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Thursday, September 24, 2020

Making the Illegal Retroactively Legal

We here in Arizona are voting (again) on the question of whether or not to legalize recreational marijuana. Of course, medical marijuana was the gateway they legalized a few years back. Now they're hoping we'll just take the short step to the dark side. "Come on in; the water's fine."

Now, I don't get it. Colorado reported increases in DWI, emergency room visits, etc. -- the kinds of things you'd expect if you legalize a drug that modifies your brain. We all know it's not safe to drive while intoxicated, only now it is less problematic because, after all, we'll have legalized the substance, right?

But the part I really don't get is this clause that says they will "expunge law enforcement and court records relating to arrests, charges, adjudications, convictions, and sentences" for this stuff. I guess that means that when you were arrested, tried, and found guilty you really weren't and it's our mistake, right? I guess it means they didn't really break the law back when it was illegal, right?

Well, obviously that's not true. It was illegal, people were caught, tried, and legally convicted, all within the law. But truth is not at issue here. And I don't mean "here in Arizona." I mean "here in our world today."

But, look, I don't understand. If we can legalize something and, in the process, legalize its past, why not do it? This would be a great way to decrease prison crowding. Legalize other drugs. Poof! The drug war is over. And, hey, we get the added bonus of all those tax funds going into our coffers. Win-win, right? Legalize murder. Why not? It is already legal to kill the most vulnerable. Why stop there? In fact, if we dropped all those nasty ol' laws, we could drop all those nasty ol' police and it would be a bit of a paradise, right? Well, no, of course not. But people aren't interested in truth or logic or rules. They're only interested in being allowed to do what they want. Oh, not you. No. You don't get to do what you want. You only get to do what they want. Come on; try to keep up. Here, have a puff on this and let's make what was illegal legal retroactively. Why not? We've made people who were respected dishonorable retroactively.

10 comments:

Craig said...

If they're going to retroactively legalize it, then they should retroactively tax it as well.

Legalizing pot is a tough one for me. I've never smoked it, have no desire to smoke it, and believe that there is ample evidence that suggests that it causes long term harm. Yet, we legalize alcohol, which has many of the same downsides and we not only legalize, rely on tobacco for tax revenue.

When I put on my political geek hat, I realize that for the conservative movement to embrace some level of legalized, regulated, and taxed pot, is probably a good political move. Albeit a good political move with dome downsides. I don't think legalization should entail elimination of the penalties, and that standards for those in dangerous occupations need to remain stringent.

From a Christian perspective, it's obviously problematic, and I struggle with reconciling those two sides of things.

I ultimately think that the problem comes with where we draw the line. I personally see pot as much closer to alcohol on the continuum of intoxicants, and can see why that is a reasonable place to draw the line. But, I fear that once we cross that line, that we're opening up the doors for legalizing everything.

But, definitely retroactive taxation.

Stan said...

Yes, I have a personal position on legalizing (or, rather, not), but I'm trying here not to impose that. No one cares. What I'm questioning (as you understand) is the odd logic "If we make it legal now, it was never illegal." So I like your suggestion. "Yes, you're all free to go with a clean record. Oh, and here's your bill for back taxes. Oh, and since you're a tax dodger, you'll need to stay in jail until its paid."

Craig said...

I agree that the legalization position is personal and separate, and that it's a discussion that should probably happen sooner rather than later.

I do like your addition to my suggestion, excellent job.

Stan said...

I realized I actually made my personal opinion public here, but that's in terms of "What's right for Christians?" Obviously I think that what's right for Christians is right for everyone; I'm just not sure 1) if it's all possible for everyone and 2) how much of that I'd think should be law.

Craig said...

I'll pop over and read it, although I suspect that I have a pretty good Idea where you'll come out.

I agree that what should be legal and what's right for Christians are two different discussions. I'd suggest that a Christian could support some degree of legalizing pot as a better public policy option, while still believing that Christians shouldn't indulge.

I do think that one benefit to legalization is that it would regulate the potency of consistency, along with any harmful side effects, which might lead to a "safer" experience for users.

Craig said...

That's where I thought you'd come down. I think that the one big difference between alcohol and weed is that it's possible and reasonable to drink alcohol with out intending to become intoxicated. I've never heard anyone offer any rationale for smoking weed other than to get into an altered mental state.

Craig said...

I wanted to clarify something. I’m purely referring to pot in the recreational sense. If, some components of weed have legitimate medicinal qualities, then by all means process those things into appropriate dosages of appropriate quality, and run them through the FDA approval process.

But I seriously doubt a bunch of teenagers are sitting around in the basement trying to fix their glaucoma.

Marshal Art said...

I was a toker until I got my CDL back in 2009. I never put the bills in a subordinate position to my purchase of weed, but to the extent that I had the discretionary cash, I'd have weed and would partake daily. I preferred it to drinking, as I was close to some I believed should really not drink at all. I also was involved in that which required good body control, and I hated not having that control.

With all that said, I've never supported the legalization of pot. I never thought it should have been outlawed, and certainly not as if it was akin to far worse controlled substances, because it's not. I never thought it was perfectly harmless, as who could think that the lungs were designed for anything but oxygen. And as I understand it is far more potent (and I'd love to have some firsthand experience...just for education purposes, of course), I don't think there's any effort to control that...or at least there wasn't any effort initially.

Outlawing pot was said to have had discriminatory intent back in the day. Something about reducing Mexican immigration, or perhaps even an attack on blacks. While there wasn't much in the way of detailed studies at the time, they simply hyped the negative effects, inventing some of them, in order to deflect from that alleged purpose. I believe from a purely objective perspective, the proper move would have been to do nothing legally one way or the other. Remain neutral on the issue and allow people to make their own decisions about it, especially given it's comparatively benign effect on the user ("recreationally" speaking, that is).

Craig said...

I think there’s enough scientific evidence to question how benign pot is, but it’s certainly more benign that meth. I’m leaning politically towards legalization, while I personally have no desire to partake, nor would I encourage others to.

I tend to think that the criminalization of pot and the sentencing around drug crimes have probably harmed more people than they’ve helped or protected and have disproportionately increased our prison population.

From a purely political viewpoint, I’m thinking Trump would have done well to have made this an issue.

Marshal Art said...

I agree, Craig, but for the slight twist that I think "decriminalizing" was the way to go. That puts it back where it belongs...in neutral territory...rather than implying it is something "good", which legalizing can't help but do.

As to its effects, I never agreed it was a harmless substance. What's more, I even always believed there were some that shouldn't smoke it in the same way I've met enough who should never touch alcohol. The difference is that it ruins motivation (though I didn't have that problem necessarily) for most people, including the motivation to control one's self. That is, to use doobage as an excuse for having engaged in bad behavior is more inane than using booze for that excuse.

I also agree, given how so many feel about weed, that Trump supporting legalization or decriminalization would earn him votes...and likely lots of them. The question then would be one of character...to use such a thing for that purpose. I'd prefer he didn't, as he's enough character issues as it is. However, this would be one time where it would likely work to his electoral advantage. Folks dig their tokes.