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09-15-2006, 01:49 AM #13
Senior Member
Absolutely Fastest Way To Legalization
I read an article, and sifted a few interesting lines out..
The thesis that I want to advance today is that the drug war and the laws that prohibit the private consumption of certain drugs are un-Constitutional. Prohibition laws, themselves, violate every tenet of limited government that is embodied in our Constitution.
To begin, let me pose a question: why was it necessary to amend the Constitution in order to prohibit the drug alcohol? And, while you are cogitating on that: how is it possible to prohibit other drugs without going through the formal amendment process? Well, I think, in order to answer these questions, it's necessary to take a look at what the Constitution is supposed to be.
I'd like to pose a hypothetical here that we can use for the purposes of analysis. Let's posit the existence of a drug that is 100% addicting and potentiates violence in its users 100% of the time. I think we'd have a very clear case of there being a compelling state interest to get itself involved in prohibiting this drug on the grounds that the state is protecting the rights of the non-users. Well, suppose we begin reducing those percentages. Let's suppose that we're talking about a drug that is 15% addictive and potentiates violence in some lesser percentage of its users. We have an empirical answer for that:
I've just described alcohol. And, just for another for instance, let's suppose that we have a drug that is 90% addictive but doesn't seem to correlate with violence at all. Again, empirically we have an answer: I've just described cigarettes.
And finally -- uh, and I think that this is the most frightening prospect in this whole thing -- consider this: if a state government can come up to you and can say, you may not pass delta-9-THC -- the principal intoxicant in marijuana - you cannot pass that across your blood-brain barrier, what is to prevent a state from saying at some point in the future, you _must_ pass drug X -- let's call it soma like in _Brave New World_ -- you must pass soma across your blood-brain barrier? I guess what I'm arguing is that the government has intruded into your biochemical and physiological brain and in principle, once the government can do this, then in principle the government can control any part of your body.
Hmm...
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