No, but it would help

Mitt Romney and the Republican Party got slapped down yesterday but, if you ask me, that’s not the most interesting thing that happened… After all, *SOMEONE* was going to win the election and if it wasn’t this guy, it’d be that guy, and if it wasn’t that guy, it’d be someone else. Even in the alternate universes (I checked), there was a presidential election yesterday and, yep, somebody won.

What I think the most interesting thing that happened yesterday is that the War on Drugs took a hit. Wait, that’s a horrible pun. There was a real shot fired across the proverbial bow of the War on Drugs. Washington passed Initiative 502. Colorado passed Amendment 64. Two states legalized recreational use of marijuana for adults.

Now, of course, the politicians in charge were somewhat less than perfectly gracious… Colorado Governor Hickenlooper said “This will be a complicated process, but we intend to follow through. That said, federal law still says marijuana is an illegal drug so don’t break out the Cheetos or gold fish too quickly” (which, really, is a spectacularly jerky thing to say) but he raises an interesting point:

Federal Law still says marijuana is an illegal drug.

Reason (atheist god bless Reason) engaged in some light journalism and actually called the DEA and asked about these passing and, I’m going to cut and paste these quotations from that link there:

“the Drug Enforcement Administration’s enforcement of the Controlled Substances Act remains unchanged”

“In enacting  the Controlled Substances Act, Congress determined that marijuana is a Schedule I controlled substance. The Department of Justice is reviewing the ballot initiatives and we have no additional comment at this time.”

And what does this tell us? Well, that this is, indeed, tension between The States and The Federal Government and that means that this is going to go all the way to the Supreme Court… where, of course, half of the Supreme Court will stand upon precedent and point out Wickard v. Filburn while the other half will repudiate Wickard and, instead, point out the Supremacy Clause… which means that this law will be overturned before Hickenlooper actually gets around to finishing the aforementioned “complicated process”.

That said, this is something that will not be quite so easily undone. A tipping point has happened in some parts of the country… and it doesn’t seem like the momentum is going to be so easily stopped by the speed bumps that will be soon appearing. There will be, at least!, a schedule change for marijuana very, very soon. The crack in the… no, that’s a horrible pun. The change began yesterday. The more I think about this, the bigger a deal I suspect it is.

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106 thoughts on “No, but it would help

  1. I’m hoping this is the first step towards legalization at the federal level, but I’m pessimistic. I think they want to keep this out of the Supreme Court as long as possible.

    Now that I think of it though, isn’t Obama scheduled to get two more picks while he is in office?

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  2. I hope you are right JB. When I think of the colossal waste the WOD has been, I get upset. I have wanted to write something on it, but I probably wouldn’t be able to say anything that hasn’t been said better before.

    I can’t think of a single angle on which prohibition has been justifiable – not constitutionally on its face (and it has caused secondary damage to our other rights there too), not philosophically, not financially (the money, my gosh), not pragmatically (maybe I could forgive some of the preceding if, you know, we had fewer addicts or deaths, or drugs were harder to get, or weaker, or freaking anything – just one success measure, for God’s sake – yet we generally hold basically steady or, counterproductively, worsen, on every metric).

    Just complete nonsense; and worse than nonsense, for the collateral damage and death and corruption at home and abroad in Mexico/S. Am. and FoPo screwups like Afghanistan and GAH! How did this happen and why is it taking so long to show any signs of sanity?

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    • Any explanation I have seems insufficient. Maybe a Puritan Ethic that says “if you want to feel good, wash the dishes” would argue that people shouldn’t have the option of using a substance that can make them feel good with no effort whatsoever… but that leads me back to the thing I find myself yelling more and more and more: “are there limits to your jurisdiction?”

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        • This is why, despite being pro-life, I have very little respect for Roe vs. Wade. So, medical privacy allows people to do whatever they want to their body, eh? Okay, I wouldn’t have called that ‘medical privacy’, but I can get behind that as a principle in a free society…a person’s body is completely under their own control and any alterations they wish are allowed. In fact, I like that principle!

          Oh, wait, it only applies to abortion (and contraceptives) for some completely nonsensical reason.

          In fact, when you look at contraceptives, it’s even goofier: There is a _constitutional right_ to put certain chemicals in your body to temporarily alter your body chemistry and reduce your fertility, but it is _illegal_ to put certain other chemicals in your body to temporarily alter your body chemistry and make you feel better? What?

          Now, yes, a right to abortion and contraceptives is somewhat more _important_ than a right to recreational drugs, but I’m having trouble seeing how it is more ‘medical privacyish’. It’s like having a constitutional right to free speech allowing you to wear a ‘Fuck the government’ shirt but it being illegal to wear a Brewer’s shirt. Huh?

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      • JB, I agree with that. It’s a Puritan Ethic. I mean, the only down side of people smoking pot is that they won’t want to, like, trim the hedges or something, which lowers the property values and looks all messy. And that’s just a Bad Thing.

        Isn’t that so obvious it doesn’t require argument?

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        • There are a few potential downsides, such as European studies with huge sample sizes linking it to schizophrenia in people who carry a high number of risk factors. One of my old housemates had quite a few of those risk factors (suicide in the family, etc) and one not she got so high she had auditory hallucinations. Coke was probably safer, but occassionally she’d over do that, too.

          A male model was hanging out with us on the patio one evening and related a story from his last stint in rehab for heroin. There was a guy in his forties in there with him, and he asked the guy what he was in rehab for. The guy said “Weed.” “Weed?!” “Yeah, back in my early twenties I was sitting in front of my aquarium, watching the fish, getting high. The next thing I remember, I was still sitting there, watching the fish, so I came here.” ^_^

          That guy later struck it big in the modeling industry, moved to New York City, and predictably died of a heroin overdose.

          I had one housemate that stayed high so much that he couldn’t remember to water his clones. He was engaged to the same girl the male model used to date, and after they’d broke up one of her friends urged her to call in another physics student (and Iraq war vet) that she claimed had killed a couple people as a hitman. The housemate had an intense confrontation with the dude, but they finally chilled out and probably started talking about leptons and quantum effects. They would’ve been in senior physics classes together this semester, but the dude is now sitting in jail for mutliple homicide, torture, dismemberment, and other charges. As it turns out, he really was a hitman, working for a local coke dealer. My housemate says his physics teachers are still kind of freaked out by it. Why couldn’t the guy design WMD’s or laser weapons like a normal physics student?

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          • “Yeah, back in my early twenties I was sitting in front of my aquarium, watching the fish, getting high. The next thing I remember, I was still sitting there, watching the fish, so I came here.”

            To be honest, I do think that this is the strongest argument for keeping it illegal.

            I don’t think it’s strong *ENOUGH*, mind… but it is a damn good argument.

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            • I used to buy this argument too – maybe Americans didn’t need anything else to make us apathetic and lazy – but again, this is just a variant of Puritan work ethic – don’t sit there watching the fish tank, when there are dishes to be washed and “clones to be watered” (?! George, I’m not saying your comment sounds like you and Kim have been smoking together, but I am not NOT saying it either).

              But I frankly don’t see how we draw the line between the stoner contemplating his fish tank, and the sports fan contemplating his ball game, and the meditator contemplating his lotus (and the commenter contemplating his comment).

              They possibly all might look like a waste of time to me, but who am I to say?

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                • I decided in favor of pot legalization (other recreational drugs need to be considered seperately, although I’m generally of the mind ecstacy is probably another one to consider legalizing) because I sat down and realized that of cigs, booze, and pot — the case for criminalizing pot was the weakest.

                  Danger, health risks, risks to others, addictive properties — I couldn’t come up with a single reason to ban pot that didn’t apply more so to booze or smokes, and generally more.

                  I suspect most states and counties would be pretty happy just taxing pot, rather than fining or jailing (and paying for the stay) of people caught with it. More revenue, less hassle.

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                  • I suspect most states and counties would be pretty happy just taxing pot, rather than fining or jailing (and paying for the stay) of people caught with it. More revenue, less hassle.

                    That sure seems like it makes sense. But the private prison industry is lobbying hard to keep pot illegal, as well as fighting many efforts to equalize the unjustly lopsided penalties for possession of crack vs. powder. Need perps to fill the cells of existing prisons and build more prisons: more prisoners + more prisons = more profit.

                    Interestingly enough, Gary Johnson gets a lot of love around here for his position (among others) on decriminalizing drugs, but in what seems like a glaring contradiction to reality on the ground, he’s also a big proponent of private prisons.

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                    • I didn’t vote for Johnson (I did consider it, primarily as a protest against The War on Some Brown Skinned People, as opposed to Mitt’s War on Any Brown Skinned Person Who Either Looks at Me Funny or Whom Bibi Doesn’t Like, but then decided no). And I think private prisons are a 100% awful idea.

                      But,

                      1) Johnson is pretty consistently libertarian about wanting to privatize anything that reasonably can be (as governor he was pragmatic; unfortunately the private prison thing had/has enough of a lobbying base). I dont think he has a particular zest for prisons versus, say, hospitals. I very much encourage correction on that.

                      2) He does seem to be consistently in favor of policies that lead to fewer people in prison at all (e.g. WOD and its collateral damage). So I think a Rawlsian could still say he’s overall better than Obama on the mean maximin negative utility :).

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              • Yes. Almost all hobbies look like wastes of time from the outside to other people. And a boatload of them are more dangerous than drugs.

                Drugs sometimes cause a physical dependency, but so what? Skiing sometimes cause broken legs. A lot of hobbies, like computer games, TV watching, etc, sometimes cause people to not get enough exercise. Sports sometimes cause fights and riots. D&D sometimes causes players to think the game is real and go on murderous rampages for ‘experience’…wait, that one is made up, nevermind.

                It is legal for people to put specialized pieces of cloth in their backpack, hire an airplane, and then _jump out of that airplane_ and use the cloth to maybe land safely. This is entirely _legal_. People _sell_ other people this service, and the government is completely aware of this.

                Compared to all that, someone who needs a specific amount of heroin each day to function is _nothing_.

                And frankly, within a _functioning_ treatment system, it’s a hell of a lot easier and cheaper to detox someone vs. fixing a broken leg or a heart attack caused by not enough exercise. (We do not have a functioning treatment system.)

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              • Another of my housemates got an ounce of weed for his birthday – from the police! They needed to make an ounce disappear with no paperwork or else charge a disabled vet in a wheelchair with possession.

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                • It’s true. I also know the cop. Sometimes he’s taken my parking space in the back. ^_^

                  A reality show at my house would include some strange characters. One time I popped out the back to sea dead Canadian geese laid out for butchering by the son of a federal judge. Another time I popped out back and the yard was full of people laying in the grass, tripping on shrooms. One of my aforementioned housemates swung by not long ago with a huge jar filled with bud and an MP-5 clone modified to violate pretty much every law on the books. I said, “Dude, if a cop pulls you over he’s going to wet himself, because you are his dream bust.”

                  Once I went outside and the cute blonde housemate came staggering out, scratched up, bruised, and bloody, and needing a ride. She’d been in a car wreck, and it turns out her wounds weren’t from the wreck, they were from falling down on the sidewalk hours before she rammed her Subaru into a telelphone pole smack in front of the University’s Islamic center. She’d spent the night in jail, where her drunk, pilled up, belligerent attitude was not appreciated.

                  The landlord, the 50-something son of a very wealthy pediatrician, used to sit out back with me, where he’d smoke crack. He was on a small living allowance after the lawyers figured out that he’d snorted about $100,000 worth of coke up his nose. A friend of a housemate once tried to act cool in front of a bunch of his college friends by telling the landlord “I’d be down with smokin’ some crack wit you.” The landlord looked at him like he was crazy, and then said, “Have you ever been f**ked in the a** – by a MAN?” All the kids’ eyes got as big as saucers.

                  The landlord always bragged that although he’d been charged with rape and sodomy many times, he’d never been convicted. He’s also been in rehab all over the US. The last time he got pulled over, driving a Lexus, the cop ran his plates and pulled up a rap sheet that’s probably two miles long (eight DUI’s at last count), extending back to the 1960’s. He came back to the landlord’s car and just said, “I’d write you up, but you never learn,” and just let him drive on! His family is very rich. Now he’s living in the house that’s on the home-page of the Kentucky Historical Society.

                  And those aren’t even the freakiest people who’ve lived here. There was the hair-dresser with a severe oxycontin and methadone habit who had clinical narcissistic personality disorder, which she probably got from having her high-powered lawyer father dote on her since she was little. Her hard-drinking, occassionally pill-popping boyfriend, an English literature senior, was plotting to fake his own death to get away from her, and now he’s an ordained minister, of all things. When she lived here it was a big gay party most of the time, and her boss violently evicted his live-in boyfriend when he came home early and found him engaged in unnatural acts with his rottweiler.

                  One year we had UK’s star running back living here, which pretty much included all his black friends and lots of white college chicks. Although he hadn’t read a book since second grade (or so he claimed), he was probably the most normal one.

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  3. W/all due respect and for the record, JB, Mitt Romney was not “slapped down.” The other fellow got more votes, and aside from Bill Clinton hisself, I can’t imagine who might have done better than Mitt did.

    As for the pot thing, on federalism grounds I agree. I actually endorse the “medical marijuana” charade we have here in California, which the Obama admin feds mysteriously started busting up before the election. The pot’s expensive and needs a corrupt doctor’s prescription. My adult friends have the scrips and can afford the bud. It’s sort of like Prohibition although you can get some 1000-yr-old scotch if you set your mind and your money to it.

    The non-legal alternative is dirtweed, which couldn’t get a fly high.

    I prefer our hypocrisies to be hidden in plain sight, practical and effective. For the record.

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  4. I’m puzzled. We passed the same ballot initiative, except that ours is specifically to help cancer patients, and it didn’t even slow the fishing feds down. Why would yours be any more powerful?

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      • This pretty much sums it up. CA really wants to be FED light, especially with a Dem administration. Brown will not be overshadowed by Bloomberg.

        Although, part of me thinks it is because we want to have something to show we aren’t the man “oh yeah, I’m breaking the law!”

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    • Schilling, I’ve thunk about this some more and there is another explanation that makes sense to me:

      California is cracking down on MMJ because, so the argument goes, corrupt doctors are giving prescriptions to people who are faking something like nervousness or insomnia and instead of taking it For Reals, they’re just smoking it because they want to relax and take a nap! WHAT THE HELL!!!

      So the Feds go in because there are people who are *NOT* cancer patients who are smoking the doobage.

      In Colorado, it’s just legal. People can smoke it for reasons up to and including “I enjoy sensations of euphoria.”

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      • Maybe, but the Feds have been coming in long before the current crackdowns, and have arrested people like the guy who ran medical pot for the city of Oakland. I think you’re assuming local complicity that doesn’t exist.

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    • Yes, that kind of surprised me (I expected Colorado to go ‘no’ and Oregon to go ‘yes’).

      Part of me wants to daydream about the message that would have been sent if all three did… alas.

      My quick googling tells me that Oregon’s measure was written poorly (then again, why wouldn’t they say that) and that they’re likely to try again. I hope they do… but I hope even more that they have reason to try.

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      • That was surprising to me too, and makes me think there was some weird wording in the bill, or really poor adverts in favor of the bill (or really effective negative adverts against the bill) that confused people. For CO to get so high for the measure relative to OR requires an explanation. In my experience.

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        • Ah, crap. That means I have to do actual research.

          Okay. I looked up the Colorado Amendment itself and thought that it would be about as long as one of the Amendments we know and love in the Bill of Rights. No such luck. It’s a long sonova. Here’s a url to the main text, watch out, I don’t know if the url itself makes it not work safe: Amendment 64.

          Oregon’s Measure 80 (aka the Oregon Cannabis Tax Act, aka Initiative-9) can be read here.

          Off of the top of my head, I don’t see any glaring flags… I mean, other than “marijuana”. Maybe one of the lawyer types can help?

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          • Just a general remark — here in Colorado we cheerfully stick things that ought to be statute, that have to be as wordy as statute in order to be workable, into the state constitution. It’s no harder to get a proposed amendment on the ballot than to get a proposed statutory change, and the legislature can’t mess with an amendment after the fact. One of the other amendments we passed this time updated some of the civil service hiring procedures. Why did it have to be on the ballot? Because the details of the state’s civil service procedures are in the bloody constitution, and what should be a routine legislative matter now requires either a referred or initiative ballot item.

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            • That system has its faults, as you point out, and others you’re probably aware of (like Amendment 2 from 1992). Still, I find I miss voting on all those initiatives and referenda.

              There’s a certain rough-and-tumble to citizen-initiative democracy that is lacking in places like Illinois, where there are occasionally binding or non-binding resolutions and referenda (but not, to my knowledge, initiatives), but they are few and far between.

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  5. Maybe my reading of this is completely off-base, but I don’t think there’s a constitutional controversy here at all. State law can do its thing and federal law can do what it wants to. State law enforcement will no longer prosecute marijuana crimes, but the Feds will continue to do so. Where’s the problem?

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    • Sort of the way I see it.
      The issue between federal & state authorities is one of jurisdiction.
      Both have subject matter jurisdiction.
      The state has personal jurisdiction (and many other states may as well through long-arm statutes).
      In order for the federal authorities to assert personal jurisdiction, it has to:
      a) satisfy the threshold dollar amount; or
      b) affect interstate or foreign commerce.

      The big difference in the “interstate or foreign commerce” requirement is that of individuals or businesses.
      Interstate commerce is typically seen as routine for businesses, but was made purposefully difficult to establish for individuals.

      From the Tenth Circuit’s model jury instructions:

      “Commerce” is taken from United States v. Grassie, 237 F.3d 1199,
      1206 n.5 (10th Cir. 2001).
      “Interstate commerce” is discussed at length in Grassie, id. at 1205–
      12, from which the interstate commerce portion of this instruction is
      taken almost verbatim. See id. at 1206 n.5. Grassie follows Jones v.
      United States
      , 529 U.S. 848 (2000), which also discusses interstate commerce
      at length.

      It also has made clear that only a de minimis effect on commerce is required, United States v. Wiseman, 172 F.3d 1196, 1214–15 (10th Cir. 1999), and has
      upheld a trial court’s refusal to instruct that a substantial eect is
      required, United States v. Battle, 289 F.3d 661, 664 (10th Cir. 2002).

      The court seems to have struggled with the language that “commerce
      . . . was actually or potentially . . . affected” and that the government
      can meet its burden by evidence that the defendant’s actions
      caused or “would probably cause” an eect on interstate commerce. In
      United States v. Nguyen, 155 F.3d 1219 (10th Cir. 1998), the court
      observed that use of the words probable and potential “while perhaps
      not the best way to explain to the jury the interstate commerce requirement,
      did not constitute error.” Id. at 1229. In United States v. Wiseman,
      supra, the court upheld an instruction which stated, in pertinent
      part, that the government could meet its burden by evidence that money
      stolen for businesses “could have been used to obtain such foods or services”
      from outside the state, opposed to “would” have been so used. Id.
      at 1215 (emphasis in original). The court, citing Nguyen, held that the
      instruction was not prejudicial because only a potential eect on commerce
      is required. Id. at 1216. The Tenth Circuit continues to approve
      instructions requiring proof of actual, potential, de minimis or even just
      probable eect on commerce. See United States v. Curtis, 344 F.3d 1057,
      1068–69 (10th Cir. 2003).

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      • Some of the copy & paste didn’t come out right.
        But here is the Table of Authorities and notes:

        US v. Grassie: an arson case from New Mexico

        US v. Jones: another arson case from the Seventh

        US v. Wiseman: a series of robberies from New Mexico

        US v. Battle: robbery of a convenience store in Kansas

        US v. Nguyen: robbery with aiding & abetting in murder in a restaurant in Kansas

        US v. Curtis: armed robberies in Oklahoma

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        • Check out Carol Anne Bond vs. U.S. (June 2011)

          Also, where does it say in the U.S. Constitution that the commerce clause gives Congress the authority to PROHIBIT anything? I recall the operative word is: REGULATE.
          Recall that the states began the end of alcohol prohibition long before it was ended by amendment. That is what is happening in Colorado and Washington.

          Finally, how is it that we had to amend the US Constitution to implement alcohol prohibition and did not when drug prohibition was implemented. Again, see Carol Anne Bond V. U.S.
          SMD

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    • James,

      Those are pretty much my thoughts, too. As I see it, the Colorado amendment changed Colorado law, making something legal that was illegal under the state law. I find it hard to imagine a scenario where the Supreme Court would even be asked to say, “thou shalt make it illegal.”

      Now, I do see a constitutional issue with enforcement. The feds will, probably, try to enforce federal law in Colorado. And it is possible, I suppose, that Colorado law enforcement will cooperate with the feds to help them enforce federal law. I can see enforcement being litigated to the SCOTUS. And if it is, I believe it’ll be Raich all over again, only more so.

      Or if it’s a question of the feds denying law enforcement funds the state, then it might be an issue of to what degree the feds can compel a state to change its laws under the stick / carrot of federal grants. In that case, it’ll be an interesting discussion, perhaps drawing in part on Roberts’s invalidation (or at least severe limiting) of the Medicaid expansion.

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  6. Well Jaybird, I dont usually agree with you, but you sure nailed this one.
    The few times I tried pot, it gave me a 3-martini buzz. It certainly didn’t send me into reefer madness.
    It’s just insane to waste taxpayer money on interdiction and genuinely cruel and unusual jail time, when you can flip the equation and turn things into a sin tax cash cow.

    Prohibition didn’t work in the 20s, and it sure doesn’t work now.

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  7. I’m all for legalization of ALL currently illegal drugs, not just ganja.

    However, do you really think the Feds are going to cave on this? Look what they did / are doing in Cali. The Feds can still raid a place and seize the assets of the owners. Additionally, the WOD has too many players feeding at the trough to go quietly. What do you expect the gov of Wash State to do when the Feds seize some property and throw some folks into jail that were operating in accordance with state law? How much money does the state get in various funding from the Feds that they can use to pressure the state?

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  8. Eventually, prohibition will end. Soon, I think, too.

    1) War on Drugs costs a lot of money. Money we don’t have.

    2) Sale of drugs has massive potential to earn revenue. Money states need.

    At the end of this all, those two things will settle it.

    But I do have concerns about legalizing pot; there are some people with addiction problems. Same with alcohol, though. My take would be to work toward a 3-T solution: Trade, Tax, and Treat.

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  9. A question which this has raised for me:

    With states now voting in favour of gay marriage rather than against it (and DOMA still in place federally), and with states voting to legalize marajuana and the federal government going against it, could liberals/leftists start tipping towards supporting greater federalism rather than opposing it. In plenty of non-US countries, decentralization is seen as liberal or at least potentially liberal; in the US it’s (understandably) seen as conservative due to the specter of the Old Confederacy.

    If that happened, liberals and libertarians would start having a lot more in common.

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  10. Colorado Governor Hickenlooper said “This will be a complicated process, but we intend to follow through. That said, federal law still says marijuana is an illegal drug so don’t break out the Cheetos or gold fish too quickly” (which, really, is a spectacularly jerky thing to say) but he raises an interesting point

    Spectacularly jerky? Not just regular jerky? Or maybe even a teeny tiny bit funny ‘specially coming from a pol? (Hmm. Somebody seems curiously extra sensitive– or maybe there’s simply a dash of I-hate-Hickenlooper subtext.)

    Anyhoo, nice piece. Sea changes are a slow and usually painful slog, but they do happen. Even if the Feds try to pull rank, which might very well happen, the momentum toward decriminalization is under way. And that momentum is not an exclusive libertarian/liberal thing either, which is encouraging.

    By the by, my son lives in Boulder (CU grad student) and he really didn’t have high hopes for Amendment 64. (No matter the potential shaming, I am not retracting that pun.) He was pleasantly surprised that it passed. And he’s not even a pot-smoker except on 4/20 when every pedestrian who breezes past the quad is a pot smoker whether they like it or not except for this year when CU cracked down hard on the tradition and spread fish oil all over the quad to underscore their seriousness in cracking down.

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    • The closest analogy to what Hickenlooper said that I can come up with on the fly is “we’re going to re-legalize the sale of wine, beer, and liquor eventually, just not yet… so please refrain, for the time being, from public urination.”

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    • It’s jerky because over half of his state just voted for legalization, but he’s still treating them like a fringe demographic of silly stoners, the same way Obama treats legalization as a joke issue that’s only supported by some stoned college students.

      When an issue gets majority support, its supporters are by definition no longer the political fringe. They at least deserve better than to be laughed at in their moment of victory.

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  11. If the GOP actually wanted a place to start gaining leverage with the under-40 crowd, lobbying hard for Federalism on drug laws would be a really good place to start. Wait for the DEA under Obama to go after dispensaries again, and then go big that while they disagree with drug use, it’s only a federal issue at the border and the rest should be left up to the states.

    Hard to see Boehner, O’Reiley, Gingrich, and Hannity making that argument, however.

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    • Prior to 9/11, I was a regular viewer of O’Reilly and I remember that he had Phil Donohue on his show and they were arguing politics and O’Reilly was giving a rant about legalizing drugs and Donohue leaned forward and, if you know Donohue, you know exactly how he said this, Donohue said “Not even Mare-eee-huana???” And O’Reilly waved his hand and said fine, legalize that, and went back into his rant about the evils of drugs.

      I thought it a strange cultural moment.

      Then 9/11 happened and everybody went nutzo.

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  12. In the state where I live, you can buy whiskey off the grocery-store shelf, and beer from the refrigerator at the gas station. We’ve solved the problem of selling intoxicants to the general public.

    Or, if we haven’t, then we’ve got a bigger problem than dope.

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