A Day Of Liberation In The Golden State
For the third day in a row, marijuana is legally available for both purchase and consumption in California, for purely recreational purposes, to any adult age 21 or older. Also, for the third day in a row: the sky did not fall, the sun still rose in the east, and people are not rioting in the streets. Astonishingly, it turned out to be only an acorn that beaned Chicken Little, and none of the dire hellscapes predicted -- for almost a century -- by the government, the Puritans, and the likes of Nancy Reagan has yet come to pass. It's just another day, in fact, little different from all the tens of thousands of days when marijuana was prohibited.
Of course, this was obvious to anyone who has been paying the slightest bit of attention, since California was not the first such state to take such a radical step. Colorado and Washington have enjoyed legal recreational marijuana sales for years now, and Oregon and Alaska weren't far behind. California is part of the third wave of states to fully legalize, along with Nevada, Massachusetts, and Maine. Over 21 percent of the nation's population lives in these eight states -- over one-fifth of American citizens can now buy marijuana without fear of legal consequences or retribution, in other words. All of these states are now openly defying federal law, which states that marijuana is still always illegal, for all purposes, everywhere in the United States.
Much like Prohibition (of alcohol) before it, though, this is becoming increasingly nothing more than a scofflaw, to varying degrees. It is now easier to keep track of the states which have not legalized at least medicinal marijuana, since there are fewer of them than those that have (21 versus 29 that have legalized some form of medical use). This strikes to the very core of the federal law against marijuana which states that marijuana (or sometimes "marihuana," reflecting the increasingly ancient nature of these federal laws) "has no currently accepted medical use in treatment in the United States." When almost six out of ten states have medicinal marijuana laws on the books, that statement is now nothing short of patently and laughably absurd.
Of course, it is still possible for you to get arrested in California for smoking a joint, but you've really got to try hard for it to happen. If you were stupid enough to travel up to Yosemite National Park and spark up a doobie in front of a park ranger, you would get arrested and tried under federal law for doing so, since the park is federal land. They've even got their own jail and federal judge, so you wouldn't even have to leave to park for this to happen. But short of blatantly smoking weed in front of a federal law enforcement officer on federal land, nobody in California has to fear such a prospect again. Of course, there are still state and local laws banning consumption in public, but it's hard to see the cops caring much except in the most egregious cases ("Please just put out the joint, sir or ma'am, and move along" is much more likely). The federal government might also conceivably attempt to bust growers, middlemen, or retailers, but the sheer size of the market means it would be absolutely impossible for them to even make the attempt at arresting people for merely possessing or consuming marijuana -- hopefully, ever again. Adults in the Golden State can now buy marijuana with only slightly more hassle than it takes to buy a sixpack of beer, a bottle of antihistamines, or a pack of cigarettes. Which is as it should be. Everywhere.
Our country's founding document -- the first time we put on paper what our country and our government should be -- spells this out in no uncertain terms. Governments simply cannot legitimately attempt to take away from anyone the right to live your life, the right to be free, and the right to pursue happiness in any way you choose which does not harm others. Period. Any government which attempts to take away such rights is, by definition, tyrannical and illegitimate, because these rights are guaranteed to all at birth and you can never be separated from them for any reason. If further proof is needed, please look up the dictionary definition of "unalienable." In fact, it wouldn't surprise me in the least to see bumperstickers begin to appear which warn politicians "I smoke marijuana -- and I vote." The People have spoken, by the direct democracy of a ballot initiative, and it is now impossible to ignore their will.
The mainstream media doesn't really know what to make of it all. They run bemused stories which still fall back on stoner humor, or they offer sober assessments of how the new marijuana economy will change things, or they still attempt to warn of the direst of consequences. Almost none of these stories hinge on the aspect of sheer liberation, however.
There is a big difference between marijuana legalization and two other historic political battles for liberation, of course. Both the Civil Rights movement of the 1950s and 1960s and the leaps and bounds gay rights have made in the past decade or so were also struggles for liberation -- both of which have not fully been realized, even today. These fights for equality, though, ran a whole lot deeper than the fight to be left alone to smoke a joint in peace. You cannot change the color of the skin you were born with, and as Lady Gaga will tell you, people don't choose to be who they are sexually, they are born that way. But nobody is a born pot smoker. It's just not an inherent part of a person at birth.
But, much like defeating Prohibition before it, it is indeed a fight for liberation from government tyranny and overreach. Citizens used to regularly be locked up in prison for merely possessing even a trace amount of what is, in essence, just a plant. People were routinely given decades-long prison sentences for having natural plant matter in their possession. Those lucky enough to escape the hoosegow still faced steep fines, the destruction of careers, disqualification for student loans or government housing, and repossession of houses, cars, and money on the momentary whim of police officers -- on a daily basis. Marijuana is reportedly supposed to induce paranoia in its users, but how paranoid is it to be worried about such things when the consequences were so drastic for getting caught? To put it another way: Are you truly paranoid if they really are after you?
In California, people have been wary for decades, of even such a simple thing as discussing marijuana over the phone. So much for freedom of speech, when the cops can tap a dealer's line and record it to use as evidence. Your personal electric bills were open to inspection by the cops as well, to catch "grow houses" using an inordinate amount of electricity for halogen lights. Cops would roll up on houses with heat-vision devices to see which houses were glowing too hot -- another sign of a grow house. Growers had had to move inside due to the thousands of flights of helicopters overhead, searching for illegal farms. They even tossed out the federal Posse Comitatus Act when they formed "CAMP," or the Campaign Against Marijuana Planting, which was a cooperative effort by local, state, and federal troops. In fact, the heavy-handed efforts and outright legal abuses of CAMP were largely responsible for California leading the initial legal pushback against the entire War On Weed. In 1996, California became the first state in the nation to legalize medicinal marijuana, which was the tipping point down the slippery slope towards full legalization we are traveling on today.
Adults in California -- the state's citizens and visitors alike -- now no longer have to worry about their car being confiscated for buying some pot. They no longer have to worry about their license plate being photographed outside a store selling hydroponic equipment. They no longer have to worry about their house being seized for growing a plant or two in the back yard. They no longer cringe when helicopters fly over. They no longer fear arrest, fines, or even imprisonment for possessing this plant.
That is indeed a story of liberation. It is a story of freedom. The freedom from fear. The freedom to say the word "marijuana" on the phone without cops showing up to ask you about it. The freedom not to worry about what the mailman sees when you open the front door to sign for a package. The freedom from any paranoia at all, in fact, whether legitimate or imagined. As F.D.R. might have said: the fear itself of possessing marijuana is no longer to be feared.
It's a new day in California, just as it was a new day in Colorado, Washington, Oregon, and Alaska a few years ago. A day when every adult is totally and utterly free to pursue happiness through the medium of marijuana, should they so choose. And, as I began, the sky has yet to fall. January 1, 2018 has entered the history books in California as a day of liberation for millions, because they no longer need fear the racist, misguided, and tyrannical attempts by government to limit the freedom the Declaration of Independence says we are all born to enjoy. The times they certainly are a-changing, out here in the Golden State.
-- Chris Weigant
Cross-posted at The Huffington Post
Follow Chris on Twitter: @ChrisWeigant
What about the hard drugs like cocaine and heroin?
The so-called war on those drugs is also a failure for reasons that are well understood.
Or does the slippery slope plateau with marijuana?
I hope the rest of the hold-out states in the country soon follow!
Great article, CW! I imagined you writing this with George Michael’s “Freedom” blasting in the background.
I grow Japanese maples as a hobby. I cannot imagine being threatened with prison time because of a plant I want to grow in my home. How can we outlaw something that occurs naturally in our world. Meth requires a chemistry set to create, and the by-products from making it are extremely dangerous to be around. Plus, not all hemp is good for smoking, so outlawing all strains has only hurt us financially.
The fact that our government has continued to display extreme ignorance by claiming pot should be classified as a Schedule I drug should embarrass us all. Then again, we have a Vice President that doesn’t believe cigarettes cause cancer, so maybe I shouldn’t be too shocked by such displays of asshattery.
Liz,
Honestly, we’d be better off if we didn’t outlaw cocaine and heroin, but regulated their production and distribution. Make using and addiction a medical issue instead of a legal issue and you would save countless lives. The war on drugs had nothing to do with protecting the lives of Americans from the effects of drug addiction. It was a political move to scare the populace and keep our focus off of what our government was doing.
Well, Russ, you lost me on that last bit but, I'm all for legalization of the hard drugs. Mostly because I think the only way to tackle this problem is to treat it as the demand problem that it is and not as a supply problem which can't be solved until you take the profit out of it.
I completely agree that it makes so much more sense to treat the use of these drugs and addiction to them as a medical issue.
Did you happen to see the original British version of the film Traffik. That movie made these arguments very effectively.
Maybe the changing attitudes about marijuana will help pave the way toward changing the thinking about all drugs ...
CW: They no longer have to worry about their license plate being photographed outside a store selling hydroponic equipment.
I got my hydroponic equipment directly from Santa Claus himself so I ain't the least bit worried... because I'm growing lettuce in it. ;)
Great article...
I would point out that any place the military is visiting I.E. Fleet Week, an airshow, or any other place the military is having a "meet and greet" is considered to be a temporary military base and as such also falls under federal law.
While there have only been a few cases of arrest at these public oriented events (mostly due to a person being an asshat about it) it is important to remember that the little shelf elf Sessions wants to treat us all like Pokemon and has "gotta get us all". As such, awareness of ones place in reality is always good to note.
I think no good piece on doing the right thing when it comes to the simple herb should go without also mentioning that basic good manners and basic awareness of where one wants to consume is required.
Afterall, with great freedom, comes great sociological responsibility.
You have to wonder if Sessions is basically saying to himself "Lost the marijuana war, but we are not running up the white flag on my watch - let the next AG do it."
I mean, can you imagine the electoral carnage if Sessions opens the door on marijuana as a political hot button before November? He must know that any aggressive actions on his part will meet with howls of protests, and CW will get his long awaited resolve from Democrats "protecting the freedom of people to enjoy an adult pastime without jackbooted government agents attacking them".
He must also know that if, as is considered highly possible, there is a big swing in November and he has stirred up the pot (sorry, couldn't resist), then 45 and the rest of the remaining Republicans will throw him out pronto.
Frankly, his hands seem tied, and he looks like a rather pathetic character at the moment, so I don't think he is even interested in a fight, no matter how many times he watches "Reefer Madness" to get himself jacked up.
In other news, 45 has finally succumbed to reality and disbanded the "I won the popular vote really" committee.
I wonder if his fanboys will also give up the fantasy that there were millions of illegal voters.
Bannon vs. The 45 Clan.
The Breiter vs. the Tweeter in the battle of the 21st Century media platforms.
My money is on the Democrats.
Pass the popcorn.
Michale:
TL;DR.
And if you find this remark puzzling, then I'll just say that I am a mathematician by training and inclination, and I'm thinking in terms of set theory.
Along with all the fun of the bomb Steve Bannon just threw into the political arena, did anyone else notice that:
1.) Senator Orrin Hatch of Utah joined the growing list of Republicans retiring. Most likely to be replaced by the never Trumper critic Mitt Romney.
2.) Trump abruptly cancelled and dismissed his whole inquiry into voter fraud panel, with the instructions to hold onto their documentation because they were all facing multiple lawsuits.
[1] Elizabeth Miller
"What about the hard drugs like cocaine and heroin?
The so-called war on those drugs is also a failure for reasons that are well understood.
Or does the slippery slope plateau with marijuana?"
I think the "crucial" difference there is that most Americans have come to see marijuana like tobacco or alcohol for adults, a personal choice, and that unlike cocaine or heroin, or even tobacco and alcohol, it has never been proven that anyone has ever become addicted to marijuana or died from an excess of marijuana. We tend to draw legal lines for the most part at things with proven harm to people.
As Craig Ferguson is undoubtably saying, it's a great day for America.! When California talks, the other states listen.
This day will be celebrated by countless little bonfires and feeble red illuminaions.
Most fiscally gored parties. Local police and privatized prisons.
Yes, there are risks to recreational pot - but the benefits seem much greater. See alcohol, prohibition.
A gossip column, so believe as much as you want, but pretty hilarious, even if it is just anti-fan fiction:
https://www.hollywoodreporter.com/news/michael-wolff-my-insane-year-inside-trumps-white-house-1071504
neilm
8
I mean, can you imagine the electoral carnage if Sessions opens the door on marijuana as a political hot button before November?
OMG... It just got a whole lot easier to imagine.
[16] neilm: There's certainly nothing in that hollywoodreporter article that rings false!
Supposedly Wolfe has recordings to back up his book. Apparently he really was a fly on the wall and no one there understood what that could lead to. Amazing.
[12] John M: The Voter
SuppressionFraud " panel has been shut down - YAY! - but apparently Kobach is planning to somehow use the Dept of Homeland Security to get the voter info the states wouldn't give him. I hope that gets squashed too.I mean, can you imagine the electoral carnage if Sessions opens the door on marijuana as a political hot button before November?
OMG... It just got a whole lot easier to imagine.
I can't believe even Sessions is this dumb. Talk about handing the Democrats a gift. Will they have the cahones to use it?
Stig [14}
"When CA talks, the other states listen."
Some states likely, but when CA says 'up', my state says 'down', when CA says 'black;, my state says 'white', etc. Around here, we refer to anything out of CA (except non-resident hunting license fees), as "Californication". My state will be the last one to go, if indeed it ever does. Right now, we're having a great time with other peoples'marijuana. We're a little island of illegality in a sea of legality, so our cops are making big $ grabbing stuff in transit along the freeways.
Don- Bob Marley also had a song:
I smoke two joints in time of peace,
And two in time of war.
I smoke two joints
Before I smoke two joints,
And then I smoke two more.
"When CA talks, the other states listen."
Some states likely, but when CA says 'up', my state says 'down'
I think there are two types of influence that CA can have on the rest of the U.S.
One is economic - if CA adopts a regulation or standard then product producers tend to adopt those regulations and other states, and sometimes countries, "inherit" these regulations/standards because it is often cheaper for the producer to have a single offering.
The other is cultural - CA has had a reputation since the late 1960s as being "out there" - a bunch of crazy hippies that don't understand the real world, etc. This means adoption by CA can initially be a negative influence on some other states.
I'd say that, as time goes on, CA is either ahead of the pack (e.g. gay rights, marijuana), off in la-la-land (e.g. gas formulations) or so far undecided (e.g. immigration policy).
With marijuana, I think Sessions' move will escalate this to a national level discussion and I think, given current polls, this will accelerate Federal level acceptance of marijuana and impose a decision on the rest of the states. Personally I expect a lowering of the schedule and widespread acceptance over the next 10 years.
neilm
21
I can't believe even Sessions is this dumb. Talk about handing the Democrats a gift. Will they have the cahones to use it?
Si, tener cojones... or at the very least "man up" using a 50-state strategy.
Oh, and Sessions is that stupid. He "forgot" but now remembers attending a meeting at which George Papadopoulos stated he could help arrange a meeting between the campaign and Putin. He "had no recollection" of the meeting until the indictment of George Papadopoulos was unsealed and the plea agreement revealed.
"I do now recall the March 2016 meeting at Trump Hotel that Mr. Papadopoulos attended, but I have no clear recollection of the details of what he said during that meeting. After reading his account, and to the best of my recollection, I believe that I wanted to make clear to him that he was not authorized to represent the campaign with the Russian government, or any other foreign government, for that matter."
Perhaps in his advanced state of age, Jefferson has simply forgotten the 10th Amendment... you know... of the Constitution of the United States. :)
Kick:[21] "..to the best of my recollection, I believe that I wanted to make clear to him..."
translation: '..don't hold me to this, but I might have forgotten to tell him...'
When Sessions is lying, his sentence construction becomes very formal. Call it the Southern strategy. The time to be most skeptical of Sessions is when he sounds like an antebellum stereotype.
JEFF SESSIONS UNLEASHES FEDERAL PROSECUTORS ON LEGAL MARIJUANA
The Justice Department is rolling back Obama-era rules that allowed states to cultivate legal marijuana industries.
By Ryan J. Reilly and Nick Wing
WASHINGTON ? Attorney General Jeff Sessions, a vocal and longtime opponent of marijuana, will allow the nation’s top federal prosecutors to decide how to handle marijuana cases in states where the drug has been legalized.
The Justice Department decision, announced on Thursday, immediately caused chaos in an industry that has been growing in recent years as some states have embraced marijuana legalization, and sent stock prices of large cannabis companies nosediving as much as 35 percent. It will likely leave those in legal marijuana businesses uncertain whether the U.S. attorney in their district will resume enforcing federal law, which still regards marijuana as illegal.
Sessions rescinded four memos issued during the Obama administration that outlined guidelines to help federal prosecutors decide whether to enforce laws against marijuana growers and sellers in states where the drug is legal. The guidance effectively discouraged federal prosecution of those who were following state laws.
“It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law and the ability of our local, state, tribal, and federal law enforcement partners to carry out this mission,” said Sessions. “Therefore, today’s memo on federal marijuana enforcement simply directs all U.S. attorneys to use previously established prosecutorial principles that provide them all the necessary tools to disrupt criminal organizations, tackle the growing drug crisis, and thwart violent crime across our country.”
One Justice Department official called Sessions’s decision a “return to the rule of law.” But DOJ officials struggled to explain the implications of the policy in a background briefing with reporters on Thursday. A senior department official said Sessions’ new memo removes the “de-facto safe harbor” that existed under Obama policy.
Notice that Sessions pushed the decision down to the prosecutors, rather than take personal political responsibility for a crackdown. That's a man trying to cover his ass, folks.
[18] Kick
"neilm
8
I mean, can you imagine the electoral carnage if Sessions opens the door on marijuana as a political hot button before November?
OMG... It just got a whole lot easier to imagine.
[21] neilm
I can't believe even Sessions is this dumb. Talk about handing the Democrats a gift. Will they have the cahones to use it?"
Sessions is that stupid. Sessions just announced he is rescinding all 4 Obama era memos regarding enforcing federal laws in states that legalized marijuana. One wonders if he even consulted Trump who had argued in favor of a states rights position on the subject.
neilm-24
"The other is cultural"
Nothing affects US culture more quickly than mass entertainment, which is largely written, produced, and marketed to everybody else from California. Writers tend to write about what they see (or think they see). How did teenage kids in the 60s and 70s find out about hippies? Mostly TV & movies.
I expect an avalanche of electronic entertainment (comedy, drama and documentary) flowing from CA and focusing on the new and exiting medical/recreational cannabis industry. Sitcoms, dramas and documentaries.
I can imagine a revisit of the old Green Acres sitcom. A big city lawyer and his glamorous Slovenian wife leave NYC for rural Ohio to grow marijuana and hemp related byproducts. Pity Donald and Melania Trump are busy, they'd be perfect in the lead roles.
https://www.youtube.com/watch?v=wzT1kO_-xbQ
Nothing affects US culture more quickly than mass entertainment, which is largely written, produced, and marketed to everybody else from California
Good point, although how influential is the CA machine in a world with social media and media bubbles?
Good point, although how influential is the CA machine in a world with social media and media bubbles?
Where is all that social media framework being built, designed and run from?
[30] TheStig
"I can imagine a revisit of the old Green Acres sitcom. A big city lawyer and his glamorous Slovenian wife leave NYC for rural Ohio to grow marijuana and hemp related byproducts."
Fun fact. Actually it was either rural northern Arkansas, possibly southeastern Oklahoma, or most probably rural southern Missouri. Green Acres, and Petticoat Junction took place in the same state, and The Beverly Hillbillies moved to California from the same area, which we explicitly know was stated to be from the Ozarks, along with Granny being originally from Tennessee.
neilm-31
"how influential is the CA machine in a world with social media and media bubbles?"
That is also a good point.
Judging from all the movie & TV references I see on social media, I think the CA entertainment machine is still very influential. Social media seems to me more like a filter and amplifier of traditional film and video content. Not that the filter/amp isn't influential, (It enabled Trump) but it needs capital and talent intensive content to feed on. Which is a fancy way of opining social media is a bottom feeder in the information food chain.
Bashi-32
You also raise good point. There is plenty of ad and data mining money to be made supporting the vast network of bottom feeding social media contributors living in the internet.
Steedo [23] -
Actually, it was written by "Sublime", but the most well-known version of it was by the Toyes. Tune in to KFOG radio (San Francisco) each and every Friday at 5:00 PM, they've been welcoming in the weekend with it for decades, now...
Favorite line:
"Would you rather smoke two joints or do your homework? / I knew you were going to say that!"
Heh.
-CW
Another political blogger I follow, Chris Ladd, basically said the following about Sessions move:
1. It is political theater
2. Congress in 2014 stepped in to deny funding for prosecutions of state-legal drug activities., commonly referred to as the Rohrbacher-Farr Amendment.
3. Federal prosecutions against state-legal marijuana producers were already fading away before the instructions from the DOJ that Sessions recinded. We were reaching the point where juries couldn’t be bothered to care about these activities and politicians were intervening with more and more force to thwart federal prosecutors.
You might want to read the whole post:
https://www.politicalorphans.com/dont-let-sessions-harsh-your-buzz/
John M-33
I relocated my proposed remake to Ohio in homage to Bellbrook Ohio. I grew up about 4 miles due west in the 1960s. The sets of Green Acres closely resembled some of the abandoned farms and farm machinery surrounding Bellbrook at the time. This was noticed by wise asses such as myself and my school friends. And my father, who would hum the GH theme on certain county roads.
In addition, Jonathan Winters was from Bellbrook and based many of his surreal running characters on his neighbors. Winters' popular characters were very much like the ones on Green Acres.
Finally, GreenAcres or Greenacres is a common place or trade name in Ohio. A golf course, road, canoe livery, truck garage, a charitable foundation and a bar all bear one or the other variant.
The BellBrook area has gentrified and is very nice these days.
CW- Thanks for the inside info, I recall the Toyes version from LA rock radio in the late 80s but did not know the origin. So take a break, hard work good, hard work fine, but first take care of head.
TS
30
I can imagine a revisit of the old Green Acres sitcom. A big city lawyer and his glamorous Slovenian wife leave NYC for rural Ohio to grow marijuana and hemp related byproducts. Pity Donald and Melania Trump are busy, they'd be perfect in the lead roles.
I liked your link a lot, but I readily confess that when I clicked upon it, I was actually expecting to see this:
https://youtu.be/sy0KoDvvhF4?t=10s
:)
TS
30
I can imagine a revisit of the old Green Acres sitcom. A big city lawyer and his glamorous Slovenian wife leave NYC for rural Ohio to grow marijuana and hemp related byproducts. Pity Donald and Melania Trump are busy, they'd be perfect in the lead roles.
I liked your link a lot, but I readily confess that when I clicked upon it, I was actually expecting to see this:
https://youtu.be/sy0KoDvvhF4?t=10s
:)
Kick-40
I hardly watch any broadcast TV and didn't see the Emmys. A funny, but I'm a bit disappointed in the execution. A pitch (im)perfect BLOTUS but where is the Melania FLOTUS? The NYC accent blocks the metaphor...or maybe the meme. :)
Kick 40: It's quick, but he gets kissy at the end...