Cannabis Sense

Common sense about medical marijuana. What would Publius say about cannabis?

Wednesday, October 04, 2006

A Veto of Common Sense

Governor Arnold Schwarzenegger vetoed a bill on September 30, 2006 that would have allowed farmers to grow hemp. The reported reason for the veto: the law enforcement lobby would get confused. Apparently, the law enforcement lobby cannot discern the difference between marijuana and hemp. This is hardly surprising given the fact that the law enforcement lobby cannot tell the difference between medical marijuana and non-medical marijuana.

The difference between medical cannabis and non-medical cannabis is the difference between night and day. On the one hand: a person possesses, cultivates, or distributes marijuana under the supervision of a licensed physician. The environment is comprised of seriously ill people. On the other hand: there are no physicians involved and there are no sick people around. Plus, the voters have not sanctioned the conduct in a free and fair election.

Clearly the distinction between medical marijuana and non-medical marijuana is clear. Amazingly, however, it is not obvious to the likes of San Diego County, San Bernardino County, Merced County, and Riverside County. These counties are as confused as the law enforcement lobby. They cannot tell the difference between medical marijuana and non-medical marijuana. Nevertheless, they still should be able to tell the difference between herb and hemp.

Indeed, the difference is the same as the difference between man and woman. Men look of a certain type; women of another. These types look by nature and are self-evident to any rational human being. Likewise, herbs are flowers whereas hemp is a fibrous stalk. The two plants look quite distinct in form. One buds, the other doesn’t. Moreover, medical marijuana patients cannot find relief from serious illness by ingesting hemp. No one gets “high” from hemp.

Despite the facts and the cost to the common good, the law enforcement lobby desires power; therefore, Governor Schwarzenegger, who shares their desire, i.e., money and “influence,” recently vetoed a bill that would have allowed farmers to grow hemp. George Washington grew hemp legally, but Californians can still only do so illegally. Why? Because the Federal Government has not recognized either medical marijuana or hemp since 1937—except when World War II demanded hemp, then they recognized hemp. But then there was money in it, now there’s more money in prohibiting it. Accordingly, lobbyists win while sick people and farmers lose.

In 1996, the voters of California wisely recognized the medical use of marijuana. Why wisely? Because medical marijuana was originally outlawed in California for racially suspect reasons. Californians didn’t like “Hindoos,” so they criminalized a plant doctors considered (and still consider) to be medicine. Thus, in 1996 the voters of California wisely returned to the policy model that existed prior to the racism of the early 1900s, i.e., the voters returned California to a policy of common sense.

One would think that a guy who is on video enjoying marijuana in a 1970s weight-room would appreciate common sense. Unfortunately, the candidate has proven to be different from the office-holder. The common sense that knows doctors should be in charge of sick people also knows that farmers are different from drug dealers. Moreover, common sense knows that the marketplace is the best arbiter of the value of hemp. Contrarily, Governor Schwarzenegger does not know these things. He and the law enforcement lobby are confused. They lack common sense. Instead of embracing it, they veto it.

To be clear: there is nothing wrong with police officers or that guy from the 1970s. The problem is demagoguery and the current narcotics lobby. They both want to profit from continuing to allow the police to try to protect people from themselves. By nature, individuals are born free; though it is necessary to give up some liberties to government for the sake of gaining security, it is not necessary or proper for the government to interfere with the doctor-patient relationship or the right of farmers to plant a crop. The youth are not served when they see their government criminalizing their doctors and their farmers, not to mention their sick relatives or, most importantly, themselves.


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.

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