Voters smoke themselves a deal in two states

Commentary by Michael Swickard, Ph.D. - Be it a Chinese curse or not, we certainly do live in interesting times. Our times were made even more interesting by voters in Colorado and Washington who passed a ballot measure allowing the legal use of marijuana. It is not a blank check, but citizens of these states can do some things the federal government does not allow.
So the recreational use of marijuana is on the plates of citizens of those two states. There are already a number of states that allow the use of medical marijuana where the federal government says that the use of marijuana for any reason violates federal law. The states allowing medical marijuana to be used and perhaps misused include New Mexico where the use of medical marijuana falls in a never-never land of conflicting laws. I have written previously that this should never happen in a nation of laws: no citizen should be both legal and illegal at the same time. It just does not look right. Rough men and women with guns stand ready to either indulge New Mexicans or arrest them and we cannot find out who speaks for New Mexico. Can our governor, who does not like marijuana the same as me, decide to protect those medical marijuana users?
The test of States’ Rights is easy and possibly will not hurt too many people. The leaders of the great states of Washington and Colorado need to get together for a smoke-in to test the powers of the federal police. Surrounded by their own state police the heads of each state needs to consume in one form or another some of the federally illegal but state legal substance of marijuana to test their own authority as a state.
Picture if you will the governor of New Mexico, Susana Martinez holding some medical marijuana with her husband Chuck Franco and the security detail backing her up. If a federal agent tries to assert federal power over New Mexico, Susana can say, “I want you to go call your mother and tell her you love her because this is not going to end well for you.” Neat threat and it would test the resolve of the federal government to control the citizens of New Mexico.
Only if the leaders of the states actually put the law to the test can the citizens decide that it is legal to use the substances. Yes, I know that their opponents in the next election may use those images to good effect but the leaders owe the citizens the cover. Nice to get the applause and the honors but now the leaders of each state would have to do something for their citizens that would take guts and gumption. Read full column
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