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

Not Plutonium

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

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?

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

Cannabis and Kings

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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crime and punishment general freedom too much government

Marauding Cops

Policemen who perpetrate acts like those I am about to describe should be imprisoned.

That’s not an anti-​police statement, it’s a pro-​law-​and-​order one. Anybody who vandalizes the property of innocent people and pointlessly terrorizes them, whether flashing a badge as prelude or not, should be arrested, prosecuted, convicted and punished.

Santa Ana police raided a medical-​marijuana dispensary, a legal business in California. Why? Solely because it lacked a license.

Techdirt​.com, which has videos of the raid, suggests that although “having the proper paperwork in place is important” — and it sure seems to be if not-​being-​raided is also important to you — the shop was in line to get the license. The process had been bogged down by local politics.

Nevertheless, officers on site “treated this lack of proper paperwork like it was the Zeta Cartel operating under its nose. The video captured by the dispensary’s cameras shows heavily-​armed cops — some wearing ski masks — smashing through two doors and yelling at the peaceably-​assembled customers to lie on the floor.”

We then see the jolly officers sampling the shop’s foodstuffs, playing darts, and ripping cameras off the wall.

They missed a couple. (Hence Techdirt’s extensive video coverage.)

Motive? It seems apparent that they engaged in all this abusive authority-​flaunting just because they could.

And there is no real doubt that they knew what they were doing was wrong, and they knew that we would know. That’s why they went for the cameras.

Just like any gang trying to get away with something.

This is Common Sense. I’m Paul Jacob.


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Out of control cops

 

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Accountability ideological culture Tenth Amendment federalism

Return to Federalism

As we make sense of this week’s sea change — of the Great Shellacking Democrats took on Tuesday — some caution is in order.

In 2006, voters did not choose the Democrats because of what they were or what they promised, but because of what they weren’t: corrupt, clueless Republicans. Now, Republicans should remember that they were mainly chosen because they aren’t Democrats: that is, hopelessly narrow-​minded, self-​righteous, and corrupt.

So, what should Republicans do?

Maybe it’s not to start out of the gate by repealing Obamacare, which its namesake would simply veto.

In Alaska, Oregon, and Washington, DC, voters approved the legalization of recreational marijuana use. In California, with Proposition 47, Golden State voters ushered in a new regime, downgrading many, many drug violations and former felony crimes to misdemeanor status.

This is the people of the states leading.

They are rejecting the “get tough” approach both parties have supported for decades, an approach that has had the dubious result of being most popular with public prison workers’ unions and the private prison lobby

Opposing drug use may be socially “conservative.” Politically speaking, however, granting government nearly unlimited police powers, and without regard to objective results, is not.

If the Republicans want to lead in Washington, they should follow the people in these bellwether elections. Back them up. End the Drug War and, with it, the Prison-​Industrial Complex. Return criminal justice back to the states, where the Constitution originally put it. And where modifications can be more easily made.

Return to federalism. Return to reason.

This is Common Sense. I’m Paul Jacob.