing Enns and other legislators from this citizen check at the ballot box, is the essence of his House Bill 1603. 

The Sooner State already possessed the toughest petition requirements in the country.  Supporters must gain the country’s highest percentage of voter support (15 percent) while limited to the second shortest time period (90 days) to circulate petitions. 

On top of this current statewide slog, Enns’ constitutional amendment would require also qualifying in every single county. Oklahoma has 77 counties.

As the Tulsa World editorialized, “he wants to make it impossible.”

What lousy rationale lies behind Enns’ desire to destroy democratic governance? 

In response to another legislator’s query about his “fear that some marijuana bill will … become a state [ballot] question,” Enns claimed his effort was “not pre-​emptive.” But he acknowledged his strong opposition to legalizing recreational marijuana, which he pointed out “had been done through initiative petition” in other states.

Enns is afraid of Oklahoma voters having their say. He should be.* 

This is Common Sense. I’m Paul Jacob.


* I mean, of course, that Rep. Enns should fear being booted out of office on his keister. He should not have to fear physical reprisal. The Tulsa World reports that the Oklahoma Highway Patrol is now providing security to Enns, after a death threat was received related to his HB 1603.

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free trade & free markets general freedom too much government

Bank on It?

marijuana, bank, California, California State Treasurer John Chiang, Federal Reserve

It took me a moment. And I assure you, I wasn’t high.

When I read that California State Treasurer John Chiang was considering a “marijuana bank,” my first thought was that he was talking about warehousing bud and leaf.

Well, no. That would be stupid.

So, maybe reporters and bloggers shouldn’t call it a “marijuana bank.” What these government officials are doing is trying to determine “the potential of a public bank to service the cannabis industry in California.”

A state bank, in other words. Not unheard of.

But would it be stupid?

Not according to Treasurer Chiang.* But his notion is not just about serving an industry that the federal government still tries to suppress — and continues to use its regulatory powers over banks to monkey-wrench. 

Chiang defends his move in part on anti-​capitalist grounds: “We see deepening public dissatisfaction and cynicism over the private banking system — a dissatisfaction that can be traced to the financial excesses of Wall Street, which triggered the worst recession since the Great Depression.”

Was the financial crisis the result of “bad actors” in the industry alone? No. The American banking industry is heavily regulated, the government-​created Federal Reserve is very hands-​on in its control of money and banking, and federal regulatory and financial bodies have exerted similar influence over housing industry financing for scores of years.

So of course a Californian politician wants to solve a government-​induced problem by creating more government.

That’s what’s stupid, if you ask me. 

This is Common Sense. I’m Paul Jacob.

 

* He’s going forward with a big study to “answer questions about costs, benefits, risks, and legal and regulatory issues, including the needs for capitalization, deposit insurance, and access to interbank transfers of funds.”

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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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