Topic: Law and Civil Liberties

Kevin Sabet’s “Seven Myths” About Marijuana

Kevin Sabet is a former senior policy adviser to then–White House Drug Czar Gil Kerlikowske. In this interview with the Heritage Foundation, Sabet discusses his recent book, Reefer Sanity: Seven Great Myths about Marijuana. Let’s examine Sabet’s “Seven Myths.”

Myth #1. I can’t become addicted to marijuana.

That might be a myth, but who cares? Addiction is not, per se, a problem for society or an indvidual; just think about how many people are addicted to caffeine.

Myth #2. Today’s marijuana is the same old Woodstock weed my parents used.

True. Potency is now higher. But who cares? If a given puff has more THC, users can get high while inhaling less. That does not mean people get more stoned.  

Myth #3. Smoking marijuana once in a while won’t harm me as a teen.

No statistically valid study finds negative health effects from occaissional use. See here for an excellent debunking of science that claims otherwise.

Myth #4. Marijuana is not tobacco - it won’t harm my lungs.

Little evidence finds that marijuana smoking harms the lungs. Most users do not puff all day, every day.

But even if marijuana does harm the lungs, this is an argument for legalization. When marijuana is legal, users can more readily find high potency marijuana, which, as noted above, means less inhalation. Legalization also faciliates ingestion methods other than smoking (e.g., vaporization, edibles), which reduces risks to the lungs.

Myth #5. I can’t die from marijuana use.

The number of documented deaths from marijuana use is infinitessimal. Does Sabet want to ban Ibuprofen? Swimming pools? Peanuts? Penicillin?

Myth #6. Marijuana is medicine.

Why does it matter whether marijuana is medicine? True, some prohibition opponents base their case on marijuana’s reputed medicinal value, but the case for legalization is strong regardless. Bombay Sapphire martinis are not “medicine,” but they make me feel better at the end of the day (and I’m glad they are legal).

Myth #7. Marijuana will make me a more focused and better driver.

Give me a break. Perhaps a few zealots have made this claim, but virtually all legalizers agree that people should not drive under the influence of marijuana.

Bottom Line: Sabet’s seven myths are spin, pure and simple.

Chief Justice Roberts Again Rewrites Law, Avoids Duty to Hold Government’s Feet to the Constitutional Fire

In today’s ruling in Bond v. United States, the Supreme Court was obviously right to reverse as federal overreaching the conviction of a woman who used certain chemicals to attack her husband’s paramour. This was a “purely local crime,” and the decision to prosecute Carol Anne Bond for it under a law that implements the international Chemical Weapons Convention was an abuse of federal power.

But in deciding the case so narrowly, creatively reinterpreting an expansive federal statute instead of reaching the constitutional issue at the heart of this bizarre case, the Court’s majority abdicated its duty to check the other branches of government. Bond was a case about the scope of the treaty power—can Congress do something pursuant to a treaty that it can’t otherwise do?—and yet the majority opinion avoided that discussion altogether in the name of a faux judicial minimalism. That’s not surprising given that its author is Chief Justice Roberts, who goes out of his way to avoid hard calls whenever possible. (Sometimes the practical result is still the right one, as here, sometimes it’s disastrously not, as in NFIB v. Sebelius, the Obamacare case, and sometimes even Roberts finds it impossible to avoid the Court’s constitutional duty, as in Citizens United and Shelby County.)

It was thus left to Justice Scalia, joined by Justices Thomas and Alito (in part), to do the hard work—to make those balls-and-strikes calls that Roberts promised at his confirmation hearing—and repudiate Missouri v. Holland, the 1920 case that’s been understood to mean that the federal government can indeed expand its own power by agreeing to do so with a foreign treaty partner. (Scalia’s opinion tracks Cato’s amicus brief closely, and cites my colleague Nicholas Quinn Rosenkranz’s groundbreaking work in this area.)

One other takeaway here is that the Obama administration has yet again lost unanimously at the Supreme Court, adding to its record number of goose eggs—particularly in cases involving preposterous assertions of federal power. Here Chief Justice Roberts provides the apt langiappe: “The global need to prevent chemical warfare does not require the federal government to reach into the kitchen cupboard, or to treat a local assault with a chemical irritant as the deployment of a chemical weapon.”

What We Can Expect from the Supreme Court in the Next Month

As we head into the last month of the Supreme Court term – the Court releases its final, typically highest profile, opinions the last week of June – it’s time to take a deep breath and survey the lay of the land. Here’s what we can expect in coming weeks as the justices rush to get their final opinions out before heading out on their summer vacation/lecture/exile:

  1. Currently scheduled opinion-release days are June 2 (this coming Monday), 9, 16, 23, and 30. I’d expect the Court to cut June 30 – I’m sure some of the justices already have travel planned for that week – and add 3-4 more opinion days the weeks of June 9, 16, or 23. Each week’s extra days are typically announced on the Monday of the given week.
  2. There are 25 cases outstanding, most notably Bond (treaty power, argued in November), Noel Canning (recess appointments, January), McCullen (abortion-clinic buffer zone, January), Harris (forced unionization of home healthcare aides, January), Hobby Lobby/Conestoga Wood Specialties (Obamacare contraceptive mandate, March), Susan B. Anthony List (criminalizing false political speech, April), and Riley/Wurie (cell phone searches, April).

As for how all these cases will turn out, all I can say is that it’s fortunate that I’m not paid for my predictive abilities because I don’t think anyone could make a living doing that. Unlike many Court-watchers, however, I’m happy to go on a limb with my best guesses at what’ll happen:

“Minnesota ‘Unsession’ Dumps 1,175 Obsolete, Silly Laws”

Wow, more of this please [St. Paul Pioneer Press]:

It’s no longer a crime in Minnesota to carry fruit in an illegally sized container. The state’s telegraph regulations are gone. And it’s now legal to drive a car in neutral — if you can figure out how to do it.

Those were among the 1,175 obsolete, unnecessary and incomprehensible laws that Gov. Mark Dayton and the Legislature repealed this year as part of the governor’s “unsession” initiative. His goal was to make state government work better, faster and smarter….

In addition to getting rid of outdated laws, the project made taxes simpler, cut bureaucratic red tape, speeded up business permits and required state agencies to communicate in plain language.

If lawmakers in Minnesota could identify 1,175 worthless or outdated laws that could be rooted out with little real political resistance, imagine how many other worthless or outdated laws there are that are not so easy to uproot because they work to the benefit of one group or other.

Obama Administration Abuses Executive Power to Pursue Race-Based Government

The administration has apparently decided to combine the alarming developments I chronicled in my last two blogposts, which dealt with racial discrimination in Hawaii and President Obama’s abuse of executive power. In a classic Friday-afternoon news dump – and on the eve of a holiday weekend, no less – the Interior Department issued an advance notice of proposed rule-making (ANPR) to “solicit public comments on whether and how the Department of the Interior should facilitate the reestablishment of a government-to-government relationship with the Native Hawaiian community.” (Our friends at the Grassroot Institute of Hawaii broke the news; it helps that their weekend starts six hours after Washington’s!)

This would be an end-run around both Congress and the Constitution, marking the first step toward the creation of a race-based government in Hawaii. That is, with variations of the Akaka Bill stalled in Congress for over a decade – and Daniel Akaka no longer in the Senate, and congressional Democrats on their heels more generally – the administration has decided that this is yet another area where it can’t wait for the legislative branch. Even setting aside the Fourteenth/Fifteenth Amendment and policy problems with any proposed racial governing body, this brazen executive action raises serious separation-of-powers concerns.

As recently as September 2013, four members of the U.S. Civil Rights Commission wrote a letter to President Obama, urging him not to unilaterally push for a Native Hawaiian government. After extensive historic and legal analysis, the letter noted that “conferring tribal status on a racial group is itself a violation of the equal protection guarantees of the Constitution.” Moreover, “as beyond the scope of Congress’s powers as it would be for Congress to attempt to organize Native Hawaiians as a tribe, we believe it would be doubly so for you to attempt to do so by executive action.”

Quite so. I just wish that the next time the executive branch wanted to piggyback off my ideas, it would pick some reform proposals rather than mixing two blatantly illegal policies I’ve criticizing.

For more, see Roger Clegg at NRO and Grassroot’s continuing investigation

Your Homeland Security Dollars At Work: Tracking ‘Occupy’

Two years ago, a thorough, bipartisan Senate report concluded that the federally subsidized information-sharing hubs known as “fusion centers,” long billed as a “centerpiece of our counterterrorism strategy,” were in fact an expensive boondoggle. Despite being funded by the Department of Homeland Security to the tune of hundreds of millions of dollars over a decade, the centers produced no useful counterterror intelligence and often focused instead on local law enforcement matters unrelated to any legitimate national security purpose.

Confirming that judgment, the New York Times has obtained documents showing how numerous regional fusion centers circulated “threat analysis” reports related to the Occupy Wall Street movement. As the Times reports, many centers circulated memoranda “sometimes describing arrests or disruptive tactics, but often listing apparently lawful, even routine activities” including campus lectures on grassroots organizing and classes on “yoga, faith & spirituality.” One example of intelligence sharing: Officials in Boston apprised the Washington, D.C. fusion center that 15 protesters were headed for the nation’s capital via bus, though reassured them that none of the activists were “known to be troublemakers.” Other reports consisted of little more than searches for “Occupy” copied and pasted from Twitter.

To be clear: There’s nothing inherently illegitimate about a local police department keeping tabs on large upcoming public gatherings–including protests–for prosaic reasons of public safety and traffic management (though it is hard to think of a legitimate reason for them to take official notice of specific individuals speaking on political topics). What’s absurd is that the federal government is throwing “homeland security” funds at institutions that, having proven hilariously incapable of making any contribution to counterterror efforts, instead busy themselves trawling Google for information about political rallies.

Setting up local law enforecement officials to play “intelligence analyst” in a toy spy agency is, as these documents show, a recipe for the very creepiest sort of mission creep—with databases of peaceful political activities classed as “potential threats.” But even leaving aside any concerns about First Amendment–chilling effects, there’s simply no reason for the federal government to be footing any of the bill for local police functions. If, as it seems, fusion centers serve no real homeland security purpose, let’s shut them down and assume municipal cops are perfectly capable of carrying out traditional crowd control functions without help from Washington.

Will Congress Allow Hawaii to Expand Racial Discrimination?

I’ve written before about the curious and recurring desire of some Hawaiians to treat other Hawaiians differently based on the quantum of “native Hawaiian” blood they have coursing through their veins. In 2005, the U.S. Commission on Civil Rights issued a scathing report saying that Hawaii was “in a league by itself” regarding racial discrimination by government entities. Yet again and again, advocates for race-based government and tax treatment seek to push their divisive policies into the most racially integrated state of the union.

The latest such development comes to us in the form of a seemingly technocratic Senate bill, S.1352, the “Native American Housing Assistance and Self-Determination Reauthorization Act,” which was introduced last July and has slowly been making its way through the relevant committees. One particular provision of this dry legislation, when cross-referenced to the underlying law that it reauthorizes, is relevant to the racial shenanigans in the Aloha State. As Hans von Spakovsky describes:

S.1352 has a seemingly innocuous provision, Section 503, which simply re-authorizes the Native Hawaiian Home-Ownership Act through 2018.  You have to dig into the existing federal law to find out that, under 25 U.S.C. §4223(d), Hawaii is exempt from the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964 and the Fair Housing Act when it is distributing federal housing funds made available by the Secretary of Housing and Urban Development to “Native Hawaiians” or “a Native Hawaiian family.”

This exemption means the Department of Hawaiian Home Lands can discriminate in favor of “Native Hawaiians” and a “Native Hawaiian family” and against others such as whites, blacks, Hispanics and Asians. In other words, the federal government is authorizing Hawaii (and providing it with taxpayer funds) to engage in blatant discrimination by providing government benefits for some of its residents and denying federally funded benefits to others based solely on their ancestry and “blood quantum.”