It looks like California is ready to pass a law allowing local governments the authority to decriminalize and even tax marijuana distribution. Of course, the federal government has already begun huffing and puffing about how the law will not impact them at all, and they will continue to make arrests in the state. Their threats don’t really have much force, since they currently make about 5% of marijuana arrests in California.
The bigger issue is whether this is going to be the crack in the dam, inspiring legalization campaigns around the country. My interest is going to be in how the recent 10th amendment folks are going to react. We’ve been hearing a lot about nullification and states rights regarding “Obamacare”, but are these folks really principled federalists, or just whiners? Are they going to apply their newfound love for constitutional principles to issues they might not agree with? After all, it’s the commerce clause in the constitution that the federal usurpers use to defend control over drug laws and health insurance.
So, I put this as a challenge to the “tenthers” out there. Are you going to be consistent, or are you going to show that your “principles” were mere whitewashed pragmatism?