Legalizing Marijuana The Federalist Way

[Galaxy]

Legalizing Marijuana The Federalist Way
Posted by CN Staff on May 08, 2009 at 20:35:29 PT
By Ross Raffin
Source: Stanford Progressive

California -- Many advocates of legalizing or decriminalizing marijuana feel Obama has abandoned them. White House Chief of Staff Rahm Emanuel is a consistent warrior against decriminalization. Attorney General Eric Holder has a history of opposing drug policy reforms and considers the adult use of marijuana equivalent to public nuisance. Even Joe Biden, when asked about pain management and medical cannabis, responded that â??there's got to be a better answer than marijuana.â?� But the reality is that the Obama administration has turned the tides in favor of legalization and decriminalization in a much stronger and subtler way than open rhetorical endorsements.

Optimism for drug reform began when Obama ended federal raids on cannabis dispensaries in states which allow medical marijuana. What marijuana advocates fail to realize is that with this the Obama administration initiated a small but extremely important step towards legalization. More importantly, it has done so in a way to insulate itself from Republican attacks and attempts to distract the public.

At the heart of the marijuana debate is federalism, the separation of state and national governmental power. For most of America's history, marijuana was treated as a crop subject to state regulation. However, the national government justified regulating marijuana through a variety of means, mainly the Commerce Clause of the Constitution which gives Congress power to regulate inter-state trade. This line of reasoning was forcefully used by the John Ashcroft in 2001 to enforce federal raids on medical marijuana dispensaries.

When a state legalizes marijuana, medical or otherwise, state law is in contradiction with federal law. This grey area leads to very confusing legal proceedings. For instance, if a state patrolman finds a medical marijuana patient in possession of marijuana, nothing happens. However, if a federal officer found a medical marijuana patient in possession of the same amount of marijuana, the federal officer can and usually will arrest the patient and prosecute under federal law. This hypocrisy is at the base of the current trials going on against elderly medical marijuana patients.

The Obama administration drastically changed this dynamic with just a slight alteration of criteria for federal intervention with marijuana dispensaries. Eric Holder announced that the federal government will no longer pursue medical marijuana dispensaries or patients unless they violate both federal and state laws. In the case of California, because medical marijuana is legal, federal intervention is no longer allowed in cases where California's medical marijuana laws are not broken. Thus, if California were to fully legalize marijuana, under current policy the federal government would not intervene.

This leaves Republicans in a very tough spot. Small government is the bedrock foundation of the party. However, if a â??liberalâ?� state legalizes marijuana, the only tool left to combat the legalization of marijuana is for the federal government to extend power over state government. Obama's actions cannot be criticized as an attempt to â??deregulateâ?� marijuana. Instead, it is a triumph of state rights over federal intervention.

More importantly, any attempt to fight state legalization of marijuana through suit automatically goes to the Supreme Court. This creates an opportunity to strike down previous legislation criminalizing marijuana as opposed to having the Democrats introduce a bill on the Senate floor to legalize pot.

Consider the alternative strategy of legalizing marijuana on a national level first through Obama. In the current political environment, the leading accusations against the president range from terrorist to Marxist to illegal alien. Imagine the campaigns that could be waged if Obama so much as hinted that he wants to legalize marijuana. Not only would there be insinuations that Obama wants drugs for personal use, but inevitably racial dynamics and stereotypes would enter discourse. It would be the ultimate redirect from the economy. Instead of focusing on regulations and expenditures, emphasis would be on the president who is destroying traditional American values with reefer.

If Obama or the Democrats proposed legalization, all the Republicans have to do is have several governors or senators who refuse to implement the federal law. This would frame the argument as Obama trying to extend the government's power to regulate what some consider the moral fabric of society. With just a few rhetorical shuffles, Obama's proposal could be linked to general monetary and budget extensions of power. This would be like the Republican's in the 30s arguing against the New Deal as a whole by linking it with a government proposal to force states to legalize prostitution.

The Obama administration's public hesitation towards marijuana legalization is not only understandable but, considering the impact of the current economic legislation and programs the administration is endorsing, the most pragmatic and efficient route for the moment. Legalization and decriminalization advocates should focus efforts on state-wide legalization, not nation-wide. If states are challenged in lawsuits, than the Supreme Court will be forced to rule on whether legislation criminalizing marijuana should be struck down. This is preferable to the executive putting forward a proposal to legalize marijuana from the top down. When Obama tells the country that marijuana legalization is not the path he chooses for America, he means to say that the path must first be drawn by us.

Source: Stanford Progressive (CA)
Author: Ross Raffin
Published: May 8, 2009
Contact: [email protected]
URL: The Stanford Progressive
Website: The Stanford Progressive

Galaxy Reviewed by Galaxy on 05-09-2009. Legalizing Marijuana The Federalist Way Legalizing Marijuana The Federalist Way Posted by CN Staff on May 08, 2009 at 20:35:29 PT By Ross Raffin Source: Stanford Progressive California -- Many advocates of legalizing or decriminalizing marijuana feel Obama has abandoned them. White House Chief of Staff Rahm Emanuel is a consistent warrior against decriminalization. Attorney General Eric Holder has a history of opposing drug policy reforms and considers the adult use of marijuana equivalent to public nuisance. Even Joe Rating: 5

[boaz]

Outstanding! Galaxy, you are on a roll, my friend. :greenthumb:

[zerodownhm]

Obama is only a scapegoat, he was allowed to become president in order to blame him for all the things that will change in america, you know, blame it on the black guy, that way everyone wins...

Blacks had a black president, the public gets a few things they want(like legalizing pot and some others) and the white people in power get to make more money and they don't have to let another black man on the presidency because the first one screwed up...

im high, don't pay attention to my comment...

[GrinKyle]

Don't worry, we won't

[socialistpete]

Great article, thanks!

[delusionsofNORMALity]

of course, i really didn't expect much more from the ivory tower obama apologists of the ideological black hole that is stanford, but to turn the administrations small nod to mmj into some grand gesture is beyond the pale. perhaps they have forgotten that it was the federal government that started this prohibition in the first place. perhaps they fail to understand that such governmental restrictions are an unwarranted infringement on the rights of the individual. perhaps they honestly believe that state and local governments are more apt to decide that the liberty of their citizens is more important than control over the masses.

no, i don't really believe that mr. raffin and his cohorts are really quite that obtuse. i do, however, believe that they are blinded by that disease that tends to make men think that the masses require constant guidance and supervision and that the word of government is sacrosanct (unless, of course, that government strays from the strict guidelines of socialist dogma) - you know the one.

[boaz]

I don't see any apologies in that article, or any emotion really. It is simply a discussion of tactics. I think one of the best descriptions I have read yet about the one political stategy that has ever had any success here in the US. :greenthumb:

[delusionsofNORMALity]

I don't see any apologies in that article.....

the duty of the apologist is not to apologize but to defend or prove the validity of the faith. as brak seems considered something of a messiah within the liberal establishment and his followers' fervor to be of an almost religious nature, it seems fitting that his defenders be considered practitioners of the discipline of apologetics.

[the image reaper]

Obama and gang, hasn't done shit, for marijuana consumers ... not ONE law, or regulation, has been changed ... Attorney General Eric Holder has half-assed suggested the Feds won't spend money battling state-legal marijuana users ... that's all, that's IT :wtf: ... every AG and District Attorney in America, has particular crimes that they do not spend time to prosecute ... that's NOT the same as changing the harsh laws, not even close ... stop giving any credit to these phony bastards ... I prefer a 'straight-talking enemy', to a 'two-faced friend' every time ... :smokin:

[delusionsofNORMALity]

... I prefer a 'straight-talking enemy', to a 'two-faced friend' every time ...

but that's exactly what the american people have placed in the oval office, a stereotypical two faced political hack without enough experience to hide his lies or enough class to overshadow his blunders. there is no political profit to be made by advancing the cause of legalization, so he will step away from it and snicker at those so foolish as to have believed his campaign rhetoric. his apologists will work overtime and his sightless followers will bow gladly as he tears down what little greatness this country is still capable of producing.