That’s the title of an article that I have co-authored with the Cato Institute’s Trevor Burrus, in a symposium issue of the Harvard Journal of Law & Public Policy. The symposium is “Law in an Age of Austerity,” and includes contributions from Charles Cooper (Treasury Dept.’s authority to index capital gains for inflation), John Eastman (state […]
Archive | War on Drugs
“Obama Has Become More Hostile to Medical Marijuana Patients than Any President in U.S. History”
The Marijuana Policy Project’s Rob Kampia writes: During the 2008 campaign, Barack Obama raised hopes among those who support medical marijuana by pledging to respect state laws on the issue. But his administration has reversed course and massively escalated the federal government’s attacks on medical marijuana businesses, most of which are legal under their states’ […]
Rev. Pat Robertson Calls for Marijuana Decriminalization
The NYT reports: “I really believe we should treat marijuana the way we treat beverage alcohol,” Mr. Robertson said in an interview on Wednesday. “I’ve never used marijuana and I don’t intend to, but it’s just one of those things that I think: this war on drugs just hasn’t succeeded.” Mr. Robertson’s remarks echoed statements he […]
Marijuana Federalism
An initiative to legalize possession of 1 ounce or less of marijuana qualified for the November ballot in Colorado yesterday. The initiative only legalizes possession for those 21 or older, and would also make it legal to grow up to six marijuana plants in one’s home and decriminalize the licensed sale of marijuana, subject […]
From “First to Worst” on Medical Marijuana
From Rolling Stone, a report on the Administration’s escalation of the federal government’s campaign against medical marijuana. It begins: Back when he was running for president in 2008, Barack Obama insisted that medical marijuana was an issue best left to state and local governments. “I’m not going to be using Justice Department resources to try to […]
Execute Those Who Import Marijuana?
In 1996, then-Speaker of the House Newt Gingrich introduced the Drug Importer Death Penalty Act which, as the name implies, would have imposed the death penalty on those who imported a sufficient amount of marijuana or other illegal drugs into the United States on more than one occasion. (Hat tip: Ezra Klein)
My Upcoming University of Chicago Federalist Society Talk on the War on Drugs
On Tuesday, January 10 at noon, I will be speaking on the War on Drugs at a panel organized by the University of Chicago Law School Federalist Society. I will discuss the ways in which the War on Drugs undermines constitutional federalism, some of the harm it inflicts on our society, and recent changes in […]
Question Drug War, Lose Law Enforcement Job
The NYT profiles two law enforcement officers — a border patrol agent and a probation officer in Arizona — who lost their jobs because they questioned the wisdom of drug prohibition. One signed a letter sponsored by LEAP (Law Enforcement Against Prohibition), the other just expressed doubts to co-workers about keeping marijuana illegal. Both are […]
Two Governors Seek Reclassification of Marijuana
The NYT reports that two governors, Washington’s Christine Gregoire and Rhode Island’s Lincoln Chafee, have petitioned the federal government to have marijuana reclassified as a Schedule II substance under the Federal Drug Control Act. The reclassification would mean recognizing that marijuana has acceptable medical uses, and would be a step toward protecting medical marijuana use […]
How the War on Drugs Creates Perverse Incentives for Police
By Ilya Somin on November 25, 2011 10:59 pm in Asset Forfeiture, Criminal Law, Property Rights, War on Drugs
Radley Balko has an interesting piece at Huffington Post on the ways in which the War on Drugs creates perverse incentives for police departments: Arresting people for assaults, beatings and robberies doesn’t bring money back to police departments, but drug cases do in a couple of ways. First, police departments across the country compete for […]
University of Arkansas Panel on the War on Drugs
This Monday at noon, I will be taking part in a Federalist Society panel on the War on Drugs at the University of Arkansas School of Law. Joining me will be University of Arkansas lawprofs Mark Killenbeck (constitutional law) and Laurent Sacharoff (criminal law). This is a very timely event because both public and elite […]
Public Support for Marijuana Legalization Hits 50% for the First Time
A new Gallup poll shows that public support for legalizing the possession of marijuana has now hit a record-high 50%, up from 46% last year [HT: Tom Angell of Law Enforcement Against Prohibition]. Forty-six percent still oppose legalization. This continues a longstanding trend under which support for legalization has gradually but consistently risen from 12% […]
Expanding the War on Drugs Abroad
The House Judiciary Committee recently passed a bill that would make it a crime for Americans to plan or even discuss any activities abroad that would violate federal drug laws if they occurred in the US – even if the acts in question are completely legal in the countries where they actually take place. Radley […]
Scalia on the Federalization of the War on Drugs
Justices Stephen Breyer and Antonin Scalia testified before the Senate Judiciary Committee yesterday. Scalia made the interesting argument that the creation of numerous federal drug crimes has reduced the quality of the federal judiciary: Testifying before a Senate committee Wednesday, Scalia blamed Congress for making federal crimes out of too many routine drug cases. In […]
Obama and the War on Drugs
In this Reason article, Jacob Sullum documents the Obama administration’s disappointing record on the War on Drugs. Although as a Senator and presidential candidate Obama expressed strong support for liberalizing drug laws, as president he has done almost nothing on that score, and in some areas he has even tightened up enforcement. The administration has […]