Medical Marijuana Prohibition: Fear
The status of public policy regarding medical marijuana reveals that for all the historical advancements of Western civilization there is still much work to do. The ancient prejudices were not eliminated wholesale when the Framers of the Constitution declared independence from despotism in 1776. Even today in the modern age of 2006 there are traits within all of us that, if given the tragic opportunity, might by chance force us to side with the likes of King George and John C. Calhoun. There is indeed much work to do.
Of course, the only work worth working for in America is liberty. Without liberty life is not worth living, which is why citizens of New Hampshire have as their slogan: Live free or die! Without liberty there is no property, for if a person is not free to enjoy the fruits of their labor, then that person is not—by definition!—free. Without liberty there is no happiness, because in order for human beings to be happy they must be able to make choices, even bad ones. Thus, life, liberty, property, and the pursuit of happiness are the natural traditions of America.
Some people think the pursuit of happiness is a pursuit of pleasure, but the Framers understood the pursuit of happiness to mean a pursuit of virtue. They identified despotism as the single greatest threat to virtue. According to Montesquieu, the most referenced philosopher in The Federalist Papers, despotism is the rule of one by fear. Despots command the sovereign authority in a polity because the polity is too afraid to resist. When the polity is no longer afraid, then the polity recalls the despot and establishes a more perfect Union.
When the Framers threw off their despot and created a constitutional republic they did not envision that this great country would later become what they abhorred; thus, the Framers established a government of laws, not of men. Put differently, in the United States of America reason is sovereign, which means the mere assertion of governmental authority or will is not enough to lay claim to power. Only the governed can govern themselves, which they do by consenting to a rational authority; limited in scope and separated in power. The laws of nature and nature’s God are reasonable laws—the laws of government should be, too.
But what is the rational basis of Federal medical marijuana prohibition? Why can’t a person use marijuana for medical purposes? What business does the government have interfering with the doctor-patient relationship? How does prohibition comport with liberty? Where does a limited government of enumerated powers get the authority to criminalize people for following the advice of their doctor?
There are no satisfactory answers to these questions beyond “will to power.” In short, medical marijuana is prohibited in the United States because the 75th Congress said so and the representatives in subsequent sessions up to the current 109th Congress have not said otherwise. Similarly, the executive branch has also decided to abide by the 75th Congress’ initial decision to outlaw medical marijuana. Why? Look no further than: Because the government said so.
We the People have always been smarter than our government, thus it is not surprising that public opinion polls consistently show that about 80% of the nation is in favor of decriminalizing medical marijuana. This may be because millions of Americans have reported that they have used marijuana in the past and thus they know that there is nothing to fear from marijuana use (as contrasted with marijuana abuse). Among these delinquent masses are some notables like Bill Clinton and George W. Bush. How could it be that both the common sense and private presidential endorsement of marijuana has not translated into an actual effect on the policy cycle?
The answer is familiar: fear. According to Congressman Barney Frank (D-MA), most of the representatives in Congress personally agree that there is a need to end medical marijuana prohibition; however, because representatives do not want to be painted as soft-on-crime there is currently no political will, let alone political courage, to address the issue.
When fear forms the basis of public policy the existence and continuance of liberty is seriously threatened. For 69 years and counting the Federal bureaucracy has waged a war on medical marijuana. The casualties of this war are mostly American citizens—a disproportionate number of whom are non-white—which challenges the American ideal articulated so beautifully by Thomas Jefferson in 1776.
The county needs to recognize, once and for all, the wisdom of Franklin D. Roosevelt: The only thing we have to fear is fear itself. Put differently, paraphrasing that more modern political scientist David Letterman: What we need after 9/11 more than ever is political courage.
Kenneth Michael White is an attorney and the author of “The Beginning of Today: The Marihuana Tax Act of 1937” and “Buck” (both by PublishAmerica 2004). Visit www.thebeginningoftoday.com for more information.
Of course, the only work worth working for in America is liberty. Without liberty life is not worth living, which is why citizens of New Hampshire have as their slogan: Live free or die! Without liberty there is no property, for if a person is not free to enjoy the fruits of their labor, then that person is not—by definition!—free. Without liberty there is no happiness, because in order for human beings to be happy they must be able to make choices, even bad ones. Thus, life, liberty, property, and the pursuit of happiness are the natural traditions of America.
Some people think the pursuit of happiness is a pursuit of pleasure, but the Framers understood the pursuit of happiness to mean a pursuit of virtue. They identified despotism as the single greatest threat to virtue. According to Montesquieu, the most referenced philosopher in The Federalist Papers, despotism is the rule of one by fear. Despots command the sovereign authority in a polity because the polity is too afraid to resist. When the polity is no longer afraid, then the polity recalls the despot and establishes a more perfect Union.
When the Framers threw off their despot and created a constitutional republic they did not envision that this great country would later become what they abhorred; thus, the Framers established a government of laws, not of men. Put differently, in the United States of America reason is sovereign, which means the mere assertion of governmental authority or will is not enough to lay claim to power. Only the governed can govern themselves, which they do by consenting to a rational authority; limited in scope and separated in power. The laws of nature and nature’s God are reasonable laws—the laws of government should be, too.
But what is the rational basis of Federal medical marijuana prohibition? Why can’t a person use marijuana for medical purposes? What business does the government have interfering with the doctor-patient relationship? How does prohibition comport with liberty? Where does a limited government of enumerated powers get the authority to criminalize people for following the advice of their doctor?
There are no satisfactory answers to these questions beyond “will to power.” In short, medical marijuana is prohibited in the United States because the 75th Congress said so and the representatives in subsequent sessions up to the current 109th Congress have not said otherwise. Similarly, the executive branch has also decided to abide by the 75th Congress’ initial decision to outlaw medical marijuana. Why? Look no further than: Because the government said so.
We the People have always been smarter than our government, thus it is not surprising that public opinion polls consistently show that about 80% of the nation is in favor of decriminalizing medical marijuana. This may be because millions of Americans have reported that they have used marijuana in the past and thus they know that there is nothing to fear from marijuana use (as contrasted with marijuana abuse). Among these delinquent masses are some notables like Bill Clinton and George W. Bush. How could it be that both the common sense and private presidential endorsement of marijuana has not translated into an actual effect on the policy cycle?
The answer is familiar: fear. According to Congressman Barney Frank (D-MA), most of the representatives in Congress personally agree that there is a need to end medical marijuana prohibition; however, because representatives do not want to be painted as soft-on-crime there is currently no political will, let alone political courage, to address the issue.
When fear forms the basis of public policy the existence and continuance of liberty is seriously threatened. For 69 years and counting the Federal bureaucracy has waged a war on medical marijuana. The casualties of this war are mostly American citizens—a disproportionate number of whom are non-white—which challenges the American ideal articulated so beautifully by Thomas Jefferson in 1776.
The county needs to recognize, once and for all, the wisdom of Franklin D. Roosevelt: The only thing we have to fear is fear itself. Put differently, paraphrasing that more modern political scientist David Letterman: What we need after 9/11 more than ever is political courage.
Kenneth Michael White is an attorney and the author of “The Beginning of Today: The Marihuana Tax Act of 1937” and “Buck” (both by PublishAmerica 2004). Visit www.thebeginningoftoday.com for more information.
posted by Kenneth Michael White | 2:57 PM
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