A recent Fortune Magazine article, “How Marijuana Became Legal” should give Constitutional activists some great ideas on how to approach other issues where the federal government is outside the scope of their constitutionally-delegated powers. Here’s an excerpt:
Over the years the government’s position has become progressively more embattled, if not untenable.
Thirteen states now have laws that let residents use marijuana medicinally, typically to alleviate chronic pain (particularly nerve pain caused by diabetes, AIDS, and hepatitis); manage movement disorders and muscle spasticity (especially for multiple sclerosis patients); as an anti-nausea and anti-vomiting agent (for those, say, undergoing chemotherapy); and as an appetite stimulant (yes, as in “the munchies”) for those with wasting diseases like AIDS and cancer.
Another 15 states are weighing legislation or ballot initiatives that could turn them into medical marijuana states by next year.
My view of this is less about marijuana in particular, and more about the method it’s becoming de-facto legalized in America. This is not happening because a bunch of activists are marching on D.C. or calling federal legislators, or lobbying the federal government in any way.
The moral of the story? Ignore the federal government. You can be far more effective when you do.