Published on 23 Mar 2017
“The Trump administration can slow down marijuana legalization, but they can’t stop it.” says Reason Senior Editor Jacob Sullum.
Trump already endorsed medical marijuana on the campaign trail, and said that states should be free to legalize it, but his appointment of old school drug warrior Jeff Sessions as U.S. Attorney General is cause for concern.
“First of all the, federal government doesn’t have the power to force states to make marijuana legal again.” They could sue to knock down state regulations, but that would simply leave behind a legal but unregulated market. The feds don’t have the manpower to crack down on the local level, and there’s very little upside for the administration to roll back legalization. “They can create a lot of chaos, but ultimately they’re not going to reverse legalization and bring back prohibition”
Produced by Austin and Meredith Bragg
March 25, 2017
Trump Can’t Stop Marijuana Legalization (But He Can Slow it Down)
December 3, 2016
Trudeau government to approach legalizing marijuana as an explicitly crony capitalist exercise
Jay Currie was woken up at an ungodly early hour to talk on a radio show about the leaked portions of the Canada Marijuana Task Force Report. It’s apparently not good news for consumers but really great news for the existing favoured “legal” producers:
The leak itself is interesting and more than a little outrageous. The Report clearly favours Health Canada Licenced Medical Marijuana growers and many of those corporate grow shows are publically traded companies. Allowing the report to come out in dribs and drabs (because “translation”) could cause deep uncertainty in the public markets. The government should release the report, in toto, immediately.
Substantively, the Report apparently recommends that legalization efforts be directed at “getting rid of the $7-billion-a year black market. Sources familiar with the report, which is expected to be made public Dec. 21, say all the other recommendations flow from that guiding principle.”
It is not clear whether that “black market” includes the grey market of dispensaries and pot shops which has grown up in Canada and which continues to expand.
Using “legalization” as a weapon against the “black market” is pretty much the level of restrictive thinking I expected from the Task Force. Rather than seeing legalization as an opportunity to regularize the marijuana market, the language suggests a resumption of the war on drugs by other means.
The Task Force is apparently suggesting that the 40 Health Canada approved licencees remain the only legal source of marijuana and proposes that recreational pot, like medicinal pot, continue to be delivered by Canada Post. A nostalgic bow to the mail and a suggestion pretty certain to keep dispensaries and “Bob on the corner” in business for the foreseeable future. Here is a free clue for the Liberal government: recreational pot users are impulse buyers. As I say in my book, “The most common triggers for the decision is that, by their lights, a customer is running low on pot, has run out of pot or has been out of pot for some time but only now has the money to buy more pot.” In short, not likely to wait a week for Canada Post to deliver.
November 27, 2016
America’s craft beer revolution
Jerry Weinberger reviews The United States of Beer: A Freewheeling History of the All-American Drink by Dane Huckelbridge:
In rich and full detail, Huckelbridge tells the story of America’s love affair with beer. Even before Europeans set foot on the new continent, Native Americans made beer for fun and religious purposes from a wide variety of vegetable matter. Our Dutch and English forbears brought their beer — and their beer preferences — with them. In 1620, the Mayflower landed in Plymouth, at least in part for want of enough beer for both passengers and crew. When the Arbella sailed into Boston Harbor in 1630, it was laden not just with Puritans but also with 10,000 gallons of beer and 120 hogsheads of malt. The English in New England drank dark and cloudy ales made from fire-roasted malt and top-fermenting yeast. The Dutch in New Netherlands preferred drafts lighter in body and mouthfeel; they added rye, wheat, and oats to the barley. The English put an end to New Netherlands in 1664, but that didn’t end the war — as it would eventually prove to become — between the light and the dark worlds of beer. Huckelbridge approaches his subject from a regional point of view. National tastes sprang from regional ones. Beer tides flowed North to South, turned westward to California, and then doubled back East in the late twentieth century.
Our English forbears came relatively late to the use of hops in beer, as was done on the European Continent in the ninth century. As late as the early sixteenth century, hops were thought of in England as “a wicked and pernicious weed.” In Europe, brewing was done by large, organized monasteries, while in England it remained largely a household craft. The larger European producers had to worry more about consistency and spoilage than did the home-brewing English; the hop, though essential to the taste of beer as we know it, was originally used as a preservative, with the appreciation of bitterness following on the utility of anti-sepsis. As English brewing took on a more industrial tone, the uses of the hop became clear, and so the Pilgrims aboard the Mayflower could drink safe beer rather than brackish and polluted water. By the time of the revolutionary crisis, English economic policy and regulation had increased the price of barley and hops so much that cider and rum began to edge out beer as the preferred drink of New Englanders. The Sons of Liberty — including Samuel Adams and John Hancock — rebelled for beer as much as for independence.
[…]
When American beer recovered, it did so in the Midwest, and in a new form: lager. What we now think of as American beer (Budweiser, Busch, Pabst, Miller, etc.) sprang from the habits and tastes of German immigrants in Midwestern cities. Their lager beers were rich and full-flavored, but were somewhat lighter and milder than “the darker and more fragrant British-style” ales they eventually displaced. Huckelbridge describes in some detail the history of German brewing from Roman times through the sixteenth century, when lager yeast was discovered as an alternative to ale yeast. This new yeast strain originated in the cold forests of Patagonia and made its way by accident to Europe — and especially to Bavaria.
And how American beer got its (well-deserved at the time) reputation for blandness:
In the decades surrounding the turn of the twentieth century, two forces converged to transform our national drink: technological innovation and Prohibition. Before the Volstead Act went into effect in January 1920, technological and economic changes had been at work degrading the quality of American beer. New kiln technology made it possible to roast malts with no direct contact with the heat, which made for fewer notes of smoke and slag. Likewise, temperature controls made it possible to make lighter and “crispier” brews. The use of American six-row barley, which is higher in enzymes than German two-row barley, enabled brewers to employ cheaper, adjunct grains such as corn, wheat, and rice—all of which made for a sweeter and flimsier beer. Pasteurization increased shelf life, lessening the need for preservative alcohol and hops. Artificial carbonation replaced the traditional practice of adding live yeast to the finished brew, which improved taste but was less consistent than artificial carbonation. Add to this the advent of advertising and refrigerated rail transportation, and we were on the verge of becoming the United States of Bland Beer. Prohibition delivered the death blow.
After the Volstead Act’s repeal, America was in the grip of the Great Depression. Beer drinkers—and brewers—focused on the cheap and not the good. The result was a pale and watery brew “served up in cans across the county … and the final product bore only a passing resemblance to the rich and hoppy lagers that German immigrants had first brought to this country.” Prohibition ruined the beer industry nationwide and drove alcohol underground, producing a significant change in American tastes: speakeasies learned to disguise low-quality whiskey and gin in sweet “cocktails.” As a result, a generation of Americans came of age with sweet-tooth tongues allergic to the bitter hop or the malty malt. By the 1950s, America was the land of the macrobrew: thin and flaccid sweet suds, distinguishable only by the brand names on the can.
September 6, 2016
Could this be a winning strategy for Il Donalduce?
Jay Currie suggests a three-part plan that might bring about a Trump victory in November:
First, announce that a Trump administration will decriminalize marijuana.
Second, announce that every single person serving time for marijuana related offences is going to be pardoned on condition that they spend a three month intensive period in a pre-employment boot camp. And announce that, from the day Trump takes office, any criminal record for marijuana offences will be expunged as of right and right now.
Third, commit serious federal resources to creating paths to employment for the people who have either been in jail or who have had criminal records as a result of pot convictions.
You can picture Trump saying, “Let’s bring our kids, and their fathers, home.”
The last twenty years have been about incarcerating black people and Latinos for all sorts of crimes. Some of that is justified, but a lot of it has been felony marijuana arrests which should have been traffic tickets but got bumped because of priors, plea bargains and three strikes laws. It’s time for that to stop.
People’s children, husbands and wives have been sent to prison for a reason that an increasing number of states think is wrong. Washington, Colorado, Oregon and Alaska have legalized recreational pot and the federal government has gone along. Medical marijuana is legal in many other states. More states have either medical marijuana or recreational marijuana on the ballot in November.
The Donald does not have to say pot is a good thing. In fact, if he is smart he will say it is a bad thing and that he does not want any sensible American to use it; but it should not be a criminal thing because, if it is, there will be a disproportionate impact on black, Latino and poor white communities. That is just a fact.
May 26, 2016
QotD: The weaknesses of laws
The strange American ardor for passing laws, the insane belief in regulation and punishment, plays into the hands of the reformers, most of them quacks themselves. Their efforts, even when honest, seldom accomplish any appreciable good. The Harrison Act, despite its cruel provisions, has not diminished drug addiction in the slightest. The Mormons, after years of persecution, are still Mormons, and one of them is now a power in the Senate. Socialism in the United States was not laid by the Espionage Act; it was laid by the fact that the socialists, during the war, got their fair share of the loot. Nor was the stately progress of osteopathy and chiropractic halted by the early efforts to put them down. Oppressive laws do not destroy minorities; they simply make bootleggers.
H.L. Mencken, Editorial in The American Mercury, 1924-05.
April 29, 2016
QotD: American liberty
The American of today, in fact, probably enjoys less personal liberty than any other man of Christendom, and even his political liberty is fast succumbing to the new dogma that certain theories of government are virtuous and lawful, and others abhorrent and felonious. Laws limiting the radius of his free activity multiply year by year: It is now practically impossible for him to exhibit anything describable as genuine individuality, either in action or in thought, without running afoul of some harsh and unintelligible penalty. It would surprise no impartial observer if the motto “In God we trust” were one day expunged from the coins of the republic by the Junkers at Washington, and the far more appropriate word, “verboten,” substituted. Nor would it astound any save the most romantic if, at the same time, the goddess of liberty were taken off the silver dollars to make room for a bas-relief of a policeman in a spiked helmet. Moreover, this gradual (and, of late, rapidly progressive) decay of freedom goes almost without challenge; the American has grown so accustomed to the denial of his constitutional rights and to the minute regulation of his conduct by swarms of spies, letter-openers, informers and agents provocateurs that he no longer makes any serious protest.
H.L. Mencken, The American Credo: A Contribution toward the Interpretation of the National Mind, 1920.
January 18, 2016
“Prohibition, in its essence, was a deeply progressive movement”
Joseph Bottum reviews Lisa McGirr’s The War on Alcohol:
We all know the story: At the beginning of the 20th century, a handful of killjoys, prudes, and pinch-faced puritans began to campaign against liquor. And in 1920, against all odds, they managed to sneak through a law that banned alcohol in the United States. Thirteen years, it took, before we managed to rid ourselves of the absurd regulation, as the corrupting money of gangsters and the intransigence of true-believers — the famous pro-regulation combination of Bootleggers and Baptists — colluded to keep the nation in loony land.
At last, however, we did return to sanity. The forces of right-thinking liberalism in America finally shook off the influence of its nativist bigots and pleasure-hating schoolmarms, and Prohibition was overturned in 1933 to great celebration — celebration so great, so overwhelming, that never again have the conservative know-nothings and religious troglodytes succeeded in forcing the nation to take such an enormous step backward.
It’s a great story, both a cautionary tale in its beginning and uplifting proof of liberation in its conclusion. The only trouble is that it’s completely wrong. Is there another American story, another account of a major American era, that has been so completely hijacked and turned against its actual history?
The truth is that Prohibition, in its essence, was a deeply progressive movement. Thus, for example, the forces of women’s liberation backed Prohibition — and the suffragettes were backed in turn by the Temperance Union, whose support (in the certainty that women would vote to outlaw liquor) helped gain women the vote. The goo-goos, the good-government types, similarly aided Prohibition, seeking to purge the rows of rowdy saloons that cluttered the major cities of America — and they enlisted the help of the Prohibitionists to create a national income tax, ending the federal government’s dependence on liquor taxes.
The health fanatics, the social-service providers in the churches and city governments, the Protestant elite of the Social Gospel movement: Prohibition was supported by majorities in all the social groups who today would be faithful allies of the left. Combine that with rural Protestants, who saw the big cities as dens of Satan, and nativists, who saw drunkenness as an Irish sin, and Prohibition was a moral juggernaut rolling through the nation — as unfathomable as it was unstoppable.
October 15, 2015
Opponents of sentencing reform
Jacob Sullum points out a few misconceptions about sentencing reform:
Anderson, with Sessions’ help, manages to pack at least half a dozen serious misconceptions into a 375-word post. Let’s consider them one at a time.
Is “crime rising in America”? As Jesse Walker noted here last month, the latest FBI numbers show that violent and property crime both fell last year, continuing a “long decline” that began in the mid-1990s. Although some American cities have seen spikes in violent crime this year, it is not clear whether they represent a nationwide increase or, if so, whether that increase represents a reversal of recent trends or a blip.
Are police “increasingly under siege”? Last month my former Reason colleague Radley Balko, who writes about criminal justice for The Washington Post, reported that “2015 is on pace to see 35 felonious killings of police officers” and that “if that pace holds, this year would end with the second lowest number of murdered cops in decades.” As Jesse Walker pointed out here, such numbers have never deterred law-and-order types who propagate “the eternally recurring legend of a ‘war on cops.'”
Are drug traffickers “violent criminals”? Some are, but there is a clear distinction between stabbing or shooting someone and engaging in consensual transactions that Congress has arbitrarily decided to prohibit. Under current law, doing the latter is enough to trigger mandatory minimum sentences ranging from five years to life. By pretending there is no difference between violent predators and nonviolent drug offenders, opponents of reform make a hash out of any effort to focus criminal justice resources on the lawbreakers who pose the biggest threat to public safety.
September 26, 2015
Straight Up: The Issue of Alcohol in Ontario
Published on 24 Nov 2014
A documentary exploring the peculiar system of alcohol retail and distribution in Ontario.
The beverage alcohol system in Ontario is unique in the world. A government monopoly and a few private companies enjoy preferential access to the province’s consumers. Meanwhile, about 300 Ontario breweries, wineries, and distillers face a number of bureaucratic and structural barriers that effectively shut them out of the market in Ontario. This film tries to explain the origins of the beverage alcohol system in Ontario, and what it means for producers and consumers in the province today.
H/T to Eric Beiers for the link.
April 5, 2015
The war on drugs in two charts
I saw this on Google+ and thought the two graphics included in the post were interesting enough to present on their own — because they pretty much tell the whole story in a glance:
In 1969, the prison population was 200,000 and the overall population was about 200 million people. This means that approximately 0.1% of all Americans were in prison in 1969. As of 2010, the prison population had expanded to 1.6 million while the overall population was 309 million. Therefore, the current prison population is 0.5%. The prison population has expanded 5 times when adjusted for population size while the rate of drug addiction has remained largely constant. I do not believe that any reasonable person can look at the statistics on incarceration versus drug usage and come to any conclusion other than that the Drug War has been an immense cataclysm for the American people and that this cataclysm has fallen horrifically and disproportionately upon the poor. From a drug usage standpoint the inner cities have not improved in the slightest when it comes to overdoses and other tertiary consequences of drug use and we have simultaneously turned our inner cities into armed police states where the inhabitants are frequently terrified of the police, where the police engage in the worst sorts of paramilitary tactics, and where a large portion of young men are hurled into prison cells and ruined in the prime of their lives.
But none of these bourgeoisie facts and evidence shall deter Mr. Walters from his noble, righteous quest! No, he knows the evils of marijuana which shall be visited disproportionately upon the poor, and he will not rest until such toxins are driven entirely from the field:
The focus on marijuana legalization trades on the public perception that the drug does little damage, and hence, that any criminal justice penalty for its use is an unnecessary affront. In fact, marijuana use does serious harm, and its legalization promises more use by the most vulnerable in communities like Angela Dawson’s Oliver neighborhood.
Personally, and I do realize this would shock Mr. Walters, I actually don’t care how damaging marijuana is to its users. Provided its users are of legal age and therefore are capable of consenting to its use, whether or not it is ‘damaging’ is of no relevance to me — consuming massive quantities of sugar is damaging, large amounts of fat is damaging, failure to exercise is damaging, drinking to excess is damaging — yet none of these are, or should be, illegal. Even if you prove the negative consequences of weed, it doesn’t matter — it is not the responsibility of the state to treat its citizens like children in need of mollycoddling and governmentally sponsored salvation and it certainly is neither the duty nor the purpose of the state to save us from the consequences of our own decisions.
April 1, 2015
February 19, 2015
QotD: The prohibitionists
This notion, I believe, is at the bottom of much of the current pathetic faith in Prohibition. The thing itself is obviously a colossal failure — that is, when viewed calmly and realistically. It has not only not cured the rum evil in the United States; it has plainly made that evil five times as bad as it ever was before. But to confess that bald fact would be to break the forward-looking heart: it simply refuses to harbor the concept of the incurable. And so, being debarred by the legal machinery that supports Prohibition from going back to any more feasible scheme of relief, it cherishes the sorry faith that somehow, in some vague and incomprehensible way, Prohibition will yet work. When the truth becomes so horribly evident that even forward-lookers are daunted, then some new quack will arise to fool them again, with some new and worse scheme of super-Prohibition. It is their destiny to wobble thus endlessly between quack and quack. One pulls them by the right arm and one by the left arm. A third is at their coat-tail pockets, and a fourth beckons them over the hill.
The rest of us are less tender-minded, and, in consequence, much happier. We observe quite clearly that the world, as it stands, is anything but perfect — that injustice exists, and turmoil, and tragedy, and bitter suffering of ten thousand kinds — that human life at its best, is anything but a grand, sweet song. But instead of ranting absurdly against the fact, or weeping over it maudlinly, or trying to remedy it with inadequate means, we simply put the thought of it out of our minds, just as a wise man puts away the thought that alcohol is probably bad for his liver, or that his wife is a shade too fat. Instead of mulling over it and suffering from it, we seek contentment by pursuing the delights that are so strangely mixed with the horrors — by seeking out the soft spots and endeavoring to avoid the hard spots. Such is the intelligent habit of practical and sinful men, and under it lies a sound philosophy. After all, the world is not our handiwork, and we are not responsible for what goes on in it, save within very narrow limits. Going outside them with our protests and advice tends to become contumacy to the celestial hierarchy. Do the poor suffer in the midst of plenty? Then let us thank God politely that we are not that poor. Are rogues in offices? Well, go call a policeman, thus setting rogue upon rogue. Are taxes onerous, wasteful, unjust? Then let us dodge as large a part of them as we can. Are whole regiments and army corps of our fellow creatures doomed to hell? Then let them complain to the archangels, and, if the archangels are too busy to hear them, to the nearest archbishop.
H.L. Mencken, “The Forward-Looker”, Prejudices, Third Series, 1922.
December 27, 2014
QotD: Political morality
There is in him, in his professional aspect, no shadow of principle or honour. It is moral by his code to get into office by false pretences, as the late Dr. [Woodrow] Wilson did in 1916. It is moral to change convictions overnight, as multitudes of American politicians did when the Prohibition avalanche came down upon them. Anything is moral that furthers the main concern of his soul, which is to keep a place at the public trough. That place is one of public honour, and public honour is the thing that caresses him and makes him happy. It is also one of power, and power is the commodity that he has for sale. I speak here, of course, of the democratic politician in his role of statesman – that is, in his best and noblest aspect.
H.L. Mencken, Notes on Democracy, 1926.
September 4, 2014
How post-Prohibition restrictions still plague many states
The American craft beer boom continues, but making the beer is only the start of the process of getting the beer into the hands of eager consumers. CEI’s Michelle Minton explains how rules crafted for the end of Prohibition now artificially restrict the craft beer marketplace, reduce consumer choice, and add unearned profits to favoured corporations:
After Prohibition ended, Americans could sell, produce, import, and transport alcoholic beverages, but home-brewing was still illegal until 1978 when then President Jimmy Carter signed legislation to legalize brewing in the home for personal or family use. In that year, the number of breweries was at its lowest point after the repeal of Prohibition. But in the 1980s, after states began to legalize brewpubs, the number of brewers began to rise. This development, along with easy access to capital in the 1990s and 2000s, aided efforts of modern craft breweries to change the laws in their home states so that they could brew more, self-distribute, and start the microbrew revolution.
[…]
Another hindrance for craft brewers are franchise laws, enacted among the states in the 1970s and 80s due to fears of brewers’ market power. With less than 50 brewers in the nation at the time — most of them large — there was a fear the big brewers could hold wholesalers hostage by threatening to walk away unless distributors bowed to the brewers’ demands. Since then, however, the landscape has completely shifted.
Although the number of wholesalers nationwide has declined, those remaining are larger and more powerful than almost all of the breweries in the nation. Yet, the laws remain, giving the wholesalers “virtual carte blanche to decide how the beer is sold and placed in stores and bars,” according to Brooklyn Brewery founder Steve Hindy.
In almost every other industry, a manufacturer unhappy with a distributor’s performance or price can terminate a contract in search of a better fit. This is not the case for beer manufacturers. Brewers wishing to switch from one distributor to another must go through long and costly legal battles. Hindy, for example, paid $300,000 to get out of a contract with a New York wholesaler. Yuengling COO Dave Casinelli’s experience was similar. In a phone interview, he noted that in his 24 years with the company, he couldn’t recall any attempt to switch wholesalers that didn’t end up with some legal ramifications.
Most state franchise laws not only make leaving a wholesaler hard, but they also create regional monopolies, known as “exclusive territories,” where a brewer is prohibited from selling through more than one distributor within a given area. This undermines incentives for wholesalers to compete by improving performance, increasing efficiency, or lowering prices. After all, distributors have little or no fear that a brewer will leave — because most of them can’t. As for consumers, they end up paying more because of this lack of competition.
August 1, 2014
The New York Times bravely challenges … a policy they’ve propagandized for a century
In Forbes, Jacob Sullum admits that the sudden change of heart by the New York Times made him stop and reconsider whether he’d been wrong all this time:
According to a recent poll by the Pew Research Center, 54 percent of American adults support marijuana legalization. That’s around 130 million people. It turns out that some of them are members of the New York Times editorial board, which on Sunday declared that “the federal government should repeal the ban on marijuana.”
Given its timing, the paper’s endorsement of legalization is more an indicator of public opinion than a brave stand aimed at changing it. Andrew Rosenthal, editorial page editor at the Times, told MSNBC’s Chris Hayes that the new position was not controversial among the paper’s 18 editorial writers and that when he raised the subject with the publisher, Arthur Sulzberger, “He said, ‘Fine.’ I think he’d probably been there before I was. I think I was there before we did it.” Better late than never, I guess, although I confess that seeing a New York Times editorial in favor of legalizing marijuana briefly made me wonder if I’ve been wrong about the issue all these years.
In their gratitude for the belated support of a venerable journalistic institution, antiprohibitionists should not overlook the extent to which the Times has aided and abetted the war on marijuana over the years. That shameful history provides a window on the origins of this bizarre crusade and a lesson in the hazards of failing to question authority.
[…]
In short, the Times first publicly toyed with the idea of marijuana legalization in 1972, but it did not get around to endorsing that policy until 42 years later. What happened in between? Jimmy Carter, a president who advocated decriminalization, was replaced in 1981 by Ronald Reagan, a president who ramped up the war on drugs despite his lip service to limited government. That crusade was supported by parents who were alarmed by record rates of adolescent pot smoking in the late 1970s. Gallup’s numbers indicate that support for legalizing marijuana, after rising from 12 percent in 1969 to 28 percent in 1978, dipped during the Reagan administration, hitting a low of 23 percent in 1985 before beginning a gradual ascent.
Legalization did get at least a couple of positive mentions on the New York Times editorial page during the 1980s. A 1982 essay actually advocated “regulation and taxation” as “a more sensible alternative” to decriminalization, arguing that “a prohibition so unenforceable and so widely flouted must give way to reality.” But that piece was attributed only to editorial writer Peter Passell, so it did not represent the paper’s official position. Four years later, an editorial that was mainly about drug testing asked, “Why not sharpen priorities by legalizing or at least decriminalizing marijuana?” Good question. Let’s think about it for a few decades.