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Potheads, puritans and pragmatists: Two marijuana initiatives put drug warriors on the defensive
Townhall ^ | October 18, 2006 | Jacob Sullum

Posted on 10/23/2006 5:03:34 PM PDT by JTN

Nevada is known for gambling, 24-hour liquor sales and legal prostitution. Yet the main group opposing Question 7, an initiative on the state's ballot next month that would allow the sale and possession of up to an ounce of marijuana by adults 21 or older, is called the Committee to Keep Nevada Respectable.

In Colorado, opponents of Amendment 44, which would eliminate penalties for adults possessing an ounce or less of marijuana, are equally certain of their own rectitude. "Those who want to legalize drugs weaken our collective struggle against this scourge," declares the Colorado Drug Investigators Association. "Like a cancer, proponents for legalization eat away at society's resolve and moral fiber."

To sum up, smoking pot is less respectable than a drunken gambling spree followed by a visit to a hooker, while people who think adults shouldn't be punished for their choice of recreational intoxicants are like a tumor that will kill you unless it's eradicated. In the face of such self-righteous posturing, the marijuana initiatives' backers have refused to cede the moral high ground, a strategy from which other activists can learn.

The Nevada campaign, which calls itself the Committee to Regulate and Control Marijuana, emphasizes the advantages of removing marijuana from the black market, where regulation and control are impossible, and allowing adults to obtain the drug from licensed, accountable merchants. To signal that a legal market does not mean anything goes, the initiative increases penalties for injuring people while driving under the influence of drugs or alcohol.

The "regulate and control" message has attracted public support from more than 30 Nevada religious leaders. The list includes not just the usual suspects -- Unitarian Universalist ministers and Reform rabbis -- but also representatives of more conservative groups, such as Lutherans and Southern Baptists.

"I don't think using marijuana is a wise choice for anyone," says the Rev. William C. Webb, senior pastor of Reno's Second Baptist Church. "Drugs ruin enough lives. But we don't need our laws ruining more lives. If there has to be a market for marijuana, I'd rather it be regulated with sensible safeguards than run by violent gangs and dangerous drug dealers."

Troy Dayton of the Interfaith Drug Policy Initiative, who was largely responsible for persuading Webb and the other religious leaders to back Question 7, notes that support from members of the clergy, which was important in repealing alcohol prohibition, "forces a reframing of the issue." It's no longer a contest between potheads and puritans.

The Colorado campaign, which goes by the name SAFER (Safer Alternative for Enjoyable Recreation), emphasizes that marijuana is less dangerous than alcohol and asks, "Should adults be punished for making the rational choice to use marijuana instead of alcohol?" This approach puts prohibitionists on the defensive by asking them to justify the disparate legal treatment of the two drugs.

So far they have not been up to the task. Mesa County District Attorney Pete Hautzinger has implicitly conceded marijuana itself is not so bad by implausibly linking it to methamphetamine. In a televised debate with SAFER's Mason Tvert, Colorado Attorney General John Suthers insisted "the only acceptable alternative to intoxication is sobriety."

That's fine for those who avoid all psychoactive substances as a matter of principle. But since most people -- including Suthers, who acknowledges drinking -- like using chemicals to alter their moods and minds, it's reasonable to ask for some consistency in the law's treatment of those chemicals, especially at a time when police are arresting a record number of Americans (nearly 787,000 last year) for marijuana offenses.

Despite a hard push by federal, state and local drug warriors who have been telling voters in Nevada and Colorado that failing to punish adults for smoking pot will "send the wrong message" to children, the latest polls indicate most are unpersuaded. Perhaps they worry about the message sent by the current policy of mindless intolerance.

Jacob Sullum is a senior editor at Reason magazine and a contributing columnist on Townhall.com.


TOPICS: Crime/Corruption; Culture/Society; Editorial; Politics/Elections
KEYWORDS: addiction; bongbrigade; dopers; drugaddled; druggies; drugskilledbelushi; explainsclinton; goaskalice; letsgetstupid; libertarians; potheads; potheadsvotedemocrat; reverendleroy; smokybackroomin10; userslosers; wodlist
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To: Turbopilot
because you did not in fact want an answer, but merely wanted to bait someone into arguing over your anti-marijuana views.

It was because I was granting that legalization would be real legalization, and was seeking an answer based on that premise.

But if you want to talk about the possible failures of actually implementing legalization that's fine. Let's not argue about each others semantics. Would you really consider it a failure of the idea of drug legalization if people continued to have their homes searched with knock-less warrants? I wouldn't. If there is a problem with the execution of warrants (and there are some) it is a separate issue from drug legalization. I can guarantee that mistaken or overzealous searches will continue after legalization, so why would you consider that a failure of legalization?

101 posted on 10/24/2006 7:38:21 AM PDT by SampleMan (Do not dispute the peacefulness of Islam, so as not to send Muslims into violent outrage.)
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To: Turbopilot
What exactly are my anti-marijuana views?

I think that states should be able to legalize it if they desire, but I don't think that they MUST legalize it. In short, its not a constitutional issue in my opinion.

I think that those who argue that it is a constitutional right, don't generally understand the ramifications of their own argument. That's my dog in the fight.

I think the federal government has authority to regulate importation, and unless the FDA is disbanded the prescription system should stay in place for most of the drugs now covered by it. Personally I don't think the FDA has constitutional authority, but I do think its desirable. So perhaps a consortium of state agencies would be needed, if its found unconstitutional.

I think that employers and charities (private and public) have the right to set terms of employment that include banning the use of substances from coffee to cocaine. The market (private concerns) and open debate (governmental agencies) can then decide what's reasonable.

Is that anti-pot?
102 posted on 10/24/2006 7:52:00 AM PDT by SampleMan (Do not dispute the peacefulness of Islam, so as not to send Muslims into violent outrage.)
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To: SampleMan
Pot should be legal for American teenagers because illegals get away with too much? Seriously, what kind of argument is that? Its certainly not a rational connection of related issues, nor is leveling the playing field to the lowest common denominator a good model for the justice system.

What this argument does is illustrate how screwed up our priorities are given limitied resources for law enforcement. In fact, the current Administration thinks that marijuana is a greater threat than even meth and have cut meth interdiction resources to go after pot smokers. The allocation of resources is a valid argument.

Think of a coherent argument, and then stick to it.

The most coherent argument is that is is noone else's business, and that claims that people that do not smoke pot are somehow victims of the scourge of pot is a false claim. This "I am a victim" mentality is not conservative.

If its unconstitutional for any government to regulate food and drugs, how do you keep all antibiotics from becoming worthless within ten years (due to overuse), or are the return of deadly epidemics simply the price that needs to be paid for getting good pot?

And you call my arguments incoherent. These two issues are not linked at all. Substitute milk for pot and it makes more sense.
103 posted on 10/24/2006 7:53:12 AM PDT by microgood
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To: Turbopilot
In any case, I guess my answer to your final questions would be "no" - no, it's not an "acceptable" outcome (nor one that really has much to do with legalizing marijuana), and no, it's not a concern that has merit.

Actually, making anti-biotics freely available is a real nightmare scenario. People would pop them when they felt sick and stop when they felt better, creating a huge petri dish for super bugs. That already happens now, but to a far lesser degree. The medical community certainly sees it as a real danger.

Now is it a realistic outcome of legalizating pot? That depends on the method of legalization. If the method of legalization is to say that the regulation of drugs is unconstitutional, then it is very realistic and could be expected, as all drugs would be covered.

I think having a concern therefore does have merit.

104 posted on 10/24/2006 7:59:19 AM PDT by SampleMan (Do not dispute the peacefulness of Islam, so as not to send Muslims into violent outrage.)
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To: Sir Francis Dashwood
You don't think other people have rights in the workplace to be free of dangerous individuals that can cause them injury or death?

Orwellian doublespeak. In any case, our Fourth Amendment rights trump any supposed right to safety at work. It's the price of freedom. Besides, people who demonstrate dangerous tendencies at work can be isolated and removed. It is the drug testing (searching) without any probable cause that is the problem.

In any case, drug testing is actually on the decline as companies realize it is ineffective and a waste of money. The world is no safer since we implemented drug testing than it was before.
105 posted on 10/24/2006 8:02:27 AM PDT by microgood
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To: microgood
And you call my arguments incoherent. These two issues are not linked at all. Substitute milk for pot and it makes more sense.

Please read my post #102, and I think my points will be clearer to you.

I think you either need to make a constitutional argument, or a practical legalization argument. Because frankly, if its a constitutional right, to argue the rest is pointless.

I've gotta go. I'd find it interesting to get your feedback on my #102.

106 posted on 10/24/2006 8:06:03 AM PDT by SampleMan (Do not dispute the peacefulness of Islam, so as not to send Muslims into violent outrage.)
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To: Tolsti
Trust me, pot use makes people lose theirselves. Even a relatively minor usage changes a person for the worse.

And it makes black jazz musicians rape white women too. /sarc

Puleeeeez

107 posted on 10/24/2006 8:13:35 AM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: SampleMan

I have been following this thread with every intent of leaping down your throat at some point, as I would with a standard-issue WODdie.

I see, however, that your statement re consequences is very salient:

"Now is it a realistic outcome of legalizating pot? That depends on the method of legalization. If the method of legalization is to say that the regulation of drugs is unconstitutional, then it is very realistic and could be expected, as all drugs would be covered.

I think having a concern therefore does have merit."


I believe your concerns are valid. To me, the obvious solution to this conundrum is to treat marijuana and other common plants as beneath the dignity of the law. The law should simply not deal with weed, mushrooms, and such.

Failing that happy outcome, I take solace in the thought that the government's ludicrous propaganda war against marijuana is a signal to youth that the government lies, and then lies some more; and that there is a large vested interest in the continuance of this policy, unsurprisingly.

The WOD is a great poster-boy for teaching distrust of the state.


108 posted on 10/24/2006 8:17:51 AM PDT by headsonpikes (Genocide is the highest sacrament of socialism.)
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To: headsonpikes
First and foremost thank you for reading my posts before assuming you knew my arguments. That's a hard thing to do, and I'm quite often guilty of "getting to the point" only to find that I misidentified the posters real point.

Did you read my #102?

I believe your concerns are valid. To me, the obvious solution to this conundrum is to treat marijuana and other common plants as beneath the dignity of the law. The law should simply not deal with weed, mushrooms, and such.

The problem with this approach as I see it, is that most all drugs are natural. Penicillin is just a natural mold spore.

If I were pushing legalization, which I'm not (just not one of my irons in the fire), I would push to put the laws back into the hands of the states and then let open debate and common sense prevail.

I think that by federalizing everything we have lost one our strongest advantages in government. That being the ability to conduct 50 different experiments in what works and what doesn't. Getting off of drugs for a second, look at education. If the states had free reign, we could let the blue states try throwing money at it, and let the red states set academic requirements and merit pay. Soon it would be very clear what model works, and what doesn't. Indeed, we might find that different things work in different places.

If you live in Vermont and the citizens of Alabama don't want to legalize pot, what business is it of yours? The reverse of course is also true. Now with antibiotics, clear harm from another state's actions becomes real, so I do think it becomes a federal issue.

109 posted on 10/24/2006 8:35:58 AM PDT by SampleMan (Do not dispute the peacefulness of Islam, so as not to send Muslims into violent outrage.)
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To: SampleMan

Thank you for raising the level of civility on this thread.

I said, "I believe your concerns are valid. To me, the obvious solution to this conundrum is to treat marijuana and other common plants as beneath the dignity of the law. The law should simply not deal with weed, mushrooms, and such."

You replied, "The problem with this approach as I see it, is that most all drugs are natural. Penicillin is just a natural mold spore."

I should have explicitly stated 'unprocessed' plant material. Extracts or other refined or transformed products such as THC, heroin, cocaine, and penicillin are drugs like any other, as you point out, and must be regulated for purely utilitarian reasons, but not from some posture of moral improvement of the people by the state.


110 posted on 10/24/2006 9:15:03 AM PDT by headsonpikes (Genocide is the highest sacrament of socialism.)
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To: headsonpikes
I should have explicitly stated 'unprocessed' plant material.

Thanks for the clarification. Let me ruminate on your idea for awhile. At least on the surface it seems like a good place to draw a line for those drafting a process of legalization. Its certainly more workable than the sledgehammer approach of constitutional mandate.

111 posted on 10/24/2006 9:36:38 AM PDT by SampleMan (Do not dispute the peacefulness of Islam, so as not to send Muslims into violent outrage.)
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To: JTN

Every strike against the failed war on some drugs is a step in the right direction.


112 posted on 10/24/2006 9:38:02 AM PDT by mysterio
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To: JTN
As a conservative, I say people ought to be allowed to smoke pot, drink liquor, smoke a cigarette, gamble or visit a hooker if they want. It doesn't mean I approve of these vices; its just none of my business what other people like to do in their free time.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

113 posted on 10/24/2006 9:39:26 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: ROTB
The point is freedom is the flip side of personal responsibility. I don't want the cops with their billy clubs carting me off to jail for behavior that doesn't harm any one else. A libertarian wrote a book back in the 90s about it that William F. Buckley reviewed. I think it was titled, "Its No body's Business." Anyway, the best form of policing is the individual. But if we're going to be locking up people for victimless crimes, we'd better starting locking all of us up.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

114 posted on 10/24/2006 9:46:02 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: mysterio
Every strike against the failed war on some drugs is a step in the right direction.

Don't concur. There is a great deal of damage that can be done if legalization is done the wrong way (see my #102).

115 posted on 10/24/2006 10:12:58 AM PDT by SampleMan (Do not dispute the peacefulness of Islam, so as not to send Muslims into violent outrage.)
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To: SampleMan; dirtboy
SampleMan:
I'm OK with a state legalizing pot if the majority of that state decides to, but I'm not OK with the concept that its a constitutional right.

dirtboy:
Well, you unfortuately have a real problem with the 10th amendment, then. Because, according to the 10th, it IS a state's decision about such. Or should be, until SCOTUS decides that words mean what they wish them to mean.

S-man:
Reread my post. The 10th Amendment does NOT make smoking pot a right.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Smoking ANYthing is an unenumerated right under the 9th Amendment. -- A right that can be 'reasonably regulated' by State & local gov'ts, -- but not outright prohibited.

The 10th Amendment limits fed/state/local governments from using those powers prohibited in the rest of the Constitution & Amendments.
Gov't must use only powers delegated to them by the people, who have limited themselves in the power to infringe on each others individual rights.

-- IE -- 'I won't try to suppress your liberty, if you don't try to suppress mine'; -- is the basic [much abused] Law of the Land.

116 posted on 10/24/2006 10:15:55 AM PDT by tpaine
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To: tpaine
Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The Ninth Amendment does not state that every action that is not mentioned in the Constitution is a de facto right. Treason is the only crime mentioned in the Constitution. The only possible inference to be taken in relation to the WOD is that smoking pot cannot be said to be constitutionally prohibited. I don't think anyone has every stated that it was.

Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

The Tenth Amendment clearly states that the people of the states are reserved the power to enact laws which they see fit, provided that those laws do not transgress those rights enumerated in the Constitution. Where is smoking anything enumerated?

117 posted on 10/24/2006 10:30:30 AM PDT by SampleMan (Do not dispute the peacefulness of Islam, so as not to send Muslims into violent outrage.)
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To: SampleMan
The 10th Amendment does NOT make smoking pot a right.

Smoking ANYthing is an unenumerated right under the 9th Amendment. -- A right that can be 'reasonably regulated' by State & local gov'ts, -- but not outright prohibited.

The 10th Amendment limits fed/state/local governments from using those powers prohibited in the rest of the Constitution & Amendments.
Gov't must use only powers delegated to them by the people, who have limited themselves in the power to infringe on each others individual rights.

-- IE -- 'I won't try to suppress your liberty, if you don't try to suppress mine'; -- is the basic [much abused] Law of the Land.

-- Amendment IX --
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The Ninth Amendment does not state that every action that is not mentioned in the Constitution is a de facto right.

Never said it did. But obviously, smoking any substance is, just as drinking or eating any substance is.

The Tenth Amendment clearly states that the people of the states are reserved the power to enact laws which they see fit, provided that those laws do not transgress those rights enumerated [or not, as per the 9th] in the Constitution.

Agreed.

Where is smoking anything enumerated?

The 9th clearly says rights do not need to be enumerated. Enumeration "-- shall not be construed to deny or disparage others retained by the people. --"

118 posted on 10/24/2006 11:01:45 AM PDT by tpaine
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To: eleni121

They probably already are.


119 posted on 10/24/2006 11:04:49 AM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: eleni121
I don't want THC users living next door to me or my kids. Or anywhere in my neighborhood.

Ok, so fight legalization in your neighborhood, and leave the people elsewhere alone.

So, if deluded legalizers cannot find a way to banish these dangerous fools to some cave, then maintain its status of illegality nation wide.

Like I said,,,your neighborhood just became the whole country?

120 posted on 10/24/2006 11:09:39 AM PDT by Protagoras (Billy only tried to kill Bin Laden, he actually succeeded with Ron Brown and Vince Foster.)
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