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Many Voices, One Freedom: United in the 1st Amendment

June 17, 2024

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The Biden Administration announced that it would be reclassifying marijuana from “Schedule I” (Drug is not safe to use, even under medical supervision) to “Schedule III” (possibly addictive, requires a prescription). Did marijuana somehow change from a wolf to a sheep?

The short answer here is that the drug hasn’t changed. In fact, it’s essentially the same drug that has been used for literally thousands of years in many societies and had advocates and detractors all through history. This intoxicant was introduced to the Western Hemisphere by Spaniards in 1530-1545. Intoxicants also include alcohol, marijuana, opium, khat, and other naturally occurring chemicals. About a third of all people enjoy intoxicants of various sorts, and that number has not changed throughout history. Another thing that hasn’t changed throughout history is that there have always been “do-gooders” who think they are better than the rest of us, and have the right to tell us what we can and cannot have in our bodies. Unfortunately, many of them wind up in positions to carry out their pogroms against many pet vices.

America’s history with regard to “self-medication” is a wonderful demonstration of what not to do. This cautionary tale should tell us to shut down any government meddling in our health. A large book would be required to tell the entire story, but here, we can survey key steps in a never-ending, repeated story. The Western version begins with – surprise, surprise, surprise – money. Sutton’s Law never sleeps.

England and France fought wars with China over opium between 1839 and 1860. Ultimately, they forced China to allow trade in opium, which, to no one’s surprise, created great profits for English and French companies. Diamorphine was first synthesized from opium in 1874, but didn’t see commercial success until Bayer marketed it under the name “Heroin” over the counter in the late 1890s as a “heroic” pain reliever.

In the early 1900s, patent medicines often contained quantities of alcohol and various opium derivatives like heroin and morphine. Physicians often prescribed these because they actually helped patients. However, because of the non-standard and non-disclosed concentrations of these drugs, the Opium Exclusion Act was passed in 1909, and the Harrison Narcotics Act of 1914 restricted these drugs. Until then, addicts (the word came later) were regarded by the public similarly to alcoholics. They were fallen individuals in need of help. Overdoses were rare.

These Acts are wonderful demonstrations of the Law of the Bureaucrat in action. Congress’ Prime Directive is “Do Something!” whether that something makes sense or not. So, Congress created bureaucracies populated by the “smartest people in the room.” At least the Acts declared these bureaucrats to be the smartest, since they were given the power to regulate, the power to “interpret” the law. Strict rules were soon written on how drugs could be administered and in what quantities, even after the bills were advertised as “information gathering” only. One druggist was confronted by “revenue agents who are neither lawyers nor physicians telling him that his prescriptions were in excessive amounts.”

This sounds like many current state laws that severely restrict the treatment of chronic pain. Legislators with no understanding are practicing medicine, and the smartest people in the room are acting like Gestapo or KGB. Of particular interest, as this story proceeds, Heroin gets banned, while a competing synthetic narcotic, Dilaudid, gets approved. Medically, Heroin, Morphine, and Dilaudid are nearly identical on a pharmacologic basis. But I digress. We were talking about marijuana.

At this point, I must ask that you not misunderstand me.

All intoxicants have side effects. But if one is to be prohibited, there must be really good science to support that decision. Among those banned drugs are MDMA (Ecstasy) and psilocybin, which are now known to have the potential to treat PTSD. However, some bureaucrats declared that they have no medical use, and so research into this potential benefit has suffered from extreme roadblocks.

It seems that Congress and the Bureaucrats cannot be contradicted. They are smarter than we are.

A huge problem that comes from these prohibitions is immense profits for bad guys. That’s how Al Capone got rich off alcohol. It’s how El Chapo got his billions (with a “B”) from heroin and cocaine. Intoxicants that are easy and inexpensive to make become immensely profitable when governments try to outlaw them. We proved that during Prohibition and are proving it again today. And just like Prohibition, we are proving it with many thousands of dead innocents. Oh, yes. Back to marijuana.

Biden wants weed to be available by prescription everywhere. What he has forgotten is that it actually is available everywhere by prescription. The drug is called “Marinol” or “Syndros.” Both are delta-9-tetrahydrocannabinol or THC. Most people recognize THC as the psychoactive agent in marijuana. It’s a Schedule II drug with strict restrictions, but it’s available. Biden is just recognizing the simple fact that the government just can’t stop marijuana. It grows easily in a wide range of locations, and individual users can grow a couple of plants for themselves in a way that the cops won’t find them. Add in the fact that various states have legalized the drug, even for recreational use, and the feds are simply surrendering to the obvious.

At this point, we must consider the science. Or at least the perception of science. After all, if our betters in government are following “the science” (Fauci?), all governments would be doing pretty much the same things. Starting with the Pure Food and Drug Act in 1906, the feds have enacted around two hundred laws to “protect” our health. The Controlled Substances Act of 1970 was the crowning jewel which soon led to the banning of marijuana. But in 1972, the Dutch government found that marijuana was a “less dangerous” drug. Since 1976, it has been available in Dutch coffee shops for recreational use. So, who is following the science? Holland or the US? Inquiring minds want to know.

One of the American side effects of marijuana prohibition strongly paralleled alcohol Prohibition. People decided that if they were going to get their buzz, and they were going to have to run afoul of the law to get it, they wanted the “good stuff.” Of course, providers were happy to supply stronger goods, but the risk they were taking meant they wanted a higher price. Any good economist can explain this “risk premium” phenomenon, but Congress and the bureaucrats are smarter than that. So they double down on stupid.

It does not matter what drug, disease, or therapy we discuss. Government involvement results in profits for preferred persons with predictable harm to us. It’s time to recognize that the Law of the Bureaucrat is destroying America, one sector at a time.

MANY VOICES, ONE FREEDOM: UNITED IN THE 1ST AMENDMENT

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