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Title: As Marijuana Prohibition Winds Down, What Will Control Freaks Ban Next?
Source:
Reason
URL Source: http://reason.com/archives/2016/09/ ... rijuana-prohibition-winds-down
Published: Sep 13, 2016
Author: J.D. Tuccille
Post Date: 2016-09-13 20:08:30 by Hondo68
Keywords: end the WOD, intrusive, powers and dangerous toys, the New Deal regulatory state
Views: 13250
Comments: 67
Marijuana "does not meet the criteria for currently accepted medical use in treatment in the United States, there is a lack of accepted safety for its use under medical supervision, and it has a high potential for abuse," the Drug Enforcement Administration sniffed in an August public announcement refusing to consider easing restrictions on the stuff. The announcement seemed to deliberately miss the point since a majority of Americans favor legalizing marijuana for fun, not just medicine. That the feds are fighting a rear-guard action on the issue is apparent from the fact that half the states in the country are currently ignoring D.C. on the issue, legalizing the sale and use of marijuana for recreation or sometimes broadly defined medicinal purposes. Arizona and California, at least, look poised to further loosen the law in November, with others to follow. But as marijuana prohibition falls, the drug cops have a backup plan. Just weeks after the marijuana announcement, the federal regulator of stuff that makes us feel good "announced its intention to place the active materials in the kratom plant into Schedule I of the Controlled Substances Act in order to avoid an imminent hazard to public safety." The original sin of the Southeast Asia-sourced plant is "its ability to produce opioid-like effects and [that it] is often marketed as a legal alternative to controlled substances." Which makes the stuff a potentially handy reefer madness substitute if you need a new drug to stand in for a relegalizing old one as you try to justify the continued funding of an expensive and potent federal agency. After all, that agency is staffed by well-paid employees who've come to enjoy using the intrusive powers and dangerous toys they've been given to satisfy the whims of the moral scolds in our midst. We've been down this path before. As Prohibition, America's first national effort to penalize people for taking pleasure in imbibing psychoactive substances, became increasingly unpopular and widely flouted at the end of the 1920s, an assistant commissioner for the United States Bureau of Prohibition cooked up a successor project. Harry Anslinger left his old gig and took on the role of commissioner of the new Federal Bureau of Narcotics—a predecessor agency to the DEA—and helped launch the national crusade against marijuana. It was a newly demonized intoxicant to give purpose to the power and personnel that had been assembled for the faltering crusade against booze. "This propitious marriage of state power and moral suasion would yield a dramatic expansion of federal policing and an increase of state and local policing in the quasi-military sphere of crime control," Harvard historian Lisa McGirr writes in her 2015 book, The War on Alcohol: Prohibition and the Rise of the American State. "The war on alcohol and the war on drugs were symbiotic campaigns," McGirr told Reason in an interview. "Those two campaigns emerged together, [and] they had the same shared...logic. Many of the same individuals were involved in both campaigns." McGirr sees the "federal penal state" of intrusive policing and mass incarceration that arose during Prohibition as the result of the combined efforts of old-time religious scolds who disapproved of alcohol use and Progressives who were eager to use state power to address what they saw as social ills. Together they nationalized what had traditionally been an individual, local, or state concern, gave the government unprecedented power to regulate people's lives, and escalated their efforts as people refused to submit. But even as it was a consequence of growing state power, Prohibition also helped to normalize the idea that the federal government could and should boss us around. "Faced with the unintended consequences of Prohibition, many men and women began to rethink their commitments to the war on alcohol, but they did not altogether reject the state's right to police and punish the use of other recreational narcotics," McGirr adds in her book. People also grew accustomed to an activist and intrusive state overall, paving the way for the New Deal and the regulatory state of today. A massive government apparatus, once created, can be used for any purpose its masters desire. "War is the health of the state," Randolph Bourne famously noted. But war doesn't necessarily require ships and planes launched against other nations; it can be waged against a government's own people by police who are empowered by the law to see enemies behind every door. Then as now, the law was unevenly enforced. If you were a New York socialite during Prohibition, you could continue to drink illicit booze at parties or in speakeasies in relative safety since you weren't considered part of a "problem" population and could push back against authorities—urban ethnics were deliberately targeted for harsher treatment when they broke the law, as were rural blacks. Likewise, Malia Obama was at little risk of more than a parental tongue-lashing when she was caught smoking a joint last month while young people—African-Americans, in particular--whose fathers don't reside in the White House often suffer nastier consequences in the absence of helpful political connections. Even for booze, the double standard for enforcement remains. While mayor of New York City, national nanny Michael Bloomberg ceaselessly sought to mold and scold his own suffering subjects as he broke the law himself to quaff wine in public. "They were behaving," he said of his friends who were given a pass by police. He's not one of those people, you know, and so he and his buddies shouldn't have to obey rules meant to rein in "problem" groups. So the desire to control remains in place, nurtured by policy-makers and their supporters who never intend themselves to be the target of enforcement. That desire remains even as public pushback causes yet another prohibition to stumble and fall. Prohibition has its own logic—of control and power—that has very little to do with the specific prohibition at any given moment. Those who would mold the world to suit their vision see no reason to back off their efforts, they've created a vast bureaucracy of enforcers who make their living pushing us around, and they've accustomed us to a state that pokes and prods us at every turn. So celebrate the relegalization of marijuana for sure. Just don't convince yourself that it means we've seen the end of prohibition, or of the abuses that intrusive government brings. The next big prohibition might be kratom, or another drug, or a grab-bag of substances and activities of which our rulers disapprove. What is banned matters less than the fact of the ban and the apparatus that keeps the ban in place. Winning doesn't mean ending a prohibition, it means disempowering the prohibitionists. It isn’t enough to end just one restrictive law, we have to disempower the prohibitionists.
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#14. To: nolu chan (#8)
Here in Oregon it has been nice to see these plants back in people's gardens now cannabis is legal. It is a change long overdue on the national level.
Why not simply leave the marijuana at home if, as you say, people are only going to use it at home? Then arrests would drop from 750,000 per year to zero and there would be no need to legalize the use.
#8 Actions without consequences.
Not worried about children having access?
They're going after powdered caffeine right now. Nah. We have garden space for each appaetment in the back yard and there are two nearly fully budded Indica/Sativa hybrids back there. Nobody is molesting them. There are many plants out there besides these plants kids should not eat and leave alone. I don't aee that as an issue. I myself don't eat or smoke this stuff. But the again I had a heart attack this year ans has a stint installed. I am eating and exercising much better and have no use for it.
Marijuana is illegal in all 50 states and all 52 federal jurisdictions. Raich v. Gonzales, 545 U.S. 1 (2005). "...the fact that marijuana is used 'for personal medical purposes on the advice of a physician' cannot itself serve as a distinguishing factor. Id., at 1229. The CSA designates marijuana as contraband for any purpose; if fact, by characterizing marijuana as a Schedule I drug, Congress expressly found that the drug has no acceptable medical uses." State law that has been wordsmithed provides an affirmative defense against state prosecution for medical marijuana. An affirmative defense requires one to admit the commission of unlawful acts and plead an affirmative defense, an excuse accepted in accordance with a provision of state law. In doing so, a federal crime is admitted. While a budget rider in effect until September 30th withdraws federal funds for prosecutiing marijuana in some states (not Ohio), if it is allowed to expire, or if funding is provided, the feds can prosecute unless the statute of limitations has expired. If you flunk a random drug test, your employer can fire you. If you get a state-issued medical marijuana license, the feds can deny your application to purchase a gun. Marijuana is not legal anywhere in the United States. The crime is currently not prosecuted in some places.
How do they get it home? A government strong enough to impose your standards is strong enough to ban them. And if you go into the Multnomah County Court house and screening deputies looking through your bag will look at it and leave it alone. The place I work up here gave me a pee test and I passed it because THC was all they found. Few people bother worrying about cannabis use here. If you are in public and smoking on the street all you have to worry about is someone wanting to join you. Sure, the repression is leaving too slowly, but the laws and repression was never ever justified, and the money to be made in that industry is too tempting to believe the laws will not become history.
You take the action of drinking booze or smoking pot, the consequence is that you get buzzed. There you go. A government strong enough to impose your standards is strong enough to ban them. The sovereignty rest in states. Marijuana got decriminalized in Massachusetts by an amendement to the constitution.
Marijuana got decriminalized in Massachusetts by an amendement to the constitution. Wake up. The supremacy clause of the Constitution clearly establishes that any law created by a state in conflict with the Constitution, federal law, or treaty is null and void. What is no longer a criminal act under State law, remains a punishable criminal act under Federal law. The collective States have the power to act to repeal or amend. They do not have the power to unilaterally to make laws in conflict with Federal law. Gonzales v. Raich, 545 U.S. 1, 29 (2005) The States may act to repeal or amend any part of the Constitution, but they have no lawful power to enact and enforce laws in any way with the constitutional law enacted by Congress. McCullough v. Maryland, 17 US 316, 436 (1819) unanimous
Constitution of Massachusetts predates Federal Constitution and was never abolished. Suck it up.
The State is not required to enforce Federal law. They cannot convert something that is a Federal crime into lawful activity. Had your employer decided to fire you for testing THC positive, you're screwed. See Brandon Coats v DISH Network, LLC In Colorado, he was fired for having a positive drug test. In a proceeding on a motion to dismiss his case for failure to state a claim, the district court in Colorado stated: CONCLUSION Because the Court finds that use of marijuana, even where such use is in full compliance with Colorado‟s Medical Marijuana Amendment, is not a lawful activity, Plaintiff‟s Complaint must be dismissed pursuant to C.R.C.P. 12(b)(5) for failure to state a claim. Upheld on appeal. A Federal amendment to the 2016 budget currently withholds funding for Federal prosecutions of medical marijuana prosecutions. That law expires in two weeks. If the withholding is not renewed, or funding is provided, prosecutions could commence for violations going back to anything within the statute of limitations. You may be denied the right to possess any firearm of ammunition. See S. Rowan Wilson v Eric Holder, U.S. District Court, Nevada (2014). The ATF stated that "if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have 'reasonable cause to believe' that the person is an unlawful user of a controlled substance," meaning "you may not transfer firearms or ammunition to the person." In Wilson, the 9th Circuit stated that, "in Dugan, we held that the Second Amendment does not protect the rights of unlawful drug users to bear arms, id.. at 999-1000, in the same way that it does not protect the rights of 'felons and the mentally ill,' Heller, 554 U.S. at 626-27." In light of the existing holding in Dugan, that violating Federal marijuana law by possessession/use made one ineligible to possess firearms, Ms. Wilson argued on appeal that she obtained a Medical Marijuana Card but did not use it. The question in Wilson became whether mere possession of a Medical Marijuana Card was sufficient to make one ineligible to possess firearms. The court said that it was. At page 2 of the slip op.: Furthermore, the Federal Gun Control Act of 1968 (“Gun Control Act”) prohibits “any person . . . who is an unlawful user of or addicted to any controlled substance . . . [to] possess . . . any firearm or ammunition . . . .” 18 U.S.C. § 922(g)(3). Additionally, § 922(d)(3) prohibits any person from selling or otherwise disposing of “any firearm or ammunition to any person knowing or having reasonable cause to believe that such person . . . is an unlawful user of or addicted to any controlled substance . . . .” 18 U.S.C. § 922(d)(3). You can make believe all you want, but if the Feds find you worth prosecuting, State law is no defense.
A State constitution trumps federal legislation, especially unconstitutional federal legislation. It's a steaming pile of congressional federal crap, NOT law. They'll have to pry my Korean Ginseng, from my cold dead hands! If it in any way conflicts with U.S. law, that part is null and void. Wake up. Federal law is supreme over all State law.
You are full of shit.
You take the action of drinking booze or smoking pot, the consequence is that you get in an accident and the rest of us pay for your care and rehabilitation the rest of your life.
750,000 arrests of people taking marijuana home. What are the odds.
"How do they get it home?" 750,000 arrests of people taking marijuana home. Beat that straw man. I never said people CURRENTLY ARE only using it at home, but that if it's legal there, that's where they'll use it. A government strong enough to impose your standards is strong enough to ban them. The accident is the (rare relative to the number of times booze or pot are used) consequence; us paying is the consequence of voting for Dums and RINOs. A government strong enough to impose your standards is strong enough to ban them. The key words are "in Pursuance thereof" Article 6: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land… === In Federalist No. 33 (6th para), Alexander Hamilton [who was a supporter of making Federal Government stronger!] says: …But it will not follow …that acts of the large society [the federal government] which are NOT PURSUANT to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies [the States], will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such… [T]he clause which declares the supremacy of the laws of the Union … EXPRESSLY confines this supremacy to laws made PURSUANT TO THE CONSTITUTION … [capitals are Hamilton’s]
You take the action of driving your car, the consequence is that you get in an accident and the rest of us pay for your care and rehabilitation the rest of your life. You take the action of jaywalking, the consequence is that you get in an accident and the rest of us pay for your care and rehabilitation the rest of your life. You take the action of masturbating excessively, the consequence is that you go crazy, you dirty little boy, and the rest of us pay for your care and rehabilitation the rest of your life. Yada, yada, misterwhite moralizing.
…But it will not follow …that acts of the large society [the federal government] which are NOT PURSUANT to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies [the States], will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such… [T]he clause which declares the supremacy of the laws of the Union … EXPRESSLY confines this supremacy to laws made PURSUANT TO THE CONSTITUTION … [capitals are Hamilton’s] Perfect rebuttal... Bookmarked for the next time nolu sham tries to subvert the words of our Constitution. ( which is becoming a daily occurrence)
Why are you telling me who's to blame? I didn't ask. I said WE are paying for the reckless behavior of others. I have zero interest in paying more tax dollars to fund the consequences of legalizing yet another recreational drug. In your little Libertarian fantasy world, legalizing all drugs looks real good ... on paper. It falls apart in the real world. Once people start taking personal responsibility for their actions -- as they did back when drugs used to be legal -- then we can BEGIN discussing legalization.
Drug laws ARE pursuant to Article I, Section 8, Clause 3 of the U.S. Constitution. So says Congress, the President, and the U.S. Supreme Court in Gonzales v. Raich, 545 U.S. 1 (2005). That's my side of the argument. But you're saying I'm wrong. Please present your side of the argument without using the phrase, "Because I said so".
By using what for logic? If there was ever an incentive to use a drug at home it would be the fact that it's illegal to use it in public. Yet there are 750,000 arrests every year of people who choose to smoke in public. Now you come along and tell me that behavior will stop if we legalize it?
"The power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes", means that Federal laws can ban import/export of marijuana between the states, with other countries and buying it from Indian tribes (or selling to them). If citizens of a given state grow, trade and consume only within their own state, this power does not apply.
"... the Court established that Congress can regulate purely intrastate activity that is not itself “commercial,” i.e., not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity." This is born out by fact. Nebraska and Oklahoma are currently suing Colorado over marijuana legalization because Colorado's marijuana is crossing into their states -- contrary to your claim that such a thing wouldn't happen.
The Court was wrong. "Undercutting" my a**. Constitution is clear. Anything can be banned that way.
The FAA is authorized to regulate and control all flights -- interstate and intrastate. Why? Because the failure to regulate intrastate flights would undercut the regulation of the interstate flights. Makes perfect sense to everyone ... except you. You think that a half-dozen mid-air collisions are the price we have to pay for interpreting the constitution that way YOU think it should be.
Why are you telling me who's to blame? I'm simply discussing the topic you raised: consequences. We are paying for the reckless behavior of our elected legislators. I have zero interest in paying tax dollars to fund a futile and criminal-enriching ban on a recreational drug. A government strong enough to impose your standards is strong enough to ban them. And still greater incentive if it's illegal to use it in public but legal at home. A government strong enough to impose your standards is strong enough to ban them. I call bullshit. They were arrested for possession - which can be detected in the course of a reasonable-suspicion pat-down with no public smoking involved. A government strong enough to impose your standards is strong enough to ban them. The key is that if a court has not struck down the law as unconstitutional, they just slam your ass in prison and let you enjoy your long tantrum with your cellmate Bubba. A proclamation by a wingnut on the internet doesn't cut.
They had it outside the home. You're trying to tell me they'd keep it inside the home. So your argument is without merit. Just as those arguing that the legalization decision should be up to each state since the marijuana will stay in that state. They're full of it as well.
You have yet to tell me anything I already did not know. You must be mistaking my absolute disregard for concern as ignorance of the legal paradigm of canabis. This is not so. I know well that there is no true justifiable reason for these laws. And the weight of that truth will eventually be the death of anti cannabis law. I am a political activist, not a lawyer. Pffft! Legal or illegal, if you're smoking at home the odds are infinitesimal that you'd be caught. People are not being busted in their homes for personal use.
Where did I say or imply that? Why should you or I care if they're walking down the street with a bag of weed or a pint of booze in their jacket pocket? A government strong enough to impose your standards is strong enough to ban them. Bulshit. It is not in the Constitution States may accept or they may not. They should and they did. Interstate means state. Case closed.
Yes they can. It does not make it true or right.
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#15. To: ConservingFreedom (#12)
"Possessing marijuana in public violates no rights - using it in public arguably does."
#16. To: Ferret Mike (#14)
#17. To: Ferret Mike (#14)
"Here in Oregon it has been nice to see these plants back in people's gardens now cannabis is legal."
#18. To: A Pole, hondo68 (#11)
They will ban natural remedies. First herbs, then even garlic, honey, ginger and lemon.
“Truth is treason in the empire of lies.” - Ron Paul
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
#19. To: misterwhite (#17)
#20. To: Ferret Mike (#14)
Here in Oregon it has been nice to see these plants back in people's gardens now cannabis is legal.
#21. To: misterwhite (#15)
Why not simply leave the marijuana at home if, as you say, people are only going to use it at home?
#22. To: nolu chan (#20)
(Edited)
#23. To: misterwhite, Ferret Mike (#16)
#8 Actions without consequences.
#24. To: nolu chan (#20)
Marijuana is not legal anywhere in the United States. The crime is currently not prosecuted in some places.
#25. To: A Pole (#24)
The sovereignty rest in states.
The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail. It is beyond peradventure that federal power over commerce is "'superior to that of the States to provide for the welfare of necessities of their inhabitants,'" however legitimate or dire those necessities may be. Wirtz, 392 U.S. at 196 (quoting Sanitary Dist. of Chicago v. United States, 266 U.S. 405, 426 (1925))
The Court has bestowed on this subject its most deliberate consideration. The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the General Government. This is, we think, the unavoidable consequence of that supremacy which the Constitution has declared.
#26. To: nolu chan (#25)
(Edited)
The collective States have the power to act to repeal or amend. They do not have the power to unilaterally to make laws in conflict with Federal law.
#27. To: Ferret Mike (#22)
And if you go into the Multnomah County Court house and screening deputies looking through your bag will look at it and leave it alone. The place I work up here gave me a pee test and I passed it because THC was all they found.
These interpretations of the Medical Marijuana Amendment limit the effect of the amendment as an affirmative defense to criminal prosecution. The amendment does not make the use of medical marijuana a lawful activity, so as to preclude an employer from termination based on this conduct.
However, under the Controlled Substances Act, marijuana is listed as a controlled substance that cannot be lawfully prescribed and that the general public may not lawfully possess. 21 U.S.C. § 802(6); 21 U.S.C. § 812(c), Sched. I(c)(10). There is no provision under Federal law that permits any class of the general public to lawfully possess marijuana, including those wishing to use marijuana for medical purposes. See 21 U.S.C. § 823(f) (providing an exception to the ban on possession of Schedule I drugs for federally approved research projects); see also Gonzales v. Raich, 545 U.S. 1, 14 (2005) (“By classifying marijuana as a Schedule I drug, as opposed to listing it on a lesser schedule, the . . . possession of marijuana became a criminal offense, with the sole exception being use of the drug as part of a Food and Drug Administration pre-approved research study.”). In contrast, the Controlled Substances Act expressly recognizes that “there is a lack of accepted safety for use of [marijuana] under medical supervision.” 21 U.S.C. § 812(b)(1)(A)–(C). See 21 U.S.C. § 829; see also United States v. Oakland Cannabis Buyers’ Coop., 532 U.S. 483, 491 (2001) (“Whereas some other drugs can be dispensed and prescribed for medical use, . . . the same is not true for marijuana.”).
#28. To: nolu chan, A Pole, *Bill of Rights-Constitution* (#25)
any law created by a state in conflict with the Constitution, federal law, or treaty is null and void
Castle(C), Stein(G), Johnson(L)
#29. To: A Pole (#26)
Constitution of Massachusetts predates Federal Constitution and was never abolished.
#30. To: hondo68 (#28)
A State constitution trumps federal legislation, especially unconstitutional federal legislation.
#31. To: ConservingFreedom (#23)
#32. To: ConservingFreedom (#21)
"How do they get it home?"
#33. To: misterwhite (#32)
Why not simply leave the marijuana at home if, as you say, people are only going to use it at home?
#34. To: misterwhite (#31)
You take the action of drinking booze or smoking pot, the consequence is that you get in an accident and the rest of us pay for your care and rehabilitation the rest of your life.
#35. To: nolu chan (#29)
If it in any way conflicts with U.S. law, that part is null and void. Wake up. Federal law is supreme over all State law.
#36. To: misterwhite, aka Cassandra, beats his meat.. (#31)
You take the action of drinking booze or smoking pot, the consequence is that you get in an accident and the rest of us pay for your care and rehabilitation the rest of your life. -- misterwhite
#37. To: A Pole (#35)
n Federalist No. 33 (6th para), Alexander Hamilton [who was a supporter of making Federal Government stronger!] says:
#38. To: ConservingFreedom (#34)
"us paying is the consequence of voting for Dums and RINOs."
#39. To: A Pole (#35)
#40. To: ConservingFreedom (#33)
"I never said people CURRENTLY ARE only using it at home, but that if it's legal there, that's where they'll use it."
#41. To: misterwhite (#39)
(Edited)
Drug laws ARE pursuant to Article I, Section 8, Clause 3 of the U.S. Constitution.
#42. To: A Pole (#41)
If citizens of a given state grow, trade and consume only within their own state, this power does not apply.
#43. To: misterwhite (#42)
"... the Court established that Congress can regulate purely intrastate activity that is not itself “commercial,” i.e., not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity."
#44. To: A Pole (#43)
"The Court was wrong. "Undercutting" my a**. Constitution is clear."
#45. To: misterwhite (#38)
"us paying is the consequence of voting for Dums and RINOs."
I said WE are paying for the reckless behavior of others.
I have zero interest in paying more tax dollars to fund the consequences of legalizing yet another recreational drug.
#46. To: misterwhite (#40)
If there was ever an incentive to use a drug at home it would be the fact that it's illegal to use it in public.
#47. To: misterwhite (#40)
Yet there are 750,000 arrests every year of people who choose to smoke in public.
#48. To: A Pole (#35)
The key words are "in Pursuance thereof
#49. To: ConservingFreedom (#47)
"which can be detected in the course of a reasonable-suspicion pat-down with no public smoking involved."
#50. To: nolu chan (#27)
#51. To: ConservingFreedom (#46)
"And still greater incentive if it's illegal to use it in public but legal at home."
#52. To: misterwhite (#49)
You're trying to tell me they'd keep it inside the home.
#53. To: misterwhite (#44)
(Edited)
Constitution is clear."The FAA is authorized to regulate and control all flights -- interstate and intrastate
#54. To: nolu chan (#48)
The key is that if a court has not struck down the law as unconstitutional, they just slam your ass in prison
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