Commentary by Michael Swickard, Ph.D. - © 2012 Be it a Chinese curse or not, we certainly do live in interesting times. Our times were made even more interesting by voters in Colorado and Washington who passed a ballot measure allowing the legal use of marijuana. It is not a blank check, but citizens of these states can do some things the federal government does not allow.
As to if you should or should not use recreational marijuana: I am not taking sides, rather, I want to explore the rights of a state to make laws for its own citizens outside of federal law. Know this: the states created the federal government, not the other way around. But you would not know this fact by the actions of our current federal government.
So the recreational use of marijuana is on the plates of citizens of those two states. There are already a number of states that allow the use of medical marijuana where the federal government says that the use of marijuana for any reason violates federal law. The states allowing medical marijuana to be used and perhaps misused include New Mexico where the use of medical marijuana falls in a never-never land of conflicting laws. We do not know the status of users between legal and illegal.
I have written previously that this should never happen in a nation of laws: no citizen should be both legal and illegal at the same time. It just does not look right. Rough men and women with guns stand ready to either indulge New Mexicans or arrest them and we cannot find out who speaks for New Mexico. Can our governor, who does not like marijuana the same as me, decide to protect those medical marijuana users?
So here is the rub, how can a citizen of this great nation do something that is concurrently legal and illegal at exactly the same moment? How can we mouth the words, the government, and have those words mean vastly different things? How can I know who the heck is in charge? Do the states dance to the tune of the federal government or can we play a different tune in Colorado and Washington along with the medical marijuana states?
The voters of the two states smoked themselves a deal when it comes to the federal restriction on the use of marijuana. They played the states card and now we need to see if the card carries any snap to it. In theory those powers not given to the federal government by the Constitution are reserved for the states. And certainly the use of marijuana was not considered by the founding leaders.
The test of States’ Rights is easy and possibly will not hurt too many people. The leaders of the great states of Washington and Colorado need to get together for a smoke-in to test the powers of the federal police. Surrounded by their own state police the heads of each state needs to consume in one form or another some of the federally illegal but state legal substance of marijuana to test their own authority as a state.
It might be an interesting spectacle the heads of states all grabbing a marijuana laced cookie or even lighting up in areas where it is legal to smoke in each state capitol with their own state police protecting them. Would the federal government try to send in storm troopers to break up the party or would the federal government yawn and say we will get you in the pocketbook? Who knows?
Picture if you will the governor of New Mexico, Susana Martinez holding some medical marijuana with her husband Chuck Franco and the security detail backing her up. If a federal agent tries to assert federal power over New Mexico, Susana can say, “I want you to go call your mother and tell her you love her because this is not going to end well for you.” Neat threat and it would test the resolve of the federal government to control the citizens of New Mexico.
Only if the leaders of the states actually put the law to the test can the citizens decide that it is legal to use the substances. Yes, I know that their opponents in the next election may use those images to good effect but the leaders owe the citizens the cover. Nice to get the applause and the honors but now the leaders of each state would have to do something for their citizens that would take guts and gumption.
Well, maybe instead they could give a fiery speech about their state protects its citizens but each cannot touch evil marijuana because it is against federal law. Wouldn’t that be a fine howdy-do?
Dr. Michael Swickard is co-host of radio talk show News New Mexico 6 to 9 a.m. Monday - Friday on a number of New Mexico radio stations and through streaming. Email: michael@swickard.com
