Two Democratic Congressmen Propose Bills To Legalize Marijuana At Federal Level

It is probably only a matter of time until marijuana prohibition ends. Like gay marriage, we will reach a tipping point where conservative opposition loses its impact. Also, like marriage equality, the majority of Democratic politicians will probably lag behind the country in openly adopting more liberal views, but two House Democrats have introduced bills to end marijuana prohibition. Sam Stein reports:

Two congressmen filed separate House bills on Friday that together would legalize, regulate and tax marijuana at the federal level, effectively ending the U.S. government’s decades long prohibition of the plant.

Rep. Jared Polis (D-Colo.) introduced the Regulate Marijuana Like Alcohol Act, which would remove marijuana from the Controlled Substances Act’s schedules, transfer oversight of the substance from the Drug Enforcement Administration over to the Bureau of Alcohol, Tobacco, Firearms and Explosives, and regulate marijuana in a way similar to how alcohol is currently regulated in the U.S.

Rep. Earl Blumenauer (D-Ore.) introduced the Marijuana Tax Revenue Act, which would set up a federal excise tax for regulated marijuana.

The bills would not force states to legalize marijuana, but a federal regulatory framework would be in place for those states that do decide to legalize it. To date, four states and the District of Columbia have legalized recreational marijuana (however, D.C.’s model continues to ban sales), 23 states have legalized marijuana for medical purposes and 11 other states have legalized the limited use of low-THC forms of marijuana for medical use.

During the Bush administration, the federal government would often raid medical marijuana facilities which were legal in the states the states where they were legal, and the Obama administration was slow to turn this around. With Obama going to be out of office in a couple of years, it is becoming more important to change federal law. Hillary Clinton has been to the right of most Democrats on this (as well as most other issues) and we cannot trust either Clinton or her likely Republican opponent to continue the liberalization finally seen under Obama. While unlikely to be accomplished in the current Congress, it would be preferable to take this issue out of the hands of either Clinton or a future Republican president.

Last year The New York Times argued for legalization of marijuana. Jeffrey Miron discussed the case for marijuana legalization in op-ed at CNN:

Marijuana legalization is a policy no-brainer. Any society that professes to value liberty should leave adults free to consume marijuana.

Moreover, the evidence from states and countries that have decriminalized or medicalized marijuana suggests that policy plays a modest role in limiting use. And while marijuana can harm the user or others when consumed inappropriately, the same applies to many legal goods such as alcohol, tobacco, excessive eating or driving a car.

Recent evidence from Colorado confirms that marijuana’s legal status has minimal impact on marijuana use or the harms allegedly caused by use. Since commercialization of medical marijuana in 2009, and since legalization in 2012, marijuana use, crime, traffic accidents, education and health outcomes have all followed their pre-existing trends rather than increasing or decreasing after policy liberalized…

Federal law still prohibits marijuana, and existing jurisprudence (Gonzales v. Raich 2005) holds that federal law trumps state law when it comes to marijuana prohibition. So far, the federal government has mostly taken a hands-off approach to state medicalizations and legalizations, but in January 2017, the country will have a new president. That person could order the attorney general to enforce federal prohibition regardless of state law.

As long as marijuana is illegal at the federal level we will continue to have many of the adverse consequences of prohibition, including inhibiting the use of medical marijuana. This includes states where medical marijuana is legal under state law. Besides the previous problems of DEA raids, having medical marijuana illegal under federal law makes many physicians unwilling to treat patients who are legally using medical marijuana under state law.

I have seen many individuals who are taking medical marijuana legally under state law discharged from pain clinics which outright refuse to treat anyone using medical marijuana. This is both due to fears of violating federal law and due to personal biases.  I received a consult letter just last month from a pain specialist who opposed giving pain medications to a patient who was using medical marijuana, making arguments which are contradictory to the medical literature which demonstrates that using marijuana as part of a pain management regimen results in decreased opioid use and a decreased risk of overdoses.

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Benefits From Decreased Arrests By New York Police

Police have come under increased criticism lately, from increased concerns over killings of minorities, sometimes in response to petty offenses, to abuse of police powers to raise money. This creates difficult problems to solve. Virtually nobody questions the need to have police, but there is no simple solution to stopping the excessive use of police power. In some cases the solution would be the repeal of laws along with reforms of practices. There has been an unexpected improvement in some areas in New York as a consequence of the dispute between Mayor Mayor Bill de Blasio and the police following the police killing of Eric Garner and the subsequent murder of two police officers. The New York Post has reported a 66 percent drop in arrests:

Citations for traffic violations fell by 94 percent, from 10,069 to 587, during that time frame.

Summonses for low-level offenses like public drinking and urination also plunged 94 percent — from 4,831 to 300.

Even parking violations are way down, dropping by 92 percent, from 14,699 to 1,241.

Drug arrests by cops assigned to the NYPD’s Organized Crime Control Bureau — which are part of the overall number — dropped by 84 percent, from 382 to 63.

The Atlantic discussed the benefits of this reduction in police activity:

Policing quality doesn’t necessarily increase with policing quantity, as New York’s experience with stop-and-frisk demonstrated. Former Mayor Michael Bloomberg asserted that the controversial tactic of warrantless street searches “keeps New York City safe.” De Blasio ended the program soon after succeeding him, citing its discriminatory impact on black and Hispanic residents. Stop-and-frisk incidents plunged from 685,724 stops in 2011 to just 38,456 in the first three-quarters of 2014 as a result. If stop-and-frisk had caused the ongoing decline in New York’s crime rate, its near-absence would logically halt or even reverse that trend. But the city seems to be doing just fine without it: Crime rates are currently at two-decade lows, with homicide down 7 percent and robberies down 14 percent since 2013.

The slowdown also challenges the fundamental tenets of broken-windows policing, a controversial strategy championed by NYPD Commissioner Bill Bratton. According to the theory, which first came to prominence in a 1982 article in The Atlantic, “quality-of-life” crimes like vandalism and vagrancy help normalize criminal behavior in neighborhoods and precede more violent offenses. Tackling these low-level offenses therefore helps prevent future ones. The theory’s critics dispute its effectiveness and contend that broken-windows policing simply criminalizes the young, the poor, and the homeless.

Public drinking and urination may be unseemly, but they’re hardly threats to life, liberty, or public order. (The Post also noted a decline in drug arrests, but their comparison of 2013 and 2014 rates is misleading. The mayor’s office announced in November that police would stop making arrests for low-level marijuana possession and issue tickets instead. Even before the slowdown began, marijuana-related arrests had declined by 61 percent.) If the NYPD can safely cut arrests by two-thirds, why haven’t they done it before?

The human implications of this question are immense. Fewer arrests for minor crimes logically means fewer people behind bars for minor crimes. Poorer would-be defendants benefit the most; three-quarters of those sitting in New York jails are only there because they can’t afford bail. Fewer New Yorkers will also be sent to Rikers Island, where endemic brutality against inmates has led to resignations, arrests, and an imminent federal civil-rights intervention over the past six months. A brush with the American criminal-justice system can be toxic for someone’s socioeconomic and physical health.

Addicting Info looked at this from a more civil liberties persecutive:

Our prison population is now larger than those of the Soviet Union’s infamous Gulags, and the largest prison system in history.

The statistics speak for themselves, revealing that the New York Police Department has been needlessly arresting people who were not criminals at all. Rather than bolstering their case, the NYPD has instead given Mayor Bill de Blasio proof that the department is indeed out of control, and not accountable to the people they are there to protect. Instead of the anticipated surge in criminal activity, the results of the work stoppage have shown that the police have been arresting needlessly, the result of strict EPA regulations causing a decades-long drop of crime across the city as well as elsewhere nationwide.

The transition of the justice system from law enforcement to profit center was a slow one, but now it is near absolute. There have been whole towns which had police citations as their primary revenue source. Private prisons generate record revenue and have turned into a new form of slavery. This is made worse when you realize that most prisoners have never even been before a jury for trial.

The NYPD is the largest police force in the United States. As a result, it is a good study for understanding what is wrong with American justice. By their work stoppage, the NYPD hoped to show how indispensable they are. Instead, ironically, it demonstrated that the department itself has been the problem the whole time. If we want to see crime drop in the largest city in the big apple, it is time for real reforms.

Think Progress concentrated on how this change benefits the poor, who suffered disproportionately from excessive police action, along with affecting New Yorkers of all income levels:

Although it’s not the intended goal of the work stoppage, the decline in arrests could save New Yorkers money. The city residents who are normally hit with tickets for minor violations tend to be low income individuals who are forced to pay up a hefty portion of their paychecks.

The city began following the broken-windows style of policing in the early 1980s, a strategy championed by NYPD Commissioner Bill Bratton which focuses on eliminating low-level crime to prevent more violent offenses in the city’s neighborhoods. But a report earlier this year by the John Jay College of Criminal Justice in Manhattan found that the NYPD’s practice of arresting more people for minor offenses since 1980 has disproportionately affected young black and Latino men.

While de Blasio and Bratton have followed through on their promise to reform the city’s stop and frisk practices and the mayor announced in November that police would stop making arrests for low-level marijuana possessions, there are still racial biases in police practices throughout the city that result in a tougher financial burden on those already struggling to make ends meet.

And New Yorkers of all income levels are also saving money on one of the most consistent ways the city can slam people with tickets— parking violations are down by 92 percent, from 14,699 to just 1,241 this year.

NYPD officers have long spoken about quotas which require them to issue a certain number of summons per month to maintain statistics showing a reduction of crime in the city’s neighborhoods. Although Bratton promised an end to arrest quotas when he took office in January, the city’s police are still operating under a quota system which is illegal under state law, according to a recent report by the Police Reform Organizing Project. The group called on Bratton and de Blasio to end the quota system in its October report, which described how police are still using the quota system, as evidenced by the number of misdemeanor arrests and the poor quality of those arrests under Bratton.

Matt Taibbi of Rolling Stone noted how under other circumstances this could be a change in policy which both progressives and libertarians might have backed, but unfortunately such principles are not the reason for this work stoppage:

I don’t know any police officer anywhere who would refuse to arrest a truly dangerous criminal as part of a PBA-led political gambit. So the essence of this protest seems now to be about trying to hit de Blasio where it hurts, i.e. in the budget, without actually endangering the public.

So this police protest, unwittingly, is leading to the exposure of the very policies that anger so many different constituencies about modern law-enforcement tactics.

First, it shines a light on the use of police officers to make up for tax shortfalls using ticket and citation revenue. Then there’s the related (and significantly more important) issue of forcing police to make thousands of arrests and issue hundreds of thousands of summonses when they don’t “have to.”

It’s incredibly ironic that the police have chosen to abandon quality-of-life actions like public urination tickets and open-container violations, because it’s precisely these types of interactions that are at the heart of the Broken Windows polices that so infuriate residents of so-called “hot spot” neighborhoods.

In an alternate universe where this pseudo-strike wasn’t the latest sortie in a standard-issue right-versus left political showdown, one could imagine this protest as a progressive or even a libertarian strike, in which police refused to work as backdoor tax-collectors and/or implement Minority Report-style pre-emptive policing policies, which is what a lot of these Broken Windows-type arrests amount to.

But that’s not what’s going on here. As far as I can tell, there’s nothing enlightened about this slowdown, although I’m sure there are thousands of cops who are more than happy to get a break from Broken Windows policing…

I’ve met more than a few police in the last few years who’ve complained vigorously about things like the “empty the pad” policies in some precincts, where officers were/are told by superiors to fill predetermined summons quotas every month.

It would be amazing if this NYPD protest somehow brought parties on all sides to a place where we could all agree that policing should just go back to a policy of officers arresting people “when they have to.”

Because it’s wrong to put law enforcement in the position of having to make up for budget shortfalls with parking tickets, and it’s even more wrong to ask its officers to soak already cash-strapped residents of hot spot neighborhoods with mountains of summonses as part of a some stats-based crime-reduction strategy.

Both policies make people pissed off at police for the most basic and understandable of reasons: if you’re running into one, there’s a pretty good chance you’re going to end up opening your wallet.

Your average summons for a QOL offense costs more than an ordinary working person makes in a day driving a bus, waiting tables, or sweeping floors. So every time you nail somebody, you’re literally ruining their whole day.

If I were a police officer, I’d hate to be taking money from people all day long, too. Christ, that’s worse than being a dentist. So under normal circumstances, this slowdown wouldn’t just make sense, it would be heroic.

Unfortunately, this protest is not about police refusing to shake people down for money on principle.

For one thing, it’s simply another public union using its essential services leverage to hold the executive (and by extension, the taxpayer) hostage in a negotiation. In this case the public union doesn’t want higher pay or better benefits (in which case it wouldn’t have the support from the political right it has now – just the opposite), it merely wants “support” from the Mayor.

On another level, however, this is just the latest salvo in an ongoing and increasingly vicious culture-war mess that is showing no signs of abating.

Even if we are inadvertently seeing some good outcomes for the wrong reasons, perhaps city governments will learn something here.

Update: Steve M. has a different view from Matt Taibbi.

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Federal Government Ends Prohibition On Medical Marijuana

The Los Angeles Times reports on a surprise in the recently passed spending bill–an end to the federal government’s prohibition on medical marijuana. The was passed with support of both Democrats as well as some Republicans who opposed raid by the federal government in states which have legalized medical marijuana on states’ rights grounds:

Tucked deep inside the 1,603-page federal spending measure is a provision that effectively ends the federal government’s prohibition on medical marijuana and signals a major shift in drug policy.

The bill’s passage over the weekend marks the first time Congress has approved nationally significant legislation backed by legalization advocates. It brings almost to a close two decades of tension between the states and Washington over medical use of marijuana.

Under the provision, states where medical pot is legal would no longer need to worry about federal drug agents raiding retail operations. Agents would be prohibited from doing so.

The Obama administration has largely followed that rule since last year as a matter of policy. But the measure approved as part of the spending bill, which President Obama plans to sign this week, will codify it as a matter of law.

Pot advocates had lobbied Congress to embrace the administration’s policy, which they warned was vulnerable to revision under a less tolerant future administration.

More important, from the standpoint of activists, Congress’ action marked the emergence of a new alliance in marijuana politics: Republicans are taking a prominent role in backing states’ right to allow use of a drug the federal government still officially classifies as more dangerous than cocaine…

Some Republicans are pivoting off their traditional anti-drug platform at a time when most voters live in states where medical marijuana is legal, in many cases as a result of ballot measures.

Polls show that while Republican voters are far less likely than the broader public to support outright legalization, they favor allowing marijuana for medical use by a commanding majority. Legalization also has great appeal to millennials, a demographic group with which Republicans are aggressively trying to make inroads.

Approval of the pot measure comes after the Obama administration directed federal prosecutors last year to stop enforcing drug laws that contradict state marijuana policies. Since then, federal raids of marijuana merchants and growers who are operating legally in their states have been limited to those accused of other violations, such as money laundering.

“The federal government should never get in between patients and their medicine,” said Rep. Barbara Lee (D-Oakland).

Tony Newman, Director of Media Relations, Drug Policy Alliance, added this to his list of More Nails in the Drug War Coffin.

In addition to ending fears of raids by federal drug agents, this should also alleviate the fears of many physicians who are currently afraid to treat patients with medical marijuana even in states where it is legal. Many physicians, including some pain clinics, have been unwilling to treat patients with chronic pain who are using medical marijuana out of fear of retaliation by the DEA.

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Republicans Seek To Block Marijuana Law In Washington D.C.

Republicans, members of the party which claims to support small government, individual freedom, and states’ rights, once again shows that it doesn’t mean a word of this.  The Hill reports on one action planned by Republicans:

House Republicans next year will try to block Washington, D.C.’s, newly enacted law legalizing recreational marijuana.

Rep. Andy Harris said he “absolutely” intends to launch a push to dismantle the new law when Congress returns with an empowered GOP majority in the 114th Congress.

While technically not a states’ rights issue, the same principle should apply to respecting a law to legalize recreational marijuana which a majority in Washington, D.C. voted for.

Presumably other top matters on the Republican agenda will include attempts to restrict access to abortion and contraception, and prevent same-sex marriage.

Of course this is as expected. When Republicans speak of supporting small government, it is of a government “small” enough to intervene in the private lives of the individual. When they speak of freedom, they will defend the freedom of businessmen to evade necessary regulations. Otherwise to Republicans, freedom means the freedom for conservatives to impose their views upon others. Republican support for states’ rights is limited to states which wish to enact laws to discriminate against minorities or restrict marriage equality.

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Police Are Taught How To Best Benefit From Legalized Theft

Civil asset forfeiture allows a police force to punish people by taking their property with no due process, no conviction, and possibly without charging them with a crime. It has become such a lucrative way for a police force to get money that they are becoming selective in which property they will seize. Police even go to seminars to teach them the best way to make money. The New York Times has recorded some of these seminars and reports:

Mr. Connelly was talking about a practice known as civil asset forfeiture, which allows the government, without ever securing a conviction or even filing a criminal charge, to seize property suspected of having ties to crime. The practice, expanded during the war on drugs in the 1980s, has become a staple of law enforcement agencies because it helps finance their work. It is difficult to tell how much has been seized by state and local law enforcement, but under a Justice Department program, the value of assets seized has ballooned to $4.3 billion in the 2012 fiscal year from $407 million in 2001. Much of that money is shared with local police forces.

The practice of civil forfeiture has come under fire in recent months, amid a spate of negative press reports and growing outrage among civil rights advocates, libertarians and members of Congress who have raised serious questions about the fairness of the practice, which critics say runs roughshod over due process rights. In one oft-cited case, a Philadelphia couple’s home was seized after their son made $40 worth of drug sales on the porch. Despite that opposition, many cities and states are moving to expand civil seizures of cars and other assets. The seminars, some of which were captured on video, raise a curtain on how law enforcement officials view the practice.

The seminars teach which property to take to maximize their profits. They learn not to bother with jewelry as it is too hard to sell, or computers because everyone has one. Instead they are instructed to go after “flat screen TVs, cash and cars. Especially nice cars.”

Much of the nuts-and-bolts how-to of civil forfeiture is passed on in continuing education seminars for local prosecutors and law enforcement officials, some of which have been captured on video. The Institute for Justice, which brought the videos to the attention of The Times, says they show how cynical the practice has become and how profit motives can outweigh public safety.

In the sessions, officials share tips on maximizing profits, defeating the objections of so-called “innocent owners” who were not present when the suspected offense occurred, and keeping the proceeds in the hands of law enforcement and out of general fund budgets. The Times reviewed three sessions, one in Santa Fe, N.M., that took place in September, one in New Jersey that was undated, and one in Georgia in September that was not videotaped.

Officials offered advice on dealing with skeptical judges, mocked Hispanics whose cars were seized, and made comments that, the Institute for Justice said, gave weight to the argument that civil forfeiture encourages decisions based on the value of the assets to be seized rather than public safety. In the Georgia session, the prosecutor leading the talk boasted that he had helped roll back a Republican-led effort to reform civil forfeiture in Georgia, where seized money has been used by the authorities, according to news reports, to pay for sports tickets, office parties, a home security system and a $90,000 sports car…

When discussed with law enforcement, they often made forfeiture sound like a useful tool to reduce crime, but in the end they were often found to be profiting from the practice. This makes it sound like the benefits they claim are just ways to rationalize what amounts to legalized theft.

Sean D. McMurtry, the chief of the forfeiture unit in the Mercer County, N.J., prosecutor’s office, said forfeiture contributes to only a small percentage of local budgets but it is a good deterrent and works especially well against repeat offenders, such as domestic violence perpetrators who repeatedly violate a restraining order. “We’re very proud of our forfeiture operation,” he said in an interview.

But in the video, Mr. McMurtry made it clear that forfeitures were highly contingent on the needs of law enforcement. In New Jersey, the police and prosecutors are allowed to use cars, cash and other seized goods; the rest must be sold at auction. Cellphones and jewelry, Mr. McMurtry said, are not worth the bother. Flat screen televisions, however, “are very popular with the police departments,” he said.

Prosecutors boasted in the sessions that seizure cases were rarely contested or appealed. But civil forfeiture places the burden on owners, who must pay court fees and legal costs to get their property back. Many seizures go uncontested because the property is not worth the expense.

And often the first hearing is presided over not by a judge but by the prosecutor whose office benefits from the proceeds, and who has wide discretion in deciding whether to forfeit the property or return it, sometimes in exchange for a steep fine.

Mr. McMurtry said his handling of a case is sometimes determined by department wish lists. “If you want the car, and you really want to put it in your fleet, let me know — I’ll fight for it,” Mr. McMurtry said, addressing law enforcement officials on the video. “If you don’t let me know that, I’ll try and resolve it real quick through a settlement and get cash for the car, get the tow fee paid off, get some money for it.”

One criticism of civil forfeiture is that it results in widely varied penalties — one drunken driver could lose a $100,000 luxury car, while another forfeits a $2,000 clunker…

Prosecutors estimated that between 50 to 80 percent of the cars seized were driven by someone other than the owner, which sometimes means a parent or grandparent loses their car. In the Santa Fe video, a police officer acknowledged that the law can affect families, but expressed skepticism of owners who say they did not know their relative was running afoul of the law.

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Bruce Bartlett Argues That Obama Is A Republican

Obama is a Republican

There’s nothing really new here, but it will be interesting to see conservative response to Bruce Bartlett’s article in The American Conservative entitled, Obama Is A Republican. The article is a rehash of how Obama’s record is actually quite conservative, clashing with the conservative myth that he is a socialist. He started with mentioning other Republicans who supported Obama’s election, and next discussed foreign policy:

One of Obama’s first decisions after the election was to keep national-security policy essentially on automatic pilot from the Bush administration. He signaled this by announcing on November 25, 2008, that he planned to keep Robert M. Gates on as secretary of defense. Arguably, Gates had more to do with determining Republican policy on foreign and defense policy between the two Bush presidents than any other individual, serving successively as deputy national security adviser in the White House, director of Central Intelligence, and secretary of defense.

Another early indication of Obama’s hawkishness was naming his rival for the Democratic nomination, Sen. Hillary Clinton, as secretary of state. During the campaign, Clinton ran well to his right on foreign policy, so much so that she earned the grudging endorsement of prominent neoconservatives such as Bill Kristol and David Brooks.

After further discission of foreign policy, he went on to discuss economic policy and the deficit. The most important point is how the deficit has fallen under Obama and how fiscally conservative Obama has been:

With the economy collapsing, the first major issue confronting Obama in 2009 was some sort of economic stimulus. Christina Romer, chair of the Council of Economic Advisers, whose academic work at the University of California, Berkeley, frequently focused on the Great Depression, estimated that the stimulus needed to be in the range of $1.8 trillion, according to Noam Scheiber’s book The Escape Artists.

The American Recovery and Reinvestment Act was enacted in February 2009 with a gross cost of $816 billion. Although this legislation was passed without a single Republican vote, it is foolish to assume that the election of McCain would have resulted in savings of $816 billion. There is no doubt that he would have put forward a stimulus plan of roughly the same order of magnitude, but tilted more toward Republican priorities.

A Republican stimulus would undoubtedly have had more tax cuts and less spending, even though every serious study has shown that tax cuts are the least effective method of economic stimulus in a recession. Even so, tax cuts made up 35 percent of the budgetary cost of the stimulus bill—$291 billion—despite an estimate from Obama’s Council of Economic Advisers that tax cuts barely raised the gross domestic product $1 for every $1 of tax cut. By contrast, $1 of government purchases raised GDP $1.55 for every $1 spent. Obama also extended the Bush tax cuts for two years in 2010.

It’s worth remembering as well that Bush did not exactly bequeath Obama a good fiscal hand. Fiscal year 2009 began on October 1, 2008, and one third of it was baked in the cake the day Obama took the oath of office. On January 7, 2009, the Congressional Budget Office projected significant deficits without considering any Obama initiatives. It estimated a deficit of $1.186 trillion for 2009 with no change in policy. The Office of Management and Budget estimated in November of that year that Bush-era policies, such as Medicare Part D, were responsible for more than half of projected deficits over the next decade.

Republicans give no credit to Obama for the significant deficit reduction that has occurred on his watch—just as they ignore the fact that Bush inherited an projected budget surplus of $5.6 trillion over the following decade, which he turned into an actual deficit of $6.1 trillion, according to a CBO study—but the improvement is real.

Screenshot 2014-10-20 12.59.16

Republicans would have us believe that their tight-fisted approach to spending is what brought down the deficit. But in fact, Obama has been very conservative, fiscally, since day one, to the consternation of his own party. According to reporting by the Washington Post and New York Times, Obama actually endorsed much deeper cuts in spending and the deficit than did the Republicans during the 2011 budget negotiations, but Republicans walked away.

Obama’s economic conservatism extends to monetary policy as well. His Federal Reserve appointments have all been moderate to conservative, well within the economic mainstream. He even reappointed Republican Ben Bernanke as chairman in 2009. Many liberals have faulted Obama for not appointing board members willing to be more aggressive in using monetary policy to stimulate the economy and reduce unemployment.

Obama’s other economic appointments, such as Larry Summers at the National Economic Council and Tim Geithner at Treasury, were also moderate to conservative. Summers served on the Council of Economic Advisers staff in Reagan’s White House. Geithner joined the Treasury during the Reagan administration and served throughout the George H.W. Bush administration.

There is certainly nothing new. Forbes pointed out a couple of years ago how Obama has been the most fiscally conservative president since Eisenhower.It is worth repeating considering how many people have been fooled by the Republican line that Obama and other Democrats, as opposed to the Republicans, are responsible for the size of the deficit.

Bartlett next discussed how Obamacare is based upon old Republican policies proposed by the Heritage Foundation and later Mitt Romney. He discussed at length how the individual mandate was originally an idea which was strongly promoted by Republicans. While Bartlett concentrated on Romney, many other Republicans shared this view.

Bartlett then had briefer discussions of several other issues–drugs, national-security leaks, race, gay marriage, and corporate profits. His argument for Obama being a Republican is weaker on social issues. While Obama took “two long years to speak out on the subject and only after being pressured to do so,” there remains a big difference between Obama keeping quiet on the issue and Republicans who actively promoted bans on same-sex marriage and Obama.

Bartlett concluded with:

I think Cornell West nailed it when he recently charged that Obama has never been a real progressive in the first place. “He posed as a progressive and turned out to be counterfeit,” West said. “We ended up with a Wall Street presidency, a drone presidency, a national security presidency.”

I don’t expect any conservatives to recognize the truth of Obama’s fundamental conservatism for at least a couple of decades—perhaps only after a real progressive presidency. In any case, today they are too invested in painting him as the devil incarnate in order to frighten grassroots Republicans into voting to keep Obama from confiscating all their guns, throwing them into FEMA re-education camps, and other nonsense that is believed by many Republicans. But just as they eventually came to appreciate Bill Clinton’s core conservatism, Republicans will someday see that Obama was no less conservative.

There is considerable truth to what Bartlett wrote, especially if social issues are ignored. However to be less progressive than Cornell West desires is not sufficient to prove someone is a Republican. Anyone who saw Obama as a candidate of the far left, as opposed to being more centrist, just wasn’t paying attention to what he was saying. Of course there is room for disappointment in some of these areas from the left, especially on drug policy and aspects of his foreign policy.

If Obama is said to be governing like a Republican, the key point which would need to be stressed is he is governing as a moderate Republican from the past–something which no longer exists. Obama certainly would not fit in with the Republican Party of today, which has moved to the extreme right. Bartlett is viewing Republicans from the perspective of his days as an adviser to Ronald Reagan and George W. Bush. The reality is that today neither Reagan nor Bush would be sufficiently conservative to survive in the Republican Party. Therefore, while it is ludicrous to consider Obama to be a socialist, or even from the far left, those who share the extreme views of current Republicans are correct in not seeing Obama as one of their own.

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Study Shows Reduction In Opioid Overdoses By 25% In States Which Have Legalized Medical Marijuana

A major problem with narcotic pain medications is the risk of overdose. This problem has led to the DEA announcing last week that hydrocodone combination pain medications such as Norco and Vicodin are being reclassified as Schedule II narcotics, with additional restrictions being placed upon prescribing them. Any measures to help control chronic pain while reducing the incidence of overdose would certainly be welcome. The August 25, 2014 issue of JAMA Internal Medicine presents a study of states which have legalized medical marijuana, showing a reduction in opioid overdoses by almost 25 percent:

Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, −37.5% to −9.5%; P = .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time…

The study did not indicate the cause of this association. It is speculated that some people with chronic pain might use less opioid when medical marijuana is available. More study is needed to confirm this, but considering the problems faced with opioid overdoses, marijuana should be considered as an alternative. At very least, when considering any potential adverse consequences to legalization of medical marijuana, it must be kept in mind that the currently used medications for chronic pain do have a serious potential for adverse effects themselves.

Marijuana is now classified as a Schedule I drug which prevents prescribing it. (In states where medical marijuana is legal, the change in the law protects those using it from prosecution but marijuana still cannot be prescribed). Many have already questioned the classification of marijuana as a Schedule I drug as it appears to show less risk of problems from overdose compared to current Schedule II and Schedule III drugs. This study suggests that marijuana might also help protect against some of the adverse effects of narcotics.

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Media Support For Legalization Of Marijuana and Prostitution

Legalize Pot and Sex

There is a welcome trend towards support of decriminalization of victimless crimes. The New York Times recently came out for legalization of marijuana, outlining the harm done by the unsuccessful prohibition:

America’s four-decade war on drugs is responsible for many casualties, but the criminalization of marijuana has been perhaps the most destructive part of that war. The toll can be measured in dollars — billions of which are thrown away each year in the aggressive enforcement of pointless laws. It can be measured in years — whether wasted behind bars or stolen from a child who grows up fatherless. And it can be measured in lives — those damaged if not destroyed by the shockingly harsh consequences that can follow even the most minor offenses…

The costs of this national obsession, in both money and time, are astonishing. Each year, enforcing laws on possession costs more than $3.6 billion, according to the American Civil Liberties Union. It can take a police officer many hours to arrest and book a suspect. That person will often spend a night or more in the local jail, and be in court multiple times to resolve the case. The public-safety payoff for all this effort is meager at best: According to a 2012 Human Rights Watch report that tracked 30,000 New Yorkers with no prior convictions when they were arrested for marijuana possession, 90 percent had no subsequent felony convictions. Only 3.1 percent committed a violent offense.

The strategy is also largely futile. After three decades, criminalization has not affected general usage; about 30 million Americans use marijuana every year. Meanwhile, police forces across the country are strapped for cash, and the more resources they devote to enforcing marijuana laws, the less they have to go after serious, violent crime. According to F.B.I. data, more than half of all violent crimes nationwide, and four in five property crimes, went unsolved in 2012.

The sheer volume of law enforcement resources devoted to marijuana is bad enough. What makes the situation far worse is racial disparity. Whites and blacks use marijuana at roughly the same rates; on average, however, blacks are 3.7 times more likely than whites to be arrested for possession, according to a comprehensive 2013 report by the A.C.L.U.

Now The Economist has called for legalization of prostitution, partially due to the changes in the profession with prostitution increasingly being arranged on line:

Moralisers will lament the shift online because it will cause the sex trade to grow strongly. Buyers and sellers will find it easier to meet and make deals. New suppliers will enter a trade that is becoming safer and less tawdry. New customers will find their way to prostitutes, since they can more easily find exactly the services they desire and confirm their quality. Pimps and madams should shudder, too. The internet will undermine their market-making power.

But everyone else should cheer. Sex arranged online and sold from an apartment or hotel room is less bothersome for third parties than are brothels or red-light districts. Above all, the web will do more to make prostitution safer than any law has ever done. Pimps are less likely to be abusive if prostitutes have an alternative route to market. Specialist sites will enable buyers and sellers to assess risks more accurately. Apps and sites are springing up that will let them confirm each other’s identities and swap verified results from sexual-health tests. Schemes such as Britain’s Ugly Mugs allow prostitutes to circulate online details of clients to avoid.

Governments should seize the moment to rethink their policies. Prohibition, whether partial or total, has been a predictable dud. It has singularly failed to stamp out the sex trade. Although prostitution is illegal everywhere in America except Nevada, old figures put its value at $14 billion annually nationwide; surely an underestimate. More recent calculations in Britain, where prostitution is legal but pimping and brothels are not, suggest that including it would boost GDP figures by at least £5.3 billion ($8.9 billion). And prohibition has ugly results. Violence against prostitutes goes unpunished because victims who live on society’s margins are unlikely to seek justice, or to get it. The problem of sex tourism plagues countries, like the Netherlands and Germany, where the legal part of the industry is both tightly circumscribed and highly visible…

The prospect of being pressed to mend their ways makes prostitutes less willing to seek care from health or social services. Men who risk arrest will not tell the police about women they fear were coerced into prostitution. When Rhode Island unintentionally decriminalised indoor prostitution between 2003 and 2009 the state saw a steep decline in reported rapes and cases of gonorrhoea.

Prostitution is moving online whether governments like it or not. If they try to get in the way of the shift they will do harm. Indeed, the unrealistic goal of ending the sex trade distracts the authorities from the genuine horrors of modern-day slavery (which many activists conflate with illegal immigration for the aim of selling sex) and child prostitution (better described as money changing hands to facilitate the rape of a child). Governments should focus on deterring and punishing such crimes—and leave consenting adults who wish to buy and sell sex to do so safely and privately online.

More on the effects of the unintentional decriminalization of indoor prostitution in Rhode Island here.

I think  tolerance of marijuana use and prostitution will increase with the millennial generation, which is more socially liberal, and find it a good sign to see long-established portions of the media also moving in this direction. I also fear that, as with same-sex marriage, even the Democrats will lag behind the general population in acceptance of liberal views.

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This Is Not The Libertarian Moment, But Also Not The Right Moment For Democrats To Follow Hillary Clinton’s Views

Robert Draper asks, Has the ‘Libertarian Moment’ Finally Arrived? in The New York Times Magazine.

Libertarians, who long have relished their role as acerbic sideline critics of American political theater, now find themselves and their movement thrust into the middle of it. For decades their ideas have had serious backing financially (most prominently by the Koch brothers, one of whom, David H., ran as vice president on the 1980 Libertarian Party ticket), intellectually (by way of policy shops like the Cato Institute and C.E.I.) and in the media (through platforms like Reason and, as of last year, “The Independents”). But today, for perhaps the first time, the libertarian movement appears to have genuine political momentum on its side. An estimated 54 percent of Americans now favor extending marriage rights to gay couples. Decriminalizing marijuana has become a mainstream position, while the drive to reduce sentences for minor drug offenders has led to the wondrous spectacle of Rick Perry — the governor of Texas, where more inmates are executed than in any other state — telling a Washington audience: “You want to talk about real conservative governance? Shut prisons down. Save that money.” The appetite for foreign intervention is at low ebb, with calls by Republicans to rein in federal profligacy now increasingly extending to the once-sacrosanct military budget. And deep concern over government surveillance looms as one of the few bipartisan sentiments in Washington, which is somewhat unanticipated given that the surveiller in chief, the former constitutional-law professor Barack Obama, had been described in a 2008 Times Op-Ed by the legal commentator Jeffrey Rosen as potentially “our first president who is a civil libertarian.”

Meanwhile, the age group most responsible for delivering Obama his two terms may well become a political wild card over time, in large part because of its libertarian leanings. Raised on the ad hoc communalism of the Internet, disenchanted by the Iraq War, reflexively tolerant of other lifestyles, appalled by government intrusion into their private affairs and increasingly convinced that the Obama economy is rigged against them, the millennials can no longer be regarded as faithful Democrats — and a recent poll confirmed that fully half of voters between ages 18 and 29 are unwedded to either party. Obama has profoundly disappointed many of these voters by shying away from marijuana decriminalization, by leading from behind on same-sex marriage, by trumping the Bush administration on illegal-immigrant deportations and by expanding Bush’s N.S.A. surveillance program. As one 30-year-old libertarian senior staff member on the Hill told me: “I think we expected this sort of thing from Bush. But Obama seemed to be hip and in touch with my generation, and then he goes and reads our emails.”

To say that the libertarian moment has arrived based upon the views of millennials is to look at only part of the picture. Polling has showed millennials to typically be liberal on social issues, non-interventionist on foreign, policy, but far from conservative or libertarian on issues such as preserving the safety-net and providing universal health care. They are hardly likely to be attracted by either the Republican or Libertarian Party. Unfortunately the Democrats also are risking turning off such voters with the choice of Hillary Clinton:

Early polls show young voters favoring Hillary Rodham Clinton in 2016, but their support could erode as they refamiliarize themselves with her, just as it did in 2008. Clinton has been even slower than Obama to embrace progressive social causes, while in foreign policy, she associates herself more with her former Senate colleague John McCain than with noninterventionists. Nor is Clinton likely to quell millennial fears about government surveillance. Welch says: “Hillary isn’t going to be any good on these issues. She has an authoritative mind-set and has no interest in Edward Snowden, who’s a hero to a lot of these people.”

Comparing Clinton to John McCain, who seems to have never seen a possibility for going to war which didn’t excite him, might be a little extreme, but she has firmly placed herself in the Joe Lieberman camp. She is a rare Democrat who rooted for going to war with Iraq based upon false claims tying Saddam to al Qaeda. She now repudiates her past support for the war however the story of Hillary Clinton’s career has been to get the big issues wrong at the time and possibly later realize that she was wrong. As I’ve also pointed out before, in the remote chance that the Republicans do nominate Rand Paul, or anyone else with similar non-interventionist views, this could really shake up the race, putting Democrats in the position of running from the right on foreign policy. Clinton’s weakness and cowardice on social issues wouldn’t help matters.

So, no, the Libertarian Moment has not arrived. The future looks more friendly towards politicians who are socially liberal, anti-interventionism, but far from libertarian across the board. Most likely the Republicans will run a candidate who is even further to the right of Hillary Clinton on foreign policy and social issues, and as Andrew Sullivan recently argued, Clinton will try to run on vacuous statements (along with inevitability), and avoid taking controversial positions on the issues.  She will continue to try to stick with what she sees as safe answers, such as saying that the Bible is the book which she found most influential. Maybe she will get away with it, but if the Republicans shake things up and question her on more libertarian grounds on social issues and foreign policy, there is the real danger of the Democrats losing the millennials.

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Decreased Highway Fatalities In Colorado After Legalization Of Marijuana

Coloardo Fatalities

Conservatives have used scare stories of high drivers as reasons to oppose both legalization of marijuana and even use of medical marijuana. As with a recent study on prostitution reducing the risk of rape and sexually transmitted diseases, eliminating laws against victimless crimes may be beneficial, and at least typically does not do the harm claimed by conservatives. Since marijuana was legalized in Colorado, highway fatalities are at near-historic lows.

It might be the case that other factors are reducing the fatalities, but at very least it does not appear that legalization of marijuana increases the risk. It is even possible that the legalization of marijuana might directly be related to the reduction in highway fatalities:

some researchers have gone so far as to suggest that better access to pot is making the roads safer, at least marginally. The theory is that people are substituting pot for alcohol, and pot causes less driver impairment than booze. I’d need to see more studies before I’d be ready to endorse that theory. For example, there’s also some research contradicting the theory that drinkers are ready to substitute pot for alcohol.

Regardless of whether the reduction in fatalities is a result of marijuana legalization, the data in Colorado does further undermine the conservative argument for the continuation of marijuana prohibition.

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