Sunsettommy
Diamond Member
- Mar 19, 2018
- 14,884
- 12,518
- 2,400
> I agree we need it taken off Schedule 1.Generally the federal government actions towards Cannabis/Hemp has been an overreaching and unconstitutional violation of everything our Constitution stands for. It was originally passed in smoke filled back room with party bosses. No input from the medical community, farmers, or practically any of the citizens their new "Prohibition Law" would effect. It was also a power grab by Congress. It took a Constitutional Amendment to prohibit Alcohol nation wide, but not with the Cannabis/Hemp plant and products.
The war on Americans who smoke pot(or engage in any type of non compliant recreational substance use) has been the whipping boy for both parties. It's been a winning strategy. Who's going to stand up for the "Druggies"?
A law being stupid doesn't make it unconstitutional. Alcohol could have been banned via legislation, they used the amendment process because they knew it was the only way to prevent an immediate pushback. The Dry side's hope was to outlast the Wet counterstrike by making it harder to overturn, and hoping time would prove them right.
Read Rockerfeller's letter on his position on Prohibition for a view into their reasons behind it, and his reason for deciding it wasn't worth it.
Removing it from Schedule I would be the start of admitting the war on drugs has been at best a push, at worst a failure.
The Marihuana Tax Act of 1937 were ruled unconstitutional in 1969 after the Supreme Court found it in violation of citizens’ Fifth Amendment rights. Requiring all marijuana users to identify themselves, the amount of weed they had, and where they got it from amounted to self-incrimination.
It was a power grab by corporate interest, a compliant media, and a more than willing federal government. By the time it was ruled unconstitutional that power had grown enough that they were immediately allowed to continue to perpetrate the WoD fraud on Americans for the political gain of both parties.
A tax act is different than putting a substance onto schedule I, which involves only technically the legal sale of said product, which under the commerce clause the feds can claim is under their control. Remember most criminalization of pot use and possession is at the State level, the feds only get involved in trafficking that crosses state lines or international ones.
The Pure Food and Drug Act of 1906 set the stage for cannabis restrictions, but the Marihuana Tax Act of 1937 marked the start of full-scale prohibition. The law did not explicitly ban cannabis in its wording, but that was clearly the intent. In the 1930s, the Treasury Department, run by the mega-rich Andrew Mellon as Secretary, determined that it could use the taxing power of the federal government to prohibit products he deemed problematic. By creating overly excessive taxes, the laws could create de facto prohibition for everybody but the wealthy. Herman Oliphant, the Treasury’s general counsel, employed this tactic with the National Firearms Act. Passed in 1934, the law attempted to ban or reduce shotguns and machine guns, and challenges to the law went all the way to the Supreme Court, which upheld its legality in March 1937. Two weeks later, Oliphant (along with arch-prohibitionist Harry Anslinger) introduced the Marihuana Tax Act directly into the House Ways and Means Committee, a powerful committee (and the oldest in Congress) with the unique ability to send bills directly to the House of Representatives.
I agree we need it taken off Schedule 1.
There is currently a bill in the House to move it to Schedule III...
Text - H.R.365 - 117th Congress (2021-2022): Marijuana 1-to-3 Act of 2021
Text for H.R.365 - 117th Congress (2021-2022): Marijuana 1-to-3 Act of 2021www.congress.gov
It has zero co-sponsors, so it will probably die in committee.
The Dems have promised full legalization this year though...
Democrats Plan to Legalize Marijuana in 2021
"Democratic Senate leadership has a plan to legalize marijuana at the federal level at some point this year. In a joint statement released Monday, Senate Majority Leader Chuck Schumer, Senate Finance Committee Chairman Ron Wyden and Senator Cory Booker detailed how the Democratic-controlled...www.usmessageboard.com
Better to DECRIMINALIZE it and let the states decide?