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Real Federalists Need to Step Up to Fight Jeff Sessions' War on Weed
Reason Magazine ^

Posted on 01/18/2018 5:42:35 AM PST by JP1201

You would think that the Justice Department has better things to do than to restart a federal war on marijuana or that it would want to stay away from interfering with the will of the people in the 29 states, plus the District of Columbia, that allow at least the medical use of marijuana. But you would be wrong. Thanks to Attorney General Jeff Sessions, we have now an emerging conflict between federal and state laws. That conflict should be resolved in favor of the states.

When he was a senator, Sessions once said during a Senate hearing, "Good people don't smoke marijuana." So nobody was surprised when a few weeks ago, he revoked the Cole memo—a document that provided guidance to federal prosecutors about targeting sales to children, money laundering and sales across state lines, as opposed to targeting the legal state sale of medical and recreational pot.

The memo was a poor alternative to revoking the Controlled Substances Act of 1970, which, the Cato Institute's Trevor Burrus writes, "defined marijuana as a Schedule 1 drug, meaning that it has no accepted medical uses and has a high potential for abuse." He adds, "Despite advances in our understanding of the medical benefits of marijuana, and despite 29 states having legalized medical marijuana in some form, federal law treats marijuana (as if it were) as dangerous as heroin." Note that cocaine, which has recognized medical uses, is a Schedule II drug.

The memo had the very positive effect of providing banks, users and dispensaries with confidence that they could operate legally without arrest. Unfortunately, Sessions' move could signal intent to use federal power to go after individuals and corporations in states that allow marijuana.

Though this is a legal move, it is ill-advised. Whatever one thinks of pot use, I can't imagine a good justification for going back to prosecuting the perpetrators of victimless crimes except that it fits nicely with the AG's outdated and paternalistic views.

It also goes against federalism, a belief that Republicans claim to hold, wherein states should be allowed to make decisions outside federal control on a variety of issues—such as legalizing marijuana. The Founding Fathers wrote a Constitution that distributed political power between the states and a national government. Police powers reside with the states, not at the federal level.

Our nation operates on consent of the governed. An Aug. 3 Quinnipiac University poll indicated that 94 percent of Americans support adult use of marijuana for medical purposes, if prescribed by a doctor. This poll indicated that Republican support for medical marijuana is at 90 percent. An Oct. 25Gallup Poll shows that a majority of Republicans support fully legalizing marijuana. At a time when Republicans are worried about following the will of the voters they'll face this November, they might want to note those lopsided numbers.

States should be allowed to make decisions outside federal control on a variety of issues and let the people, not the federal government, decide what they want.

Right now, many states respect the right of individuals to choose medical marijuana to treat stress, the nausea associated with cancer treatments and epilepsy. In eight states, the people have gone a step further and consented to adults using marijuana without a doctor's prescription. It's the essence of liberty to let people make their own decisions as long as they're not harming others.

This notion eludes Sessions. In 2014, Congress passed the Rohrabacher-Farr amendment, which prohibits the Justice Department from prosecuting medical marijuana businesses in states that allow it. Naturally, the AG wants Congress to pass an appropriations bill removing that language. Now's the time for the real federalists in Congress to stand up and stand by Rep. Dana Rohrabacher, (R-Calif.), and Sen. Patrick Leahy, (D-Vt.), who want this restraint on federal interference to continue.

Will the defenders of federalism stop a new war on drugs? The House and Senate are loaded with members who have parroted talking points and claimed that they're federalists; now we'll see whether their action matches up with their rhetoric. Trying to stop the Justice Department's new war on states that have consented to the use of marijuana is an act defending federalism and the will of the people.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: cannabis; constitution; federalism; marijuana; pot; statesrights; tenthamendment; wod
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To: JP1201

I support sessions here 100%!! Stop dope!!


21 posted on 01/18/2018 6:28:32 AM PST by raiderboy ( "...if we have to close down our government, weÂ’re building that wall" DJT)
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To: oldasrocks

Once it’s legal, it’s off the political spectrum table.

Thing is, it’s really easy to grow your own. I used do do it before I quit using it (1977). And that was in rainy Seattle.


22 posted on 01/18/2018 6:28:33 AM PST by robroys woman (So you're not confused, I'm male.)
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To: Diana in Wisconsin

Kratom is in their radar cross hairs, a relative of the coffee plant. Works on pain with out the HIGH of Weed. And can be used as a tea, though the taste is not pleasant, or put into capsule form. It’s legal in all 50 states still, FDA wants it banned can’t have competition to PIG PHARMA harmful pills.

Indiana prison just ‘lost’ 8K+ Neurotin addictive pain pills. It’s more addictive than 5 mg of NORCO. Tons of side effects, Lyrica is just as bad 50% react negatively to both.

https://americanaddictioncenters.org/addiction-medications/gabapentin/


23 posted on 01/18/2018 6:40:21 AM PST by GailA (Ret. SCPO wife: suck it up buttercups it's President Donald Trump!)
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To: JP1201

Where have these “freedom lovers” been the past 15 years when virtually every one of our Constitutionally protected rights have been taken away and liberty on life support?

Cowering in fear like the wussies they are.

But the prospect of abundant and legal weed causes them to find religion all of a sudden.


24 posted on 01/18/2018 6:43:43 AM PST by Paulie (America without Christ is like a Chemistry book without the periodic table.)
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To: Wallace T.

Sorry but you are talking rot. The same sort of rot that people who smoke marijuana babble. “The country has grown too big for a powerful, centralized Federal government.” Really ? then perhaps Americans should forget about this silly concept of a national consensus and laws that promote such nationalism and culture. If you accept this bizarre definition of voluntary Federalism, then you really should be disappointed that the South lost the Civil War. Or perhaps you should carefully study the transition of the Roman Republic into the Roman Empire and reflect on how ideals, practices and institutions were devolved and transformed. History does repeat because human nature does not change.


25 posted on 01/18/2018 6:44:06 AM PST by allendale (.)
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To: Wallace T.

In TN fireworks are permissive by county. Shelby Co home of Memphis forbids them, Tipton Co that is a border county permits them so the Fireworks dealers set up just over the Co line and do a booming business from both counties.


26 posted on 01/18/2018 6:45:24 AM PST by GailA (Ret. SCPO wife: suck it up buttercups it's President Donald Trump!)
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To: marktwain

“The drug war has caused far more harm than good.”

There was never a ‘war on drugs’. It is and always was a ruse.

But the war on liberty rages on virtually unabated.


27 posted on 01/18/2018 6:46:34 AM PST by Paulie (America without Christ is like a Chemistry book without the periodic table.)
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To: JP1201

Everybody that push for legalized weed is from the swamp. And why is that?


28 posted on 01/18/2018 7:00:17 AM PST by PetroniusMaximus
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To: JP1201
You would think that the Justice Department has better things to do than to restart a federal war on marijuana ...

Restart? When did the Federal government repeal the laws against Marijuana?

Don't you mean it's a shame that idiot states allowed people to start up these illegal businesses without changing federal law and they just assumed nobody was going to make them obey the federal law?

Put the blame where it belongs; on people who did not change the law before they started down this path.

29 posted on 01/18/2018 7:11:18 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: GailA

Good info, Thanks! Don’t know if you know of my tale of woe going through opioid addictions with my ex and his son. Oy! I wouldn’t wish any of that on my worst enemy.

Maybe Hillary, though. *SMIRK*


30 posted on 01/18/2018 7:11:53 AM PST by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set.)
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To: JP1201
An Aug. 3 Quinnipiac University poll indicated that 94 percent of Americans support adult use of marijuana for medical purposes, if prescribed by a doctor.

Well then, By God have them tell their congressmen to repeal the law against it. This sort of poll is just another type of lying. If this poll was true, congress would have already acted.

31 posted on 01/18/2018 7:12:32 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: marktwain
The drug war has caused far more harm than good.

Constantly repeated, and completely incorrect. The only reason people repeat this crap is because they do not comprehend what happens when you don't fight a war on drugs.

China is what happens. 100 million people killed, generations impoverished, one of the worst disasters in human history, and all because they made drugs legal.

No. The Drug war is by far the lesser of the two evils, and it has done much good compared to what would have happened had we let drugs do to us what they did to China.

32 posted on 01/18/2018 7:15:01 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: robroys woman
2. And it should be none of the government’s business.

It should most certainly be the government's business. We have already had this experiment, and a government that didn't intervene when it's population started getting strung out on drugs, collapsed.

No government and no society can survive unfettered drug legalization. China was turned into an impoverished basket case by legalized drugs, and millions of people died as a consequence of it. China is only in this century getting over the effects of the stupid drug legalization of the 19th century.

Drug legalization there caused massive upheavals and massive deaths, as well as ruined families, ruined economic activity, and horribly damaged their society.

It's taken them a hundred years to finally start getting over the mess created by legalizing drugs there.

33 posted on 01/18/2018 7:19:10 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: marktwain

the war on drugs is really a war on civil liberties.


34 posted on 01/18/2018 7:19:11 AM PST by jpsb
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To: proxy_user
A true Federalist would say no to both.

Not at all. The First duty of any government is to insure it's survival, and that of it's people.

35 posted on 01/18/2018 7:20:57 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: gibsonguy

So glad he is finally enforcing Federal law that some states thought they could simply ignore when they didn’t like it.


36 posted on 01/18/2018 7:21:52 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: jpsb
the war on drugs is really a war on civil liberties.

It is a necessary effort to prevent the nation from going into a drug fed death spiral as happened to China when they legalized drugs.

37 posted on 01/18/2018 7:25:45 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: JP1201
Sessions is actually doing his job and upholding written law.

It’s the laws regulating marijuana, and the reasons for them, that are in conflict, not Sessions.

And by doing his job, Sessions will make Congress do its job and hopefully they’ll satisfactorily address these longstanding conflicts.

I imagine the pressure is building to make this happen, too, and not just from the medical and recreational users and abusers.

It’s quite a remarkable plant and everyday I get more and more email offers and opportunities to get in before the boom(!) and become one of the next “marijuana millionaires!”

I’m sure there will be a lot of them, too, once the laws change.

38 posted on 01/18/2018 7:30:37 AM PST by GBA (A = 432)
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To: DiogenesLamp
I am not a big fan of "no knock laws".
I don't like warrant-less searches
And I really to do like property forfeitures where the owner has committed no crime.

All of the above and more because of the war on drugs. I can understand a prohibition on hard drugs but grass? Pot is not a hard drug and should at the very least be decriminalized.

39 posted on 01/18/2018 7:34:33 AM PST by jpsb
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To: allendale

“The country has grown too big for a powerful, centralized Federal government.”

allendale: Really ?

Me: Yes, really. Read the following from JR and don’t be a swamp-sucker =>

___________

“What is our mission? Free Republic is dedicated to reversing the trend of unconstitutional government expansion and is advocating a complete restoration of our constitutional republic.”

http://www.freerepublic.com/about.htm


40 posted on 01/18/2018 7:42:47 AM PST by Ken H (Best election ever!)
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