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Rep. Joe Kennedy III Is Sad that Pot Legalization Will Restrict Cops and Prosecutors

We just may have finally reached the last of the line in this fabled family.

C-SPANC-SPANDan Savage of The Stranger has flagged this awful interview of Rep. Joe Kennedy III (D-Mass.), one of those Kennedys and widely believed to be a big, big star for the Democrats in the years and decades to come. Suffice it to say that rarely has a congressman, even one blessed to belong to the most famous family in U.S. politics, been more tone-deaf and out of touch when it comes to drug policy.

In response to a question about legalizing marijuana from Vox's Ezra Klein, former prosecutor Kennedy responds:

So this one, um, this one's a tough one for me. My views are not do not exactly line up with my own state and it's something I'm struggling with.... [We] decriminalized it when I was in the court system, when I was trying cases, or shortly thereafter, if I remember the years right, in Massachusetts. When we decriminalized it it actually had a pretty big consequence for the way that Massachusetts prosecutors went about trying cases in terms of—because an odor of marijuana was, at last initially, because marijuana was an illegal substance, if you smelled it in a car, you could search a car. When it became decriminalized you couldn't do that. So that was the way that we hadn't—the base case that prosecutors used to search cars for under cover contraband, guns, knives, a whole bunch of other stuff, all of that got thrown out the window. That's not to say that's right or wrong, but that is to say that when that went through a public referendum, which is how that law was passed, I don't think anybody had [given] much though[t] to, you're actually gonna change one of the foundational principles for law enforcement that we use in our court system. [emphasis added by Savage]

Given his age (late 30s), past job, and status as the son of a former congressman and descendant of presidents and senators, Kennedy can't claim he hasn't thought about the issue. If your response at this late stage in the ongoing legalization movement is to start talking about how decriminalization made it harder for cops and prosecutors to search and convict people on non-pot-related charges, you've really got a screw loose. And as much as I'd like to, let's not get ahead of ourselves when it comes to declaring victory in the War on Pot. As Cato's Clark Neily tweeted in an unrelated conversation just yesterday, "There were more arrests for marijuana-related offenses in 2016 than for all violent crimes combined. Low-hanging, irrelevant fruit, and no cost-benefit analysis whatsoever."

Savage riffs:

Joe Kennedy III sounds like he's channeling Jefferson Beauregard Sessions III here.

What Kennedy is pining for here amounts to a stop-and-frisk program for people in cars—or a stop-and-harass-racial-minorities-in-cars program. Stop-and-frisk on sidewalks was ruled unconstitutional by the courts and has been shown to be ineffective by social scientists. And if it's not okay and not helpful to randomly stop people on the street and search their persons for no reason whatsoever, how can it be okay or helpful to randomly stop people in vehicles and search their cars for a subjective, bullshit, easily abused reason like, "Something smells funny!"?

Kennedy's stock has been rising over the past few months for at least two reasons. First, he delivered the Democratic response to Donald Trump's 2018 State of the Union address (to mixed reviews, at least in part stemming from his "drool mouth" problem that became a Twitter trend for a few days). Second, Democrats are waking up to the fact that the average age of their leading candidates for the 2020 presidential race (Joe Biden, Elizabeth Warren, Hillary Clinton, Bernie Sanders) is well north of 70.

If his answer to the question of pot legalization is any indication, Kennedy is not only out of touch with the 60 percent (and growing) of Americans who want the stuff treated basically like alcohol, he's against it for all the wrong reasons. In Colorado, which legalized recreational pot five years ago and has the most-developed tourism market, past-month use by teens is down; the rates for homicides, burglary, and robbery have declined; and homelessness in the state's biggest city is down. At the very least, we can all agree that "Marijuana Doomsday Didn't Come." Younger voters are both more likely to be in favor of legalization and skeptical of law enforcement, so Kennedy is wrong on two counts with the cohort that owns the future.

Of course, it's not as if any other Democrats, much less Republicans, are rushing toward electoral victory by openly advocating for legalization, either. The first national major-party candidate that does so will get an incredible first-to-market advantage when it comes to running for president in 2020. Yes, they will take many arrows, but those will bounce off easily enough, especially as the country continues to get more OK with legal weed. If it's a mug's game appealing the better angels of politicians' nature, then maybe we should just start appealing to their will to power.

Related: In 2015, Reason looked at how legalization was working out in Colorado. Take a look.

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  • Gaear Grimsrud||

    Jesus. What an asshole.

  • Cranedoc||

    Calling Jesus an asshole on Easter just isn't cool, man!

  • gaoxiaen||

    He should DIAF. Or from sniper fire. Or drive off of a causeway into the ocean and drown. Or get killed in a car accident while DUI.

  • gaoxiaen||

    I forgot plane crash. Please down a bottle of whiskey and a few Valiums before taking off, asshat.

  • BigChiefWahoo||

    Are you really surprised, though? For a statist, it's all about the convenience of the state and its minions. Your and my freedom is just an inconvenience to them.

  • OpenBordersLiberal-tarian||

    I'm a libertarian, so I of course want pot legalized. However I cannot agree with this part.

    Second, Democrats are waking up to the fact that the average age of their leading candidates for the 2020 presidential race (Joe Biden, Elizabeth Warren, Hillary Clinton, Bernie Sanders) is well north of 70.

    It's simply not accurate that Democrats have no exciting younger presidential hopefuls for 2020. What about Kamala Harris? Or Kirsten Gillibrand? Either of them would crush Drumpf or whoever the GOP nominates in 2020.

  • MatthewSlyfield||

    How do a couple of Democratic presidential wishful thinkers who have almost zero chance of winning the Democratic presidential nomination count as leading candidates?

    How well you think they would do against the opposing party's nominee isn't relevant if they can't win the nomination.

  • OpenBordersLiberal-tarian||

    I'm not positive Harris or Gillibrand (or Booker, forgot to mention him) will get the nomination, but I don't think their chances are substantially weaker than the others. Let's go through them one by one.

    Biden — Not going to happen. An elderly straight white cis-male won't coast to the Dem nomination on name recognition alone, and that's really all he has. Today's Democratic Party is too conscious of diversity issues for that to happen. (That's a good thing.)

    Warren — She has the best chance of the four.

    Clinton — I voted for her in 2016 and would love to do so again in 2020, but hasn't she said she won't run again?

    Sanders — See Biden. He energized a lot of young people in 2016, but many Democrats are still angry he didn't concede earlier.

  • LarryA||

    You're evaluating the geriatric four on the basis of whether they would make good candidates.

    DNC will be looking at how much money they can raise, how many super-delegates they already control, and how many buried skeletons they know about. See Clinton's stick-it-to-Bernie campaign in 2016.

    If Clinton can stay out of the hospital, she's still on top of the power-base.
    hasn't she said she won't run again? Everything I've seen says she's already running.

    Warren is Clinton's alternate, because female, and if Clinton fails physically she may endorse Warren.

    Saunders isn't deep-Democrat connected, but this time he'll be ready for dirty tricks. FWIW, I think he would have won over Trump.

    Biden? I agree, but not because of "diversity." It's that no one takes him seriously.

  • Emotional Opposition Animal||

    I don't see how Clinton can possibly get the nomination again. Even Dems consider her poison at this point. Biden, Warren, and Sanders will be older in 2020 than Clinton was in 2016 and don't have her machine to back them. Unlikely.

    DNC is going to be under heavy scrutiny so they won't be able to rig the election this time. If I had to bet it would be a minority and preferably a woman. So I would bet on Harris or Booker. Booker has a school choice skeleton in his closet so I would lean toward Harris. But, it's a long time away.

    And you're crazy if you think Trump is getting the GOP nom in 2020. He's betrayed his base over and over and the party establishment hates him more than ever. Hard to say who emerges from the GOP as there has been near continuous upheaval in the party since 2009.

  • Paloma||

    Don't rule out Michelle Obama. Dems are sentimental about the Obamas and had they been able to run him a third time, would have.

  • Get lit||

    I would nominate Ellen. She's nice, smart and as qualified as any of them when you consider her business and performance experience. I think she would easily beat whatever sociopath the Republicans nominate.

  • Curly4||

    Michelle Obama maybe able to do what Hillary Clinton has not been able to do. Hillary could not get the presidency after Bill but Michelle will be able to get the presidency after Barack even if she has to wait till 2024.

  • Nardz||

    They spent the first 6-8 months of 2017 giving Booker tryout after tryout, and he managed to bomb every single time(a year or more of grooming going back to the 2016 DNC "love Trumps hate" speech - that was the first time I laughed at him, but not the last). They finally had to put the kibosh on Booker and started the whole pharma stooge sentiment.
    Looks like Biden is their plan B at this point.
    Sad.

  • gaoxiaen||

    Run? I don't think Hillary can walk.

  • AlgerHiss||

    Mercy, the DNC sure loves old white folk.

  • Mezzanine||

    It would also appear they love losing elections, between the PC police and idiots like Pelosi, Schumer and this moron.

  • TGoodchild||

    Excellent trolling, really - just a whiff of sarcasm.

  • Emotional Opposition Animal||

    You must have a bad cold.

  • Cranedoc||

    Kamala has gone full retard with her race baiting and SJW feminazi silliness, in addition to being a straight forward communist. On issues alone, she's poison to 75% of the country, and would seriously energize the conservative base against her. We'd all be forced to vote Trump again rather than someone better.

  • Occam's Woodchipper||

    And therein lies the rub: 2020 may well see another Trump victory unless the DP can nominate an accessible, moderate-left candidate that people actually want to pull the lever for. Harris, Booker, and Sanders would all get pancaked.

  • Earth Skeptic||

    Ah, the Kennedy clan. Crony capitalists, skirt chasers (and worse), and consummate bullshit artists, at least until this 4th generation dweeb. Does anyone believe Joe III would have achieved any political success without the brand name? And does anyone believe we need more Kennedys in public office?

  • Red Tony||

    The Kennedys do.

    Also, this fuck's from Massachusetts. Massachusetts is the worst aspects of socons and progs bundled together into a huge fuckfest.

  • Imissbuckley||

    Meh, Massachusetts isn't that bad. They're terrible on economics, but they get some stuff right on civil liberties and the Drug War (as described by the article).

    What you're describing sounds more like New York which truly is the worst state on both economics and civil liberties.

    www.freedominthe50states.org/overall//new-york

  • Robert||

    You never heard of "banned in Boston"? Then again, maybe that saying's outdated.

  • gaoxiaen||

    Vote for a former prosecutor? Ain't gonna happen. He belongs in prison, like all perjuring scumbag prosecutors.

  • BlueStarDragon||

    What's funny is I live in Colorado and all the politicians and cops keep telling us is how crime has gone up since we legalize it. It is amazing how no matter which of the major party we have running they are nowhere near in touch with the voters out here. It's like going to a dating site and only be given people who you only have 5% in common with to date.

  • Cyto||

    At the very least, we can all agree that "Marijuana Doomsday Didn't Come."

    I picked up on the same thing.

    There are plenty of politicians and their surrogates running around on national TV telling us that legalization is an utter failure and a disaster. The most frequent one I hear from Colorado is that marijuana related car crashes are increasing at a terrifying rate. (meaning that they now test for THC markers and if someone involved in an accident has smoked pot in the last couple of weeks, the accident is now pot-related. Even if they are at double the legal limit for alcohol. )

    The other talking heads rarely even try to refute such claims.

    It is just a commonly known fact. Pot legalization has lead to a driving-while-high doomsday scenario.

  • Ken Shultz||

    I noticed they made a movie about Chappaquiddick.

    https://www.youtube.com/watch?v=qG-c8DtOm9g

    My favorite Kennedy story is the Ballad of Michael Kennedy.

    Dude is under investigation for statutory rape (he was boinking the babysitter), but the victim refused to testify against him. He maintained that he didn't start boinking her until she was 16, which was legal in Massachusetts at the time.

    He was almost 40.

    After checking himself out of rehab for alcoholism, he died while playing football on skis. Somebody said, "Go long, Mikey!", and he took a header into a tree.

    http://en.wikipedia.org/wiki/M.....ne_Kennedy

    There's nothing hilarious about any of that . . . just like there's nothing hilarious about John John running out of fuel over the ocean.

  • Don't look at me.||

    Sure there is. Did you know he didn't take a shower that morning? He figured he would just wash up on the beach.

  • Scarecrow Repair & Chippering||

    +1

  • Ken Shultz||

    You could take the Aristocrats joke, use only things that the Kennedys have actually done, and at the end, the punchline would be "The Kennedys" instead, and it would be hilarious.

  • AlgerHiss||

    "John John running out of fuel over the ocean."

    Oh no you don't: That little enema bag crashed because he flew into conditions he should have never gone into. He was a stupid, horrible unskilled pilot that murdered those passengers.

  • Scarecrow Repair & Chippering||

    Just following Ted's example. And the government did too.

  • markm23||

    JFK Jr. didn't run out of fuel, nor did he lose control or suffer any mechanical breakdown. He flew in IFR conditions even though he wasn't fully trained on IFR flight, became disoriented, and flew the airplane into the water. If he hadn't taken two other lives with him, I'd think of it as evolution in action.

  • Emotional Opposition Animal||

    Never get in a vehicle or sporting implement controlled by a Kennedy if you're going over water. Whether liquid or frozen.

  • Ken Shultz||

    Working theory:

    It's okay to lambaste the Kennedys for their non-assassination tragedies for two reasons:

    1) They're hilarious.

    2) They and their assassination related tragedies were used by the left to force legislation on us.

    It was like Karma got mad at them for putting "never let a tragedy go to waste" logic to good use, and Karma got Fortuna to hand them a never-ending series of stupid tragedies--to lay waste to their family--in revenge.

    Camelot?

    How 'bout Hubris?

  • IceTrey||

    I believe he fly into the ocean due to spatial disorientation.

  • gaoxiaen||

    Not laughing, only thankful.

  • MikeP2||

    For goodness sake, cut him some slack. You cant expect the priviledged spawn of the aristocracy, who is only in politics as a tool to leverage his family's name, to actually understand the issues. That is just unfair, and if it was an msnbc interview or ideally cnn his questions and responses would have been carefully crafted to project the tailored message best suited for the masses. Off guard like that on cspan? Come on, thats not how the game is played.

    Whats next? Expecting hillary to be sober?

  • Fist of Etiquette||

    I don't think anybody had [given] much though[t] to, you're actually gonna change one of the foundational principles for law enforcement that we use in our court system.

    Won't someone please think of the future governors, legislators and attorneys general??? What's the use of being a prosecutor if you can't build your resume to higher office?

  • gaoxiaen||

    Trudat, unfortunately. Prosecutors are the lowest of the low. Worse than a toothless, HIV-infected crack ho.

  • Robert||

    The first national major-party candidate that does so will get an incredible first-to-market advantage when it comes to running for president in 2020. Yes, they will take many arrows, but those will bounce off easily enough, especially as the country continues to get more OK with legal weed.


    They'll get no such advantage, because the country continues that way. Legaliz'n is happening w/o leading politicians being for it. They'll run vs. it, then vote for it. There are practically no popular votes out there for candidates for legaliz'n, but there are always some popular votes for candidates vs. it. There aren't many voters who'd make that issue a priority in voting for or vs. candidates, but of those few who would, they're overwhelmingly anti.

  • Emotional Opposition Animal||

    There are plenty of voters who are for legalizing weed and would use that as a discriminating factor among similar candidates. Not saying that Ted Cruz would get the stoner vote if he came out in favor, but among Kamala Harris and Liz Warren and Cory Booker it could be a discriminator.

    However, there is a LOT of money made by MJ being illegal, in the prison-industrial complex, rehabilitation, the court system, etc. So you'd be giving up a lot of campaign contributions.

  • marshaul||

    There aren't many voters who'd make that issue a priority in voting for or vs. candidates, but of those few who would, they're overwhelmingly anti.

    Holy projection Batman!

  • Sebastian Cremmington||

    Republicans/Deplorables I have engaged in discourse with tend to agree with Kennedy with respect to searching black people. So a police shooting in NC was initiated by a cop seeing a tiny hand rolled cigarette and a gun. In NC obviously both guns and tobacco are legal but all of the Republicans I discussed this said that the cop was correct to assume the cigarette was marijuana and that it was illegal for the guy to possess the gun because he was black.

    Also in Zimmerman case Republicans/Deplorables believed the fact Trayvon Martin took a photo of himself with a gun it meant he was a criminal because they believe black people with guns are criminals.

  • ||

    Comment unrelated to the article. No mention of Kennedy in it. Deflect blame to Republicans. Call them deplorable. Talk about unrelated police brutality issue. Your troll game is strong. You are approaching PhD level!

  • Sebastian Cremmington||

    Trump supporters like being called "Deplorables".

    My point is Republicans are not necessarily your allies with regard to civil liberties. I considered myself a Tea Party supporter until I began feeling the racist element was too big and the fact many embraced the Birther Trump is a sad end to a movement I initially believed was positive. So I obviously oppose BLM but the Deplorables that "knee jerk" supported people that killed black men under dubious circumstances are just as bad.

  • MarkLastname||

    Ok then.

  • Francisco d'Anconia||

    "There were more arrests for marijuana-related offenses in 2016 than for all violent crimes combined. Low-hanging, irrelevant fruit, and no cost-benefit analysis whatsoever."

    Talk about a jobs program.

    Investigating real crime (with victims) is hard.

    Busting some kid on the corner with a joint is easy, with the added benefit of taking a respectable citizen and giving him a criminal record so he'll never be able to obtain a "legitimate" (yeah, I know) job and making him all the more likely to make a living violating the rights of others. Requiring, of course, more cops who investigate more victimless crimes instead of real crimes (because it's easy)...

    A self-licking ice cream cone

  • ||

    Gotta boost the stats!

  • gaoxiaen||

    Quotas uber alles.

  • Aloysious||

    A Kennedy + drug warrior.

    yuck.

  • ThomasD||

    What part of statist did you not get?

    What Pleather Jacket sees in that family is Oedipal.

  • AlgerHiss||

    "has flagged this awful interview of Rep. Joe Kennedy III (D-Mass.), "

    I don't think this interview is awful at all: This interview exposes the always present awfulness of a Kennedy.

    That family is the curse of humanity. May all of them live a horrible, sad, pathetic life filled with pain, misery and regret.

  • Emotional Opposition Animal||

    From the state that gave us John Kerry, Barney Frank, William Weld, and Mike Dukakis. Even John Adams signed the Alien and Sedition Act. Does anything political come out of Massachusetts that isn't shit?

    Romney was all right but they don't get credit for him because he was a carpetbagger.

  • Robert||

    Coolidge. Sam Adams.

  • Earth Skeptic||

    You mean the brewery?

  • gaoxiaen||

    The Boston Tea Party.

  • ThomasD||

    A family empire built by exploiting the statism of prohibition will never be otherwise.

  • gaoxiaen||

    +1 shot of tequila

  • Ranter||

    A Kennedy being stupid? Not really all that newsworthy.

    The funny part of Savage's takedown is that he STILL can't bring himself to stop genuflecting to Obama. The very same president who ramped up pot enforcement on all those reefer-crazed cancer patients.

  • Emotional Opposition Animal||

    He looks inbred. Are the Kennedys doing the Targaryen thing now?

  • SQRLSY One||

    He IS inbred, actually. The thing is, the Kennedys are getting tired of mostly fucking themselves, and they want to get back into the business of fucking the public at large! Bend over and get ready!

  • No Longer Amused||

    Proof that a Kennedy, when not corrupt, complicit in a cover-up, rigging elections, letting people drown in their car, or cheating at Harvard, will at least be dumb as a rock.

  • spanky & alfalfa||

    your comment shows the rock hardness of your own intelligence.

  • BigT||

    Ya know, we need, ya know, Caroline, ya know.

  • TWW||

    What people don't realize is that the legalization of pot closed a loophole around the 5th and 14th Amendments.

  • Emotional Opposition Animal||

    Wow. He has a twin brother Matthew who "stays a little more behind the scenes in the political world" and "makes sure Joe has fun".

    Sounds like a Dave type arrangement where one pretends to be the other at public events, while the other is fucking whores, but I can't imagine the Kennedys doing that.

  • Sebastian Cremmington||

    They are not identical twins.

  • Emotional Opposition Animal||

    Well, it was a good theory, whether it fit the facts or not.

  • Earth Skeptic||

    Maybe they are dumb (or arrogant) enough to try it anyway.

  • Emotional Opposition Animal||

    forgot the link for those quotes. Unfortunately the rotten site doesn't know how to use anchors so you'll have to search for his blurb.

  • gormadoc||

    Are you claiming that a Kennedy likes heavy-handed policing and law enforcement? At least this one doesn't have the president's sanction to do whatever the hell he wants.

  • spanky & alfalfa||

    nobody "owns the future." - not law enforcement nor the citizenry, it belongs to everybody. i don't give a shit what cohort they belong to. and i don't actually think they believe they do either, but your point is well taken.

  • Emotional Opposition Animal||

    In Soviet Russia, future own you!

  • marshaul||

    The cohort in question is young people, who do "own the future" insofar as some of them will be alive while the rest of us are dead.

    Try reading comprehension for a change.

  • Rich||

    he delivered the Democratic response to Donald Trump's 2018 State of the Union address (to mixed reviews, at least in part stemming from his "drool mouth" problem that became a Twitter trend for a few days).

    His propensity ... for speaking ... in short blurts ... was ... quite obnoxious.

  • gaoxiaen||

    Along with his opinions and personality. However, I would maybe vote for him as dogcatcher.

  • gaoxiaen||

    And Lee Harvey Oswald as his assistant.

  • I'm Not Sure||

    "because marijuana was an illegal substance, if you smelled it in a car, you could search a car.

    I think he meant to say...

    "because marijuana was an illegal substance, if you say you smelled it in a car, you could search a car."

  • IceTrey||

    It's still illegal to drive stoned so while you won't get busted for the weed you'll get a DUI. It will basically be treated like alcohol.

  • chemjeff||

    because marijuana was an illegal substance, if you smelled it in a car, you could search a car. When it became decriminalized you couldn't do that. So that was the way that we hadn't—the base case that prosecutors used to search cars for under cover contraband, guns, knives, a whole bunch of other stuff, all of that got thrown out the window.

    Which just proves that the only gateway that marijuana served as was as a gateway for cops to shred the rest of your rights.

  • HeteroPatriarch||

    The last 8 words of this headline are unnecessary.

  • John C. Randolph||

    You misspelled "persecutors".

    -jcr

  • C. S. P. Schofield||

    JFK seems to have been moderately intelligent, even if he used it mainly to find new pussy. Bobby may actually have been brighter. Every other member of the family has, based on their public behavior, been dumb as so many toadstools. The Democrats' continuing fascination with this family of bog-Irish mammy jammers shows their general intellectual bankruptcy.

  • tlapp||

    Democrats have always been the big government party but had the redeeming quality of defending civil liberties. That went out the window for good when they renewed the Patriot Act as is when they controlled all 3 branches of government. This is just more proof.

  • Widhalm19||

    Contemporary Libertarianism: Pot, Pot, Pot, Surveillance State, Pot, Pot, Pot, Private Property Rights, Pot, Pot, Pot, Bill Of Rights, Pot, Pot, Pot .... Pot.

  • Sevo||

    IOWs, concern about the reach of government? Is that your point?

  • gaoxiaen||

    Lee Harvey Oswald was an underachiever.

  • gormadoc||

    If you look at the front page of Reason, only this story has to do with pot. Unless you count hemp, which you shouldn't.

  • NoVaNick||

    Curious when you consider his family's long association with booze-going back to grandpa Joe's bootlegging. Perhaps this is the reason why he and the other former congressman Kennedy (Patrick) are so anti-pot. It would cut into the family business...

  • JMPo'lock||

    Makes ZERO sense. Cops can smell alcohol too, and I can verify that that can trigger a car search, and or detainment as well. Even if legalized, one can't drive under the influence bonehead! FAIL

    (I still like most of his other positions though)

  • Devastator||

    Cops can search whenever they want with all the gray areas of the law about being pulled over. the only thing that can save you is a damn good lawyer. The legal system (notice I didn't say justice system) is rotten from the bottom up.

  • Jayburd||

    A good cop can smell a broken headlight.

  • Devastator||

    If the foundation of your illegal searches is full of shit then your whole foundation is full cracks and needs to be tossed and you need to get a new foundation, Jack.

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