Here now. I'll eventually pull some of my other replies/arguments from the other thread, so as not to recreate the wheel.
Until then, I'll start small/simple.
Even though I don't think it's logical
(Footnote1), I would have little/no problem with controlled substances (e.g. marijuana) being prohibited by law....... at the state level. I wouldn't think it the smartest thing to do, but until I'm dictator, I don't get to decide for the entire state based upon what I think is the smartest thing to do.
I understand there are differences, both chemically and [therefore in how they affect the human body] physiologically, between [for example] marijuana and crack. I'm not saying that legalizing so-called "hard drugs" like [again, for example] crack would be the best/smartest thing to do. I'm also not [even] saying that legalizing what I refer to as [in contrast] "soft drugs" (e.g. marijuana, mescaline, peyote) would be the smartest thing to do.
I just "have a problem" with the complete federal prohibition of these drugs.
I firmly believe that Gonzales v. Raich was wrongly-decided. What is your opinion on this case?
Let's just say that I am [to put it
very nicely] not the biggest fan of Sandra Day O'Connor. So, for me to agree with her dissent in G v R should really tell people something. Namely that, despite my [again, to put it nicely] intense dislike of [former] Justice O'Connor, I agree completely with her logic in the case (predicated largely upon Justice Brandeis' dissent in New State Ice Co.).
To wit:
Federalism promotes innovation by allowing for the possibility that “a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. |
Concluding with:
Relying on Congress’ abstract assertions, the Court has endorsed making it a federal crime to grow small amounts of marijuana in one’s own home for one’s own medicinal use. This overreaching stifles an express choice by some States, concerned for the lives and liberties of their people, to regulate medical marijuana differently. If I were a California citizen, I would not have voted for the medical marijuana ballot initiative; if I were a California legislator I would not have supported the Compassionate Use Act. But whatever the wisdom of California’s experiment with medical marijuana, the federalism principles that have driven our Commerce Clause cases require that room for experiment be protected in this case. |
^
(emphasis not in original)
Speaking to the refutation of the "victimless crimes" moniker by many here in the BOTS forum, I offer this: There are sufficient remedies at law.
The actual act of "sparking up" some weed (for example) is victimless in the logical sense of the word, not to mention in the legal sense (
definitely from a criminal perspective; if you'd like, we can argue the civil perspective separately).
However, if smoking a rock "causes" someone to plow [or, has the end result of someone plowing] through a crowded market/parade/gathering, there exist sufficient remedies at law for that, too, as there are a whole slew of criminal charges that could be filed, if applicable, and depending on the laws of the state:
vehicular homicide, vehicular murder, attempted murder, manslaughter, attempted manslaughter, driving under the influence, failure to control speed, failure to stop and render aid, etc, etc, etc.
Have you ever seen anyone prosecuted for deaths/injuries pursuant to a drunk driving incident? Those same (or similar) charges should get us started on the list of these "sufficient remedies at law".
And if a state isn't willing to live with the cost, the so-called collateral damage of its experiment with previously-controlled substances........ the state in question can outlaw/regulate them, to the extent that state deems prudent.
The long and short of it is: the present state of affairs with regard to our controlled substances paradigm is indefensible.
1. for example, to regulate marijuana more strictly than alcohol, tobacco, or some OTC drugs