Pubdate: Fri, 22 Jul 2011
Source: Morning Sun (Mt. Pleasant, MI)
Copyright: 2011 Morning Sun
Contact:   http://www.themorningsun.com/
Details: http://www.mapinc.org/media/3938
Author: Eric Baerren, Columnist, Morning Sun

THE WAR ON DRUGS TAKES A TURN FOR THE SURREAL

The War on Drugs has taken a turn for the surreal. Two turns, actually.

For our first, we go to Midland County, where the prosecutor   with 
the assistance of the state attorney general's office   has picked up 
and run with a peculiar argument first advanced here in Isabella 
County by Larry Burdick. Markets, they are arguing, are created by act 
of government, not people.

Their argument is that the medical marijuana law, ratified by 
two-thirds of voters two years ago, never intended to create marijuana 
dispensaries. In other words, when the people of this state legalized 
marijuana as a drug, we're supposed to believe that nobody expected 
that they'd need to buy it. We're supposed to believe that everyone 
expected that cancer patients and sufferers of other debilitating 
diseases would go out and gather the requisite supplies and seeds and 
grow it themselves.

I'm not sure what is more shocking, that such an argument would be 
advanced by members of a political party that has made markets free 
from government intrusion its central plank, or that it would be 
advanced with a straight face.

We hear all the time about the menace of centralized economic 
planning, that this kind of socialism undermines the very fabric of 
America. Here you have it, not being promoted by unions or Democrats 
or college professors with pointy heads, but by prosecutors arguing in 
favor of it in the courtroom. Carpenter, according to press reports, 
is using as his legal basis an opinion written by the same Bill 
Schuette whose office has joined his case (in addition to a Midland 
judge's opinion on the supremacy of federal law). In other words, the 
prosecutors in this case are trying to write their own laws and have 
them enacted not by the Legislature but in the courts.

The end result they're looking for, I presume, is this: Medical 
marijuana is legal in this state, but obtaining it is so difficult 
that for all intents and purposes it is illegal. It's a case of 
government telling people, who've already made their opinion pretty 
clear on this, what's really in their best interests; and it would be 
downright comical if the prospects of prosecutorial nullification of a 
popularly-supported law weren't kind of scary.

It goes without saying that government doesn't create markets, can't 
create markets and shouldn't be in the business of declaring this 
market good and this market bad. It also goes without saying that, in 
this case, a market for this product already exists. The problem is 
that if you're found in possession of it, you can get fined or go to 
jail. The law that our three fine lawyers are fighting lifted people 
with debilitating illness out of it.

Not to be outdone, the Legislature has gotten into the act. Or, rather 
just Roger Kahn, the senator from Saginaw who represents Gratiot 
County. Kahn is a doctor, you see, and whenever Republicans in the 
Senate want to soft peddle horrible things on the medical front, they 
go through him. For instance, when Democrats tried to repeal 
Michigan's unique drug company immunity law, Kahn rose and delivered a 
gruesome depiction of what happens when cancer patients vomit blood.

Earlier this week, Kahn introduced a bill that would require doctors 
who prescribe marijuana to be able to establish that they have a 
relationship with a patient. You might think that what goes on between 
you and a doctor is confidential. Roger Kahn's bill says that if your 
doctor concludes that you would benefit from medical marijuana that 
this isn't the case. The state wants to know whether you're a regular 
patient of that doctor, or whether you were maybe just out doctor 
shopping for weed.

You don't want to minimize a potential problem of doctors too 
liberally prescribing marijuana. This kind of legislation, however, 
addresses that in a way that is deeply and personally invasive. We're 
also not talking about morphine here, but marijuana. There are lots of 
drugs that are much more powerful than that that are still easier to get.

If I were a Tea Party type who wanted to talk about the evils of 
government control, I'd point to these two things and the War on Drugs 
in general, because both of them are nonsensical, unproductive 
attempts to smash a fly with a sledge hammer.

You might think that an exaggeration. Well, think of what each of 
those things are at their core   in the first, it's an attempt to 
redefine what constitutes a market, the central pillar of our free 
enterprise system; in the second, it's the idea that as long as we're 
trying to stamp out marijuana usage, it's okay to pry into people's 
medical records. This is all done for policy decisions made five 
decades ago that have proven to be utter failures at every level. The 
cost in terms of money since then is probably incalculable; the cost 
in terms of government intrusion into our lives is evident above. 
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MAP posted-by: Richard R Smith Jr.