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national politics & policies Tenth Amendment federalism

The Great Weed Fake-Out

When, in the last State of the Union political rally, Stumbler-​in-​Chief Joe proclaimed that his administration had been “expunging thousands of convictions for the mere possession” of cannabis, did you believe him? Previously, when Second Banana Kamala set the theme, claiming to have “changed federal marijuana policy, because nobody should have to go to jail just for smoking weed,” how confident were you of her boast?

“Neither claim was accurate,” explains Jacob Sullum, in the June issue of Reason. They are exaggerations at best. For their voting bloc.

Remember Biden’s 2020 campaign promise to “decriminalize the use of cannabis” and “expunge all prior cannabis use convictions”?

They were undelivered because these moves would require new legislation.

Biden’s not a dictator. As much as he tries.

He still needs Congress.

When he announced, last October, to much ballyhoo, a mass pardon for simple marijuana possession convictions, directing a review of the drug’s classification under the Controlled Substances Act, neither move “actually ‘changed federal marijuana policy,’” Sullum insists. Not one prisoner was freed, and — more startling yet — no record was expunged … for while the president can pardon, he cannot legally expunge records. 

The question to ask ourselves is this: does Biden or anyone now in power really want to do anything more than yammer about drugs? 

After all, any substantive reform would require, as Sullum points out, addressing the tension in the union: a federal government claiming powers to regulate and prohibit (not found in the Constitution), and 38 states that have effectively nullified federal law.

Confronting that might lead to ceding a whole lot of power back to the states … on more matters than just weed.

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

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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