Op/Ed - William F. Buckley
CULTURE CLASH
Tue Nov 30, 7:59 PM ET Op/Ed - William F. Buckley
By William F. Buckley Jr.
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The issue, of course, is whether individual states can legislate with regard to drug laws if the federal government has already staked out a position on the matter.
We have very concrete circumstances here: 35 states grant exemptions of one kind or another to producers, retailers, consumers, cons and ex-cons involved with cannabis. The arguments made before the Supreme Court were blissfully simple, in one respect. What the government lawyers argued was that the states were in violation of the Constitution, which gives to Congress, and only to Congress, authority to regulate commerce. Accordingly (they argue) all those state laws are stuff and nonsense. One jurist wants even more: He wants punitive action taken against those states that, acting on their various plebiscites and propositions, have been less than rigorous in enforcing the anti-narcotics laws.
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( Re: Medical Marijuana) the scientists have a hard time here, because it is difficult to argue with a flesh-and-blood human being who says take your effing placebo and run it up your behind. A colleague of mine, the author of four outstanding books on American history, put it roughly like this: I am telling you I tried the placebo, and I tried marijuana. I continued wretchedly sick with the fake stuff and hugely solaced by the grass. I am an honors graduate of Yale University, politically a conservative opposed to drug legalization and please leave off the cant about how it doesn't make any difference, because I had cancer, and it does.
The complications in a comprehensive ban are manifest. What is the proper punishment for the mother who brings a reefer to her son's cancer bed?
And there is the putative respect paid to the medical community. Does the article in the Constitution that gives Congress the right to regulate commerce extend to writing law on the uses of a drug, given that medical experience is uniquely qualified to pass on such questions?
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