A Blue-Ribbon Panel, If We're Lucky
Jacob Sullum | December 26, 2008, 1:08pm
A couple of weeks ago, the Obama-Biden transition team's website solicited policy questions from the public. Over two days, the site "processed over 600,000 votes from more than 10,000 people on more than 7,300 questions," and this was the top question:
Will you consider legalizing marijuana so that the government can regulate it, tax it, put age limits on it, and create millions of new jobs and create a billion dollar industry right here in the U.S.?
Obama's terse answer:
President-elect Obama is not in favor of the legalization of marijuana.
Not even the most optimistic reformer would have expected Obama to endorse legalization, or even to say that pot smokers should not be arrested. But it's noteworthy that he did not take the opportunity to reiterate his promise to call off the DEA's medical marijuana raids or his opposition to imprisoning first-time, nonviolent drug offenders. He evidently felt he could not afford to throw even the tiniest bone to critics of the war on drugs.
Despite Obama's discouraging response, and despite the prominence of unreconstructed drug warriors on his team, Esquire columnist John Richardson seems pretty optimistic about the prospects for reform under the new administration. I find his evidence unpersuasive. I'm not impressed by the fact that the billionaires George Soros, Peter Lewis, and John Sperling, who are major supporters of drug policy reform, backed Obama (and Democrats generally). They support the Democrats for various reasons, and I doubt Obama's drug policy proclivities were foremost in their minds.
The fact that Marsha Rosenbaum left her job as director of the Drug Policy Alliance's West Coast office to raise money for Obama is more encouraging, but it sounds like she's been getting a cold shoulder from the transition team when she tries to find out whom Obama might pick for drug czar. All the contenders Richardson mentions are hard-line prohibitionists. "He [Obama] said at one point that he's not going to use any political capital with this [drug policy reform]," Rosenbaum tells Richardson. "That's a concern." You think? Rosenbaum's big hope for the Obama administration is pretty depressing:
I'm hoping that what the administration will do is something this country hasn't done since 1971, which is to undertake a presidential commission to look at drug policy, convene a group of blue-ribbon experts to look at the issue, and make recommendations.
The last time around, the National Commission on Marihuana and Drug Abuse, a.k.a. the Shafer Commission, offered a set of enlightened suggestions, among them that possession and nonprofit transfers of marijuana in small quanitities for personal use should no longer be treated as a crime. The Nixon administration ignored the commission's report. Last year a record 873,000 Americans were arrested for marijuana offenses, the vast majority for simple possession.
Shortly after the election, I suggested that drug policy reformers should brace themselves for disappointment.
Warren | December 26, 2008, 7:35pm | #
And the world looks just the same
And history ain't changed
'Cause the banners, they all flown in the last war
I'll tip my hat to the new constitution
Take a bow for the new revolution
Smile and grin at the change all around me
Pick up my guitar and play
Just like yesterday
No, no!
I'll move myself and my family aside
If we happen to be left half alive
I'll get all my papers and smile at the sky
For I know that the hypnotized never lie
Do ya?
YAAAAAAAAAAAAAAAAAH!
There's nothing in the street
Looks any different to me
And the slogans are replaced, by-the-bye
And the parting on the left
Is now the parting on the right
And the beards have all grown longer overnight
I'll tip my hat to the new constitution
Take a bow for the new revolution
Smile and grin at the change all around me
Pick up my guitar and play
Just like yesterday
Then I'll get on my knees and pray
We don't get fooled again
Don't get fooled again
No, no!
YAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAH!
Meet the new boss!
Same as the old boss!
Bob | December 28, 2008, 12:24pm | #
Yes, it does seem that many practices that were illegal because they were thought of as wicked in some way or other make a quick transition after legaliz'n to subsidy -- mostly because the way they become legal is to convince society that there are benefits to the practice. It's hard to prove slippery slope is at all a factor because the changes are all part of the same current.
Abortion and birth control are considered medical, and to the extent that medical practice is subsidized, so are they. Hitchhiking was illegal in many places, and it became legal as a result of the oil embargos, and now forms of hitchhiking ("car pooling") are subsidized or otherwise favored by gov't policy.
If marijuana is legalized, there's a very good chance that the argument for doing so will largely be one of societal benefits to consuming cannabis, probably as medicine (and probably not in the form of inhaling smoke), so, yes, there's a good chance it would then be subsidized. This would not be, or not be
much a product of a slippery slope effect from its being legalized, but rather that both its legaliz'n and its subsidy will be a result of its being seen as having societal benefits.
Fortunately that hasn't been the case with guns. There hasn't been a serious revival of militia obligations with the passage of "shall issue" legislation. Perhaps DC will be the place where that will happen. If the powers that be there want to discourage gun possession any way that can survive in court, it may be by conditioning it on a militia training and service requirement.
*************
Meanwhile, some drug reformers are on board with the blue ribbon panel idea thinking (or hoping) that it will provide cover for a confidentially pro-legaliz'n admin. These reformers realize what happened in the past, but they think that such a contemporary commission may be a necessary, though not sufficient, condition for legaliz'n. They figure either Obama's for it, or he's not. If he's not, the commission does no harm even though nothing results. If he's secretly for it, then he might need a commission to provide an excuse for such action. The results of previous commissions would not do, because they were already known when Obama came in, so he needs to inaugurate a new commission to prove he didn't come in with that idea himself.
Makes sense to me. How could another commission hurt?