Conservative Case for Drug Legalization: Marijuana

When Bill Buckley came out for drug legalization and declared the “drug war” a failure, the issue of drug legalization ceased to be a left-right issue. Mr. Buckley wrote, “So what has the drug war done? It has made a mockery of an anti-drug law that is simply ignored by millions; it has induced violent felonies in pursuit of drug profits; and it is self-evidently powerless to do anything about the recent increase in marijuana use by reckless adolescents.”

Mr. Buckley makes the conservative case against the drug war by evaluating “The practicality of a legal constriction, as for instance, what those states ought to do whose statute books continue to outlaw sodomy, which interdiction is unenforceable, making the law nothing more than print on paper.” He added, “I came to the conclusion that the drug war was not working, and that it would not work absent a change in the structure of the civil rights to which we cling as a valuable part of our patrimony.” We need to calculate the cost to society by outlawing drugs and weigh it against its legalization.

The active ingredient in marijuana is legal and marketed as Marinol, an effective anti-emetic agent and weight gain enhancer. When many individuals pushed for the use of marijuana for medical use, it was based on the sound science done with Marinol and as well as personal experiences. Most people who have smoked marijuana do report an increase in appetite and many cancer patients have found the illegal substance useful in reducing the nausea and vomiting that accompanies chemotherapy.

Nearly 70 million people over 12 years old have experimented with marijuana or hashish at least once in their lives and 5% are “current users." That represents nearly 15 million Americans and most users range between 18 and 25. (Usage plummets after the age of 34; when children, mortgages, and jobs blunt the appeal of bonging.) As National Review editor Richard Lowery comments, “it makes little sense to send people to jail for using a drug that, in terms of its harmfulness, should be categorized somewhere between alcohol and tobacco on one hand and caffeine on the other hand." Nearly 700,000 Americans are arrested for marijuana offenses and close to 80% of these arrests are for possession. Like alcohol prohibition in the 1920’s, marijuana prohibition is becoming unenforceable and reducing respect for the law.

Many members of the Baby Boomer era and their children have used marijuana and here is an irony. During the Prohibition period of the 20’s, when alcohol was illegal, marijuana was legal. Alcohol prohibition was a progressive cause due to the significant abuse seen with alcohol at the turn of the century. The biggest supporters of Prohibition were women, who did not like to see the family income going to alcohol. Alcohol was blamed for poverty, crime, insanity and degeneracy. Prohibit alcohol and you will empty the jails and poorhouses. No sooner than Prohibition was passed, Americans regretted the noble experiment.

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  • 1 - Mark Edward Manning

    Jul 04, 2005 at 7:12 pm

    Very good post, Tom. As a conservative who hates the War on Drugs myself, there's nothing here I could find to argue with.

  • 2 - Big Time Patriot

    Jul 04, 2005 at 8:39 pm

    The war on drugs is only possible through Big Government and Government Interference With Personal Sovereginty. I could never figure out why conservatives would be for an intrusive and costly war on drugs. If we can't protect the environment through methods such as Kyoto because it would "wreck the economy" then why are we wasting money trying to protect people from drugs by building more and more prisons? That is not helping the economy much either.

    Of course, ending the war on drugs could prove devestating to Afghanistans economy.

  • 3 - Michael Frager

    Jul 04, 2005 at 8:39 pm

    Great article!!

    Give marijuana basically the same legal status as alcohol and that will solve all the problems!

  • 4 - CCCCP.org

    Jul 04, 2005 at 9:28 pm

    Good luck getting prohibitionists to concede any of these points. Copy and paste the links below into your browser's address field to check references.

    Our government admits that after marijuana users were targeted for prosecution in the mid 1980s, heroin use rates increased drastically among eighth graders. Today, youth prescription, hard drug and solvent huffing abuses have soared to frighteningly high levels.

    All this occurs despite, or perhaps thanks to false advertising from Office of National Drug Control Policy suggesting that heroin, crack and tobacco cigarettes are as safe or somehow safer than a joint.

    (www.ktvu.com/station/4449235/detail.html , www.mediacampaign.org/mg/print/ad_ashtray.html )

    Meanwhile, the very officials sworn to protect and defend us all will look you in the eye from their perch at C-Span and swear that approved drugs are safer than pot. Of course, drug manufacturers support such false claims, even as they make billions covering up harm from dangerous and defective products that kill over a hundred thousand citizens every year.

    (www.taf.org/top20.htm , library.findlaw.com/2000/Nov/1/130252.html , www.drugfree.org/Portal/About/Partners/list.aspx )

    On June 16th, newspapers across the country published a George Will column in which ONDCP director John Walters admits marijuana is non-toxic and compares the fight against terrorists to finding a needle in a haystack, yet insists federal resources should still be targeted against American cannabis consumers.

    (www.mapinc.org/drugnews/v05/n969/a04.html , www.mapinc.org/drugnews/v05/n967/a02.html )

    The truth is that a war on otherwise law abiding citizens over pot is akin to burning that haystack, while ignoring the needle.

    Backed by the full force and weight of the federal government (www.whitehousedrugpolicy.gov/publications/policy/budgetsum04/ ), Mr. Walters apparently feels confident in his deceptive mantras and straw man arguments.

    Even as we pay for a war that benefits oil interests and foreign opium traffickers, we are told by our own President that "the freedom we defend is meant for all men and women, and for all time." Apparently, those charged with securing the homeland have missed the message:

    (www.mapinc.org/drugnews/v05/n929/a06.html?397 )

    It is up to us to expose such waste and fraud as immoral, and unlawful:

    U.S. Constitution Article III, Section. 3. Clause 1:

    Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

    - - -

    Today, after nearly four years since 9/11, the American people still do not know that thousands of lives can be jeopardized under the unspoken policy of 'protecting certain foreign business relations.' The victims family members still do not realize that information and answers they have sought relentlessly for almost 4 years has been blocked due to the unspoken decisions made and disguised under 'safeguarding certain diplomatic relations .'

    - Whistle Blower Sibel Edmonds, June 20, 2005

    http://www.justacitizen.com/articles_documents/FBI%20&%20911.htm



  • 5 - Kirk Muse

    Jul 04, 2005 at 11:03 pm


    These people who call themselves "drug warriors" are low-life opportunists who know that prohibition doesn't work.

    They know that prohibition makes our nations drug problem worse--much
    worse. Our drug war cheerleaders know that marijuana prohibition doesn't protect out children but rather puts our children in much greater danger by exposing them to drug dealers who often
    sell other much more dangerous drugs like heroin and methamphetamine--and offer free samples to their marijuana customers.

    These so-called "drug warriors" don't want to win the war on drugs--they want the drug war to continue and to expand. And it has.

    I'd like to add that I have personally never seen heroin, cocaine or meth except on TV. However, I was frequently
    offered free samples of these dangerous drugs when I was a user of marijuana which is more than 15 years ago.

    Fortunenatly, I turned down all offers of free samples of other drugs.
    Unfortunenatly, many other do not--thus the "gateway effect."

  • 6 - alpha

    Jul 05, 2005 at 1:18 am

    William F. Buckley is why I consider myself a conservative and the anti-drug crusaders and prolife zealots the radicals.
    The drug war has done nothing good to slow the use of dangerous drugs.
    It has made a lot of rich people richer.
    It has made some poor people richer.
    It helped a lot of people become poorer.
    It has, through US influence, destabilized a number of countries which then saw horrible and disgusting effects as the forces of anti drug legality fought the indigenous peoples with their disappearing and death squads.
    It has helped bring the US economy down by spending billions on a useless fight that has merely made the minions of the law part of the drug trade or merely more violent and without the moraliy they were charged with protecting.
    As William F. Buckley would say, it is time for the country to come to its senses before it loses itself in an unwinnable so-called war against itself.

  • 7 - Matthew T. Sussman

    Jul 05, 2005 at 1:24 am

    Alcohol was blamed for poverty, crime, insanity and degeneracy. [in reference to the 1920s]

    It still is a large factor.

    Question for all: There's a big difference between legalization and decriminalization. Which one are you preferential towards?

  • 8 - Curtis Canfield

    Jul 05, 2005 at 3:27 am

    This is the best written article I have read on the subject to date. I believe Americans need the truth. The solution for our country lies in removing old stigma surrounding this herb. Then provide the public accurate information about cannabis and it's uses. In 5 years the whole thing will seem as ridicules as bottled water. Avian=Naive (backwards)

  • 9 - CCCCP.org

    Jul 05, 2005 at 7:16 am

    Without question, alcohol is a poison that has been abused by many in society.

    However, when alcohol was prohibited, per capita homicides and youth abuses rose drastically along with the availability of illicit and often deadly substitutes.

    www.eh.net/encyclopedia/?article=miron.prohibition.alcohol

    www.cato.org/pubs/pas/pa-157.html

    There can be no question but that today's war on drugs has had a similar, if not identical effect.

    In fact, under U.S. pressure, world 'leaders' have chosen to suppress evidence of the harm from such fraudulent policies:

    2005: anti-drugs report showing drug war benefits criminals suppressed:

    www.mapinc.org/drugnews/v05/n1073/a02.html

    www.mapinc.org/drugnews/v05/n1073/a05.html

    read the report here:

    image.guardian.co.uk/sys-files/Guardian/documents/2005/07/05/Report.pdf

    1998: WHO covers up cannabis report:

    www.mapinc.org/drugnews/v99/n180/a05.html

    www.mapinc.org/drugnews/v99/n308/a04.html

    2005: Prohibitionist NIDA researcher admits marijuana associated with REDUCTION in lung cancer:

    www.counterpunch.org/gardner07022005.html

    Those tempted to dismiss such evidence of drug war harm consistently and disingenuously omit factual evidence that contradicts their position.

    Drug war IS crime. Fight it, or have another drink.

  • 10 - Andy Moon

    Jul 05, 2005 at 12:26 pm

    Personally, I prefer regulation to decriminalization. Decrim keeps all of the harm in having sales and distribution illegal while not taking advantage of the benefits that trackable sales and taxation would give. I don't like the term "legalization" per se as it evokes visions of drugs in vending machines. What I want is hard core regulation of some of the more dangerous chemicals we know of.

  • 11 - andy marsh

    Jul 05, 2005 at 12:42 pm

    I say legalize it, tax it like alcohol and there'll never be a deficit again!

  • 12 - Victor Plenty

    Jul 05, 2005 at 12:43 pm

    And nuclear power will be too cheap to meter!

  • 13 - Eric Olsen

    Jul 05, 2005 at 12:48 pm

    super Tom! tax and regulate I say

  • 14 - WTF

    Jul 05, 2005 at 3:56 pm

    Lyndon LaRouche wrote a book years ago, while in under the employ of the Nixon administration. The book Dope Inc... exposed the fortunes and who those fortunes belonged to in the early 1970's. LaRouche was blacklisted by the Nixon camp, the IRS was sent to destroy him, and the book claimed a fraud. But what an eyeopener. A simple search on Google will bring the necessary information up, for the curious.

    Pro or Con? Neither, give people a chance to fuck up their health and they'll do it, or not, despite laws.

    So why punish for youthful indescretions?

    I predict that MADD will have a field day.

  • 15 - Margaret Romao Toigo

    Jul 05, 2005 at 5:05 pm

    We don't need to "legalize" illegal drugs, we need to regulate unregulated drugs.

  • 16 - Mark Edward Manning

    Jul 06, 2005 at 12:04 am

    Matthew T. Sussman: "Question for all: There's a big difference between legalization and decriminalization. Which one are you preferential towards?"

    Decriminalization. The model in the Netherlands, which I have experienced and studied in person, is perhaps the best approach to marijuana.

  • 17 - Matthew T. Sussman

    Jul 06, 2005 at 2:44 am

    Another open question: If marijuana becomes a regulated drug, is it more or less dangerous than alcohol?

  • 18 - Iana

    Jul 06, 2005 at 5:42 am

    It is a federalist issue. Notice that conservative legislators vote for the drug war because they make it an emotional, law and order issue. Democrats can be counted on to ‘talk’ about ending it.
    While on the Supreme Court, conservatives can't rationally justify the drug war i.e.: Raich vs Ashcroft/Gonzales, and liberal justices find mendacious 'New Deal' rulings to perpetuate the war on drugs.
    It is a federalist issue because republicans and democrats don't even have the will to be consistent on it!

  • 19 - Margaret Romao Toigo

    Jul 06, 2005 at 8:18 am

    Marijuana is far less toxic and intoxicating than alcohol. About 1500 people die of alcohol poisoning (overdose) every year. In over 5000 years of recorded history, not one single person has ever died from a marijuana overdose.

    Think about it. Have you ever overindulged in alcohol? How did that feel? Now, Have you ever overindulged in marijuana? No? Was that due to a lack of effort?

    Alcohol is a hard drug, marijuana is not.

  • 20 - andy marsh

    Jul 06, 2005 at 8:20 am

    Overindulged in Marijuana? Is there such a thing?

  • 21 - Margaret Romao Toigo

    Jul 06, 2005 at 8:23 am

    "Overindulged in Marijuana? Is there such a thing?"

    Such a thing has been attempted numerous times without success.

  • 22 - andy marsh

    Jul 06, 2005 at 8:25 am

    That's pretty much what I've "read"...you can really only get so stoned!

  • 23 - Margaret Romao Toigo

    Jul 06, 2005 at 8:44 am

    It's true. I've "read" that its called "peaking" and that once that point is reached, smoking more is just a waste of stash.

    And while we're at this, I have to disagree with one of the numbers in the article.

    Sales of paraphernalia are over $1 billion per year (the only related industry that can be somewhat tracked because it is in a legal gray area), if there are only 15 million cannabis consumers in the US, then each of them must have 1000s of bongs. A more realistic estimate is 30-40 million.

  • 24 - andy marsh

    Jul 06, 2005 at 8:54 am

    Is it peaking or forgetting where you put your stash?

  • 25 - The Duke

    Jul 06, 2005 at 9:05 am

    Why does the PR machine always use the term "the war on" this or that?

    The war on drugs.
    The war on poverty.
    The war on health care.
    The war on terrorism.

    Do we have all these war's going on.

    Pols also feel the need to fight, fight and fight some more. The verbs are starting to boreass me to death.

    But the dude up there on 14 make a valid point. Illegal or Legal, any substance that is hard on your system is hard on your system.

    What makes MJ get you high? Science points out that MJ has a natural protective agent, which has developed overtime (adaptation of the species) to protect it against extinction.

    The same agent (THC) makes you high... but animals interpret the "high" as a bad thing, and will not eat the plant again, because the animal interprets correctly. In fact, THC poisons; not enhances perception.

    The animals get sick, the plant thrives. So do thorn bushes etc...

    Any drug actually poisons your system... however we find that uses for opiates, stimulants etc... have uses, but are not recommended for overage of use, because of negative side effects.

    There is also a liver synthesis problem with more robust narcotics. After a while livers are overextended and start to fail. Liver failure leads to eventual death, or extention of life through transplant.

    So there is a health issue attached to cannibus sativa. Did you know that hops (used in beer production) is related to MJ? In fact you can smoke the hops bud and receive a mild "high" -- You can also smoke forcisthia buds and get a mild "high."

    I guess the correct terminoloy is intoxication. The key to that word is TOXIC, which is from the Latin Toxicum, which translates to the term poisoning.

    Could it be safe to assume, that legalizing drugs, would also place a burden on health care, future health care, and systems of health care such as nursing homes, hospitals etc....

    Ever been to Crete? The hashish smokers there, have been around for millenia, and they are mindless, bumbling street people, who have reduced their mental capacity to something akin to alzheimer's victims. All self induced through the use of Hashish, with the compound THC.

    Lung problems associated with cannibus use (smoking) is also on the rise. Tobacco isn't the only smokable substance which effects one's ability to promote air exchange.

    Go visit a cancer ward, or someplace where smokers wait to die from various ailments related to inhaling superheated gasses over a long period of time. It's not pretty.

    Legalize MJ? Sure why not. Decriminalize whatever, but the a general decline in health, and quality of life for those who indulge will surely follow.

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