Monday, October 25, 2010

This Conservatives view on Prop 19



Legalization of Marijuana which is on the ballot in California this November has a very good chance of actually passing. I am sure there will be some legal hurtles to jump but it most likely will be available to the general public by next summer. What does this mean for the rest of the nation and how does this conservative feel about this biggest change in drug laws since the end of prohibition.

I have a libertarian ilk in me that wants government out of our lives. Yet I know there are many areas that a government body needs to protect, namely protection of our property. The very reason why we broke away from England was because of a lack of property rights for the colonist. Until just a few years ago, this was not even an issue, however, courts began to agree with local and state government bodies that condemning property for the “greater good” under eminent domain includes for tax purposes. This and other examples are why we should not trust any level of government and should always challenge their logic.

Other areas I believe the government has a right to regulate are ones in which it is difficult for the general population to be an expert in, yet are necessary for our well being, such as pharmaceutical items and the medical industry as a whole. I cannot know the effects of drugs on my body nor do I have the time to investigate most drugs, so I rely on a government agency to regulate the industry. Monopolies in energy, electronics or any industry that is necessary to life, liberty or the pursuit of happiness can be shown to have a need for governmental oversight.

Marijuana is a controlled substance according to federal laws; however, states have used different sets of rules regarding its use. In 14 states there is a maximum amount you can have on you as “personal use” without being arrested, these are different from federal laws however, and it would be very difficult to enforce such small amounts (typically under 2oz). I whole heartedly believe that state laws should trump federal laws when it comes to rights not found in the constitution or its amendments.

According to the UN, about 4% of adults admit to using Marijuana annually, however, that number is probably higher in the US as 42% of adults claim to have used it at some point in their lives. This ranks second to Canada and I found the list of top users interesting, in 3rd is New Zealand followed by Denmark, France and Great Britain. The interesting part is that they are all industrialized, “white” majority populations, I’m not sure what it means but of interest none the less.

The theory of Marijuana being a “Gateway” drug has some validity in that almost anyone who has used harder drugs probably used Marijuana first. Much like alcoholics most likely started with beer as their “gateway” to the other liquors. This is why no one gets truly upset the first time someone drinks a beer but it is still regulated the same as all other alcohols.

To the point:

I believe Marijuana should be kept illegal in any amount for those under 18, Prop 19 allows for only over 21, but again these laws are inconsistent with most laws, either 18 is the “age or majority” or it is not. It is okay for parents to be hypocrites and tell their kids they didn’t do it and neither should they (the kids). For those over 18, a small amount (1 oz or less) should be legal for personal use. This should be sold through much regulated stores, perhaps state ran stores, and not grown in your home or farm. We do not allow bathtub gin to be bottled and sold because it cannot be regulated or taxed. I know and believe that this will continue to create a market which brings the drug up from Mexico and other Central and South America countries but that is why we need to regulate our borders through a fence and better immigration laws (for another blog)

All laws were Marijuana use is found to have influenced a person’s decisions should be the same as under the influence of alcohol. Heavy fines, jail and loss of driving privileges must be part of the punishment for abusing its use. Employers can mandate its employees to not use Marijuana while at work, like other controlled substances, with exceptions for doctor prescriptions.

The irony here is that the very progressives that would sponsor such legislation will later criticize and segregate Marijuana smokers for the same reasons they go after tobacco smokers, pollution (global warming), health issues and taxation.

I am completely satisfied with the current laws in Iowa and if it is never legalized I will be happy with that decision too. Any substance that alters your mind can potentially be harmful to you and should be avoided.

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