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Gov. John Hickenlooper (D, CO) to set up task force to stymie pot legalization.

I’m translating.

Gov. John Hickenlooper will create a task force to deal with the fallout from the state’s legalization of marijuana use, possession and sales.

‘Fallout.’ See, right there you can determine the tone that the Denver Post was encountering from the office of the Governor. Later on…

The task force is to include state officials, lawmakers, marijuana advocates and other “stakeholders” — likely a reference to law-enforcement, drug-treatment and community representatives.

If you’re familiar with bureaucracy’s little ways, you’re probably snickering at that right now. On the other hand, if you also favor legalizing pot then you’re probably swearing, instead. On the gripping hand, if you’re those two things and ALSO a partisan Republican hack* then you’ve gone right back to snickering.

The basic quandary here is that John Hickenlooper doesn’t want to be The Guy Who Legalized Pot In America. The man undoubtedly has (probably foolish) hopes for higher office**, and pot legalization will pretty much kill that. The Democrats have a lot invested in one-upping the Republicans in the War On Some Drugs, mostly because it helps inoculate them from being considered liberal (i.e., ‘soft’) on crime. This goes all the way from the top, down: it’s no secret that the Obama administration HATES the idea of legalizing pot. Or, more accurately, that it hates the idea of THEM legalizing pot, or any other Democratic administration actually doing that. The federal government is certainly showing no sign of relaxing its stance on the issue, at any rate.

So, what does an ambitious Democratic governor do when dealing with a situation where The People Have Spoken, The [Expletive Deleted]? That’s right: he obfuscates. Setting up a ‘task force’ over pot legalization that’s been stacked with groups that can be relied upon to bitterly resent pot legalization is an excellent first step to delaying any kind of implementation whatsoever. So is ‘asking for guidance‘ from the Justice Department, which is code for Get this stupid amendment bogged down in court, already. And that’s just the procedural issues. The hoops that Colorado (and probably Washington State) will make pot vendors jump through are likely to be epic. Warning labels? Yup! Big ones. Special malpractice insurance? Big time. A special ‘pot tax’ to pay for all the increased medical costs from smoking? Ohhhh, yeah. And this is probably going to end up being my favorite one, for given values of ‘favorite:’ “child-proofing.” That phrase covers so, so, so many contingencies. I mean, you don’t want kids to be at risk, now?

I note all of this not because I have any particular problem with adults smoking pot (I don’t***), but I do have a bit of a problem with young voters mistaking liberalism for libertarianism – and rather more of one with young voters getting upset when they vote for Democrats, and then get the former instead of the latter. Please remember: while liberals may agree with libertarians on some goals, they do not – DO NOT – agree with libertarians on how to accomplish those goals. Liberals do not want less government in our lives. They like the idea of logrolling inconvenient expressions of the will of the People -well, inconvenient to them. And if they don’t agree with libertarians on a goal, they will cheerfully steamroller the libertarians like they would any other interest group that isn’t a fully-owned subsidiary of the Democratic party.

Put more simply: if you’re for legalizing pot, the fact that the Democrats aren’t doing anything about that isn’t because they can’t hear you. They hear you just fine. They just don’t care.

Moe Lane (crosspost)

*:brightly: Hi!

**I know that the reason why I say ‘probably foolish’ is going to sound weird, but here it is: we’ve elected exactly one President with a last name with over three syllables, and John Hickenlooper doesn’t have Dwight D. Eisenhower’s war record. I don’t know whether this is a mere statistical coincidence or some profound insight into the nature of American politics, sorry.

***Yes, I’ve seen the Crowder video on the subject. It’s a very good, very well-presented argument against marijuana legalization, which is a controversy that this post is not in point addressing. Please focus.

COMMENTS

  • http://conservativemormonmom.blogspot.com ew88

    Good points. My only personal concern over legalized pot is about driving. It is a psychotic drug just like alcohol. It affects how you process information and make decisions. If you can’t legally smoke weed and drive, I have no problems with the general legalization. Not being from Colorado, I don’t know whether they have a law against driving with it, however.

  • Jeff Cooper

    Straw man; nice try. My point is that Colorado is now pushed into a position to manage the pot trade. So think of a state’s alcohol commission and the licensing and selling of alcohol over the counter or by the glass; regulations. Next, there is the law enforcement issue. At a state and local level, new enforcement tools must be created to manage people who are high in public, just like alcohol; more regulations. How will citizens of Colorado feel about warrantless DNA collections to test a suspects who may be high on pot while behind the wheel? I think you get my point, and we haven’t even touched how the state is going to manage the tax dollars coming in. It isn’t a no brainer to simply legalize pot and tax it. At the end of the day, pot is still a schedule I drug and D.E.A. has zero plans to change it.

  • Viet71

    You hate the Commerce Clause? Support the Colorado vote.

    I don’t smoke pot. I did a little in college but didn’t become addicted.

    Give the finger to the feds. Support the pot vote.

    Not because I like weed. I don’t. I dislike the feds.

  • tngal

    Its also an issue for all adjacent states. If I were to buy marijuana in Colorado, and then leave the state with it in my possession on the way to Washington, where its also legal and I got pulled over for failing to wear a seatbelt, or some other heinous crime, then are troopers going to let me go when I tell them I’m just passing through from one state to the other? Do I say, why no officer, I got this baggie in Colorado, you can tell by the blue baggie. Baggies from your state are a different color.Those would be illegal. I’m going to legal Washington where they have red ones.

  • vandalii

    Not true. Once the gummint gets their hands on tax money, they’ll regulate the crap out of pot. Street dealers will now become criminals, not for dealing drugs but for tax evasion, similar to black market purveyors of various types — smugglers. And the growth and distribution of pot to “legal” sellors that operate outside the regulated path will be “moonshiners”. Yeah, there may still be some around, but I suspect the new problem will be the tenacity of the gummint when it relates to money rather than a bit of pot. I suspect they’ll be a *lot* quicker to shut down back-alley operations if there’s tax money involved…

  • vandalii

    Ironic that, “…it’s no secret that the Obama administration HATES the idea of legalizing pot…” when we have the first bonafide, confessed fully-inhaling member of the Choom Gang running the show for another 4 yrs (assuming no impeachment efforts stick). Not a big fan of pot, mildly amused by hypocritical irony…

  • edintexas

    Then you have answered your own “plaint”, don’t buy pot where it is legal and then attempt to transport it through areas where there are still criminal penalties for possession. Not that I’m suggesting that you would do so, I’m sure your post was part hypothetical and mostly sarcasm. I’m not advocating either way, I’m probably in the small minority of my generation (already on Medicare) where said minority has never even tried the stuff.

  • freemkts

    That’s an interesting perspective. However, the govt did the same thing in the Prohibition era and that didn’t work out too well.Think about it. Dealers are already breaking the law and they don’t care. You think tax evasion will make them change their ways? I guess the IRS, or state tax collectors, could try to enforce the law, but when was the last time a drug dealer filed an honest tax return in the first place?

    The only way you could sqeeze the dealers if if pot distribution went mainsteam. If you could buy pot at a 7-11 like you can beer or cigarettes that would hurt the dealers, but nobody is talking about legalizing that.

  • edintexas

    DUI is still DUI and public intoxication is still the same. I’m reasonably sure most (probably all, but I don’t know that) states have years ago changed their intoxication laws to cover drug use. DNA testing isn’t necessary, a blood sample will allow determination of either alcohol content or THC content. Most (or all) state laws allow for either “breathalyzer” or blood sample collection.

  • tngal

    Not a ‘plaint. An observation, as noted, on adjacent states. Additionally, If I grow it in Colorado (or anywhere) and drive it to Washington to sell it, but you bust me in Utah while I’m transporting, you’re hindering interstate commerce aren’t you?

  • exitsfunnel

    It’s not a straw man at all. With all due respect, I wonder if you even know what that means. Your argument was that the decision wasn’t a no brainer because a legal pot industry would involve the same regulatory machinery as the alcohol industry does. The implication then is that legal alcohol isn’t a no brainer either. Hence my question.

  • macbookben

    There was that time when we took a family trip out to New Mexico in the ’70s and my dad bought two cases of Coors and crossed the Mississippi with them on our way back to Alabama. We could’ve been so busted had we run into Sheriff Buford T. Justice. So yeah, Smokey and the Bandit is based on a true story.

  • macbookben

    Unfortunately, most of the daily stoners will have no job, at least none that require their tats to be concealed and a W-2. So the effect would be to reduce its consumption, and less revenue will issue from legal pot commerce.

  • macbookben

    Probably get out the Phototrons and start growing their own stash. No revenue to be collected in that scenario.

  • macbookben

    CO will become the Amsterdam of the Rockies. Many will die skiing while stoned.

  • Dave_A

    There is no reason to expect ‘state-legal pot’ to have any less hoops to jump through than tobacco… There will likely be more, actually – since pot is a little bit more intoxicating than nicotine…

    Which makes most of the non-libertarian arguments for legalization moot…

    WA (my home state) recently passed a similar proposition… It’s going to be a mess…

    (I’ve evolved a little on the issue – I still favor recreational drugs being illegal, but I’d like to see the federal role scaled back to interstate/international traffiking…. And if the states want to make the same mistake as WA and CO, then they can… We’ll see how long it lasts)

  • Dave_A

    The feds generally don’t bother with personal-use cases as it is…

    The notion of ‘millions of Americans in jail for possessing pot’ is not founded in reality….

  • Dave_A

    Not to mention no reputable business wants to handle the liability….

    For the legalize-and-tax thing to work, the STATE would have to become the ‘dealer’ (ala Liquor Control) and the penalties for buying ‘on the side’ would have to be so severe that they’d make current pot-law penalties look like the joke they are…

    EG, there would be no savings, no increase in revenue, just more government…

  • Dave_A

    @redstate-d8dad5aaca9e232a5b1107f5fa6f68f7:disqus

    No, you’re not hindering interstate commerce…. Because interstate commerce in marijuana is illegal regardless of the laws in the states involved… Federal Schedule 1 Drug, remember…

  • athanor

    I kind of shake my head every time I hear ‘tax it’ as a legalization solution for pot. Do these people not even research the history of pots legality? From the early 20th century until the FDA scheduled it as a class 1, it was ‘legal’, but taxed. But in effect, there was absolutely no way to get it legally. So I won’t be surprised if WA and CO don’t really end up with legal pot, esp. with the federal issues.

  • howardkiernan

    It is yet to be fully debated as to whether under circumstances of freely admitted drug use legislators could prove their decision making was not carried out under the influence. At present, they must keep their decisions fairly reasonable so as to avoid being suspected of this, but in the future, say Colorado’s voters, this will not apply. Will not their law, if implemented, have the effect of practically nullifying all future state legislation?

  • macbookben

    Would legalization get it out of the closet? I think the casual user would prefer it stays where it is, stigma notwithstanding.

  • aoxomoxo

    Charge the feds heavily for any use of any state facility in CO for prosecutions. What day does legalization begin?

  • vandalii

    No, you have it backwards. In Prohibition, alcohol production/consumption was illegal. They got Al Capone on tax evasion due to unpaid taxes since they couldn’t bring him down on murder, racketeering, illegal alcohol production, etc.
    With pot legalized, it’s only a matter of time until the gov’t gets tax revenues from sales of pot. It is actually the opposite of the Prohibition argument: it is the bilking of gov’t coffers that will bring the ire of the feds down on drug dealers, not the sales of illegal wares.
    I’m probably not making myself clear; I posit that legalized pot -> tax revenue -> increased gov’t interest when someone *not* giving the gov’t its share is operating. Tax-evading smugglers get an add’l set of eyes looking for them than just the DEA. Now the IRS is mad at you and that’s a whole ‘nother problem drug dealers haven’t faced so far.

  • vandalii

    …agree and that’s just what a Democratic Governor like Hickenlooper (and president like Obama) would favor — more gov’t and new tax revenue.

    I’m not in favor of Colorado’s choice (we’re from there and are disgusted with what has happened to “our” state). I’m saying the dems are all about big gov’t, regulation and new ways to get money out of the US population. Dep’t of Ag, FDA and EPA at a miniumum all just got new opportunities to add line items to their bloated budgets and staffing.

    Of *course* they’ll set themselves up as our keepers — we can’t even get our own health care unless the gov’t makes us get insurance, right? :-P

  • Brookhaven

    You’re not covering any new legal ground. The rules have already been established for alcohol.

    Buy alcohol in wet county, drive through a dry county (in the same or adjacent state) and they arrest you. Even if you are just passing through and transporting it to another wet county.

  • Dave_A

    The ironic thing is, just a year ago Washington got our state government out of the booze business (the Liquor Control Board used to have a legislatively enforced monopoly on all liquor sales) and now, thanks to the Pot Prop, the Liquor Control board is charged with ‘devising a way to regulate the sale and production of Marijuana’…

    I wonder if they will decide that it is needed for the state to be the only seller, just like it used to be with booze?

    FYI: The Washington Liquor Control Board, until recently, operated a chain of ‘Liquor and Wine’ stores, staffed with unionized public employees. Prices were 50% above market, PLUS a state-liquor-tax. It was illegal for anyone else to sell liquor by the bottle – and bars (who had to buy from said LCB stores) were strictly regulated in how they could sell it by-the-glass as well….

    A recent proposition shut this system down & turned the LCB into a licensing agency – liquor is now sold in retail stores, that have to buy from the state and charge a 20-something-% sales-tax on liquor products…

  • http://powerandcontrol.blogspot.com/ msimon

    Legislators are generally drunk. The two most likely drugs being alcohol and power. Still. Their judgement is rarely called into question.