Thomas wrote:So, in returning to drug legislation, my standard would be strict scrutiny for any infringement of liberty, civil or economic. Convince me that "war on drugs" tools like the controlled substances act, civil forfeiture, etc, are narrowly tailored to serve a compelling government interest, and I won't bother you with my objections again.
Well, the enforcement measures that you mention, such as civil forfeitures, are pretty common in conjunction with strict prohibitions, so if you don't like the latter it would be pretty surprising if you liked the former.
Thomas wrote:Simply from looking around the people I know, I'd say it's about as firmly entrenched in American society as prostitution, which, like Marijuana, is illegal in the US (most of the US anyway). And just as an aside, I will note that prostitution is legal in many European countries including Germany. The sky isn't falling there either. As to the historic aspect of ""deeply entrenched"I have read peer-reviewed historical studies, admittedly non-webbed, which found that hemp used to be a widespread crop throughout Germany, and that smoking it in pipes has been common practice among German farmers for centuries. I haven't read any comparable studies about Americans yet, but I would be surprised if the pleasures of smoking hemp had escaped them.
And I'd be rather surprised if marijuana smoking was as "widespread" among German farmers as your studies would suggest. In any event, even if the German
Bauernstand was habitually stoned on weed, that doesn't mean that marijuana usage was as deeply entrenched in Western culture as alcohol usage. Just because one particular segment of society used marijuana doesn't make it commonplace among society in general. I'm sure both
Bauer and
Burger drank alcohol, even if only the former took the occasional toke.
Thomas wrote:Of course, non of this adresses my central point: America is a free country, where I don't have to justify why I want something to be illegal. You're the one who wants to criminalize, so the burden of proof is on you. Why is it a compelling government interest
For many of the same reasons that we impose strict regulations on alcohol consumption. It is beyond doubt that marijuana causes some of the same kinds of effects as alcohol (if it didn't, nobody would smoke it) -- loss of certain motor abilities, impaired judgment, etc. If there's a compelling governmental interest in regulating the consumption of alcohol, there's an equally compelling governmental interest in regulating the consumption of marijuana.
Thomas wrote:No -- and you will note that I never accused you of hypocricy, and explicitly stated that consistency isn't what's important here. The important thing is that the case of alcohol shows that management works just fine, so there is no real need for eradication.
Management is clearly a second-best option. Ideally, we should want to eradicate or suppress these kinds of problems rather than simply manage them. As I said before, just because we have one problem, that doesn't mean that we should be content with having two.
Thomas wrote:I disagree, because you can eradicate a beetle without infringing on people's liberties.
I see you missed the point of that analogy almost as completely as
Setanta. I can only hope that you got half as much amusement from it as he did.
My point was simply to show that, given two nearly identical problems, one of which was entrenched and the other which was merely nascent, we need not be constrained to deal with them in similar ways. In other words, just because we can't eliminate one problem doesn't mean that we
shouldn't eliminate a similar problem.
Thomas wrote:But you can't eradicate Marijuhana smoking without infringing on people's liberty of ingesting whatever the hell they want to. Indeed, the fact that you find the cases even comparable suggests to me that individual liberty ranks fairly low on your list of political priorities.
No, individual liberty rates fairly high with me, but it doesn't blind me to the fact that we can still treat alcohol and marijuana differently.
Thomas wrote:I see no historical or sociological reason to believe this is true. But I won't dwell on it, since it's not the major prong in my disagreement with you.
Well, I think it's a major disagreement between us, but let's not disagree about that.