Posted on 01/04/2018 9:41:41 PM PST by Oshkalaboomboom
This morning, Twitter sparked to life with the news that Attorney General Jeff Sessions intends to rescind multiple memoranda which effectively made it Justice Department policy not to enforce federal bans on the sale and distribution of marijuana in states that have legalized the drug, so long as those states properly regulated its sale and distribution.
The most famous of these memos was authored in 2013, by then–deputy attorney general James Cole. It expressed the Obama DOJ’s desire that states “prevent diversion of marijuana outside the regulated system,” prohibit access to marijuana by minors, and replace the “illicit marijuana trade that funds criminal enterprises with a tightly regulated market in which revenues are tracked and accounted for.” If these conditions were met, Cole’s policy promised, the Department of Justice would exercise its so-called “prosecutorial discretion” to leave the growing “legal” marijuana industry alone, despite the fact that it exists in direct defiance of applicable federal law.
Sessions’s new policy rescinds the Cole Memo and four other similar memos “effective immediately.” It states that from now on prosecutors “should follow the well-established principles that govern all federal prosecutions” in deciding whether to go after the marijuana industry in states where it has been legalized. Contrary to Huffington Post spin, this isn’t a “crackdown.” It’s a restoration of the rule of law and the end of yet another unconstitutional Obama policy that privileged executive power over the American constitutional structure.
It’s also a policy that Congress and the president should quickly override through new legislation. The time has come to decriminalize marijuana.
During the latter part of his administration, President Obama time and again used memoranda and other extra-legal means to try to change federal law. Moving beyond drug enforcement, Obama took significant independent action pertaining to immigration and civil rights. For example, his administration defied the will of Congress on immigration, granting lawful presence to DREAMers and the parents of lawful residents (DACA and DAPA), and dramatically expanded the scope of Title VII and Title IX to extend protections on the basis of sexual orientation and gender identity.
Obama often justified his unconstitutional actions by claiming that Congress “failed to act.” What he meant is that Congress failed to do what he wanted. Yet there is no clause in the Constitution that grants the president the authority to disregard the separation of powers to achieve progressive policy goals.
Unfortunately even members of Congress sometimes inadequately defend the legislative branch’s constitutional prerogatives. This morning, Colorado Republican senator Cory Gardner declared that Sessions had contradicted personal assurances made before his confirmation and “trampled on the will of the voters in [Colorado] and other states.” No, senator, this is exactly wrong. Congress banned the cultivation, distribution, and sale of marijuana nationwide. Thus it is Congress that tramples on the will of Colorado voters. It is Congress that is violating federalist principles in law enforcement.
Gardner is positioned exactly where he needs to be to reform America’s drug laws. As a senator, he could introduce or co-sponsor legislation that explicitly decriminalizes marijuana at the federal level and leaves marijuana laws to the states. And there are multiple powerful arguments he could make in support of such a bill.
First, there’s the federalist argument. In a polarized and divided nation, respecting self-governance and state sovereignty becomes more important, not less. So long as state governments respect fundamental constitutional rights, let California be California and let Colorado be Colorado. As a resident of Tennessee, I’m happy to observe the results of their social, legal, and cultural experiments from a distance.
Second, in a nation with a massive prison population that’s so often torn apart by controversy over police shootings and alleged violations of civil rights, it’s important to look for creative ways to decrease police/civilian interactions and lessen government regulation of private behavior. Simply put, we need fewer criminal statutes and fewer prisoners. No one should believe that marijuana decriminalization will make a material difference in mass incarceration (it won’t), but observing places like California and Colorado will teach us whether we can make a modest start without harming public safety.
Finally, it’s important to know whether marijuana actually possesses meaningful medicinal benefits. Our nation is in the grips of an opioid crisis caused in large part by over-prescription of extraordinarily addictive and potent narcotics. In some instances, marijuana could potentially replace harder and more dangerous drugs. Serious scientific study of that potential is warranted, and Congress should make it easier for doctors to conduct such study.
Gardner and other marijuana-sympathetic senators like Rand Paul and Cory Booker should seize this political moment. Republican congressman Tom Garrett Jr. introduced legislation in the House last year that would remove marijuana from Schedule I of the controlled-substances list. National support for legalization is at an all-time high (64 percent, as of late October 2017), and by getting on board, GOP legislators could reach out to new constituencies — young and minority voters — at the same time that they protect civil liberties and advance federalism.
Don’t blame Jeff Sessions for enforcing the law. Instead, write new legislation, pass it through Congress, and put a bill on the president’s desk. It’s time to do the right thing the right, constitutional way.
Weed was made a schedule one drug by executive order. It can be changed by EO as well.
“If we spend a tiny fraction of what we are spending, but seal the border we can win the war on drugs. This has been known for decades.”
By “border,” do you mean the Mexican border or both borders and every point of entry by land, sea, air a underground?
That should cost somewhat less than $100 trillion.
Ed
Ooooh! Just wait. Potheads are coming for ya!
As far as I can tell, every state that has legalized allows growing at home. And, unlike making beer or wine at home, anyone can grow more than a year's supply in a small plot in a backyard. After all, weed is, well, a weed. It is easy to grow.
Sure there will always be commercial, licensed operations when it is legal, but the check on prices is going to be home-grown. And, there is already an effective underground distribution system. I just do not see a high profit in commercial sales and distribution.
People who are too tired and get free money and who have amotivational syndrome will buy it and there will enuf of them to fuel lots of businesses...
To parody and update Marx...”psychotropics are the religion of the masses”
To Smack Religion upside the ass deserves something.
I doubt psychotropic is the word.
They can decriminalize pot all they want. However, you will not be hired and be fired from your job after the drug test. Unemployment is a severe punishment.
It is a shame that there is such ignorance that thinks the hemp to grow pot is the same hemp used to make rope. There is very little of the narcotic THC in the industrial hemp used for rope.
I don’t care where you fall on the issue of marijuana legalization/decriminalization, you should support this move by Sessions. It is up to Congress and the President to change the law if there is the desire to do so. We do not need government officials deciding which laws will be ignored or enforced. This was just another unlawful abuse by the Holder DOJ.
Only if they waive government healthcare benefits for 2 years, if they are positive for drug use for more than 2 ER visits per year.
These drug addicts are on the roads driving.. medical fact. So why wait until they kill your mom, dad, wife or child? Alcoh has already cost many many innocent lives, why add more?
Just around the corner....lol
It’s a gateway drug because it’s illegal. Your dealer has every incentive to get you onto something harder and dealers of black market anything are inherently shady. In every way, alcohol is worse than marijuana (and I drink regularly, tried pot twice as a very young adult and hated it)
I am sure you are being sarcastic. Leftist politicians know how to play their market. It is very easy for them to manipulate the pot user by playing the legalization card. It is not the narcotic effects of pot that transforms the brain to think left.
What actually happens in the brain occurs in the dopamine transport through the neurons of the brain. Dopamine is responsible for the reward/pleasure mechanism. This mechanism is controlled by the an attached inhibitory neuron which releases GABA to reduce dopamine transmission. A receptor on this neuron, called a Canabinoid Receptor, can be triggered by chemicals to reduce the release of GABA. These chemicals (Endocannabinoids) are very close to THC. When GABA is reduced, the dopamine transmission is maximized. THC mimics these chemicals--Anandamide and 2-AG--causing increased dopamine reward/pleasure transmission. This is the euphoric reward/pleasure sensation from THC.
In pain transmission, the Endocannabinoid System regulates the transmission of pain signals from neuron to neuron. When an adjacent neuron is stimulated is releases Endocannabinoids which attach to the cannabinoid receptors of the transmitting neuron. When the neuron is stimulated again, the present Endocannabinoids reduce the release of GABA and glutamate. This mechanism is a brake to minimize the pain sensations. THC again mimics the Endocannabinoids and this case, reduces pain. You get euphoria and the reduction of pain. What could be better than that?
However, that euphoric pleasure sensation will have its penalty. THC in the brain alters the neural communication process in the brain and throughout the body. This can affect emotions, movement, learning, memory and decision making. The big question is, will THC affect the production of Endocannabinoids? Will it cause a permanent loss of production, like a diabetes of the brain? Research is ongoing.
“Legalize it? Just one more step to a 3rd world sh!thole.”
Like the Philippines? Or Singapore?
I have not even read the article yet, been working since 8 am yesterday trying to get this project into the city tomorrow and too tired to absorb anything... but I have a gnawing question and saw this thread and thought this seemed like a good place to ask it...
Can somebody please tell me why it is that conservatives always stand for personal freedoms, personal responsibility, states rights and less laws in general very consistently, except this one specific subject - Marijuana... that Evil Weed, the Devils Lettuce?
I just want to tell you, it makes the entire conservative movement look like chicken little... The real stupidity comes in if you put any thought at all into it knowing it is much safer than alcohol or tobacco... You literally can not OD on marijuana, but alcohol will kill you if you drink too much too fast and tobacco is a proven killer, nicotine used to be a pesticide... I still have an old bottle of pure nicotine I found cleaning up grandpa’s shop.
The official position is there is no medicinal use, which is why it is scheduled the way it is, but then the US Government also holds the patent for medical uses...
https://www.leafscience.com/2014/07/25/u-s-government-patent-marijuana/
That said, I am a Trump supporter and as much as I hate to see Sessions doing this, I knew this was coming... I hoped Trump would can him before he dis, but Sessions has never kept his hate for the evil weed a secret. I have to support his actions, I have been begging for laws to be enforced and that has to mean all laws... What needs to happen is Congress needs to change the laws, just reschedule already and leave it to the states. Hopefully this is simply more Trump brilliance and this will force that to happen with the uproar it’s going to create.... your messing with states economy’s now and school funding too! Not only Blue states, but states that put him in office... This is a simply a states rights issue... Certain counties still ban alcohol, if you want the evil weed illegal in your area make it so!
>> We could not win the war on drugs because we didn’t have the will to win.
The WOD supports many careers, pensions, and college educations... It’s a damn industry.
In Singapore, cannabis is forbidden. Like other recreational drugs, detaining to much of it can result in death penalty.
I’ve known some pot smokers in my life, some from good families, they are all no-good creepy people. That has convinced me something is dead wrong with cannabis.
Knowing pot smokers craving for their doses, the argument that cannabis is not addictive is a sad joke. I witnessed that some years ago when cannabis was the old hippies plant, I don’t even imagine what that would be with the THC supercharged new GMO plants whose seeds can be ordered now by mail.
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