Jonathan Adler on the odd blind spot among many conservatives who support states making local decisions (the 50 laboratories of democracy model), except when it comes to things like marijuana:
In 2014, voters in Colorado and Washington state voted to legalize marijuana possession within their states. This November, voters in Oregon, Alaska and the District of Columbia will get the chance to follow suit. Voters in Florida will also decide whether to join the approximately 20 states which allow marijuana possession and use for medicinal purposes. Whatever these states decide, however, marijuana will remain illegal under federal law.
Conservative Republicans often talk about the need to constrain the power of the federal government. On everything from environmental regulation to education policy, Republican officeholders argue that individual states should be able to adopt their own policy priorities, free from federal interference. Yet many of these same people are silent when the question turns to marijuana.
Earlier this year, the House of Representatives voted to cut off Drug Enforcement Administration funding for raids on medical marijuana dispensaries in states where medical marijuana is legal. The measure passed with the support of 49 Republicans. This is a significant increase over the last time such a limitation on the DEA had been proposed, when only 28 Republicans supported respecting state choices on medical marijuana, but it still represents less than one-quarter of the GOP caucus. So many Republicans who believe it’s federal overreach when federal law regulates health insurance or power plant emissions think its just fine when the federal government prohibits the possession of a plant, even where authorized under state law.