Pubdate: Tue, 20 Dec 2005 Source: Star-Ledger (Newark, NJ) Copyright: 2005 Newark Morning Ledger Co Contact: http://www.nj.com/starledger/ Details: http://www.mapinc.org/media/424 Author: Paul Mulshine Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) A CLEAR-EYED VIEW OF LIBERTY On Sunday I phoned a friend of mine, who shall remain nameless, to seek his views on the question of the legalization of marijuana. This is a subject dear to his heart, for reasons that will soon be obvious. I told him that I had recently visited California, where I had, among other things, attended the Notre Dame-Stanford football game. "Wait a minute," my friend replied. "The Notre Dame-Stanford game is on TV right now. I was just watching it." I assured him that the game had taken place over the Thanksgiving weekend and that Notre Dame had won. This made no impression. Who was he going to believe, me or his own eyes? Finally after some badgering, I got him to read the TV listings. Sure enough, he was watching a replay. I'd spoiled it for him. If I hadn't called, he would have experienced quarterback Brady Quinn's last-minute heroics in some alternate universe in which regular-season college football games are played in mid-December. Such are the joys of cannabis consumption. I myself prefer beer, but far be it from me to criticize the habit. I don't care what drugs an adult chooses to burn and inhale as long as I don't have to breathe the resulting cloud of smoke. And as much as I like to make fun of California and Californians, I have to say they have made great strides in this area. I think their example can be quite useful to us in New Jersey as our Legislature moves to ban smoking in bars and restaurants. That ban passed the state Senate last week. It will pass the Assembly next month as well unless the tobacco and liquor lobbies can buy enough legislators to stop it. Critics of the measure predict all sorts of ill effects, economic and otherwise. However, the experience of other states, most notably California, shows that such a ban works out just fine. That was certainly my experience. On making my rounds of the brew pubs for which the Bay Area is justly famous, I found it quite pleasant to be able to imbibe a pint of wonderful, health-giving ale without getting a face full of fumes from some pathetic nicotine addict. As for the predicted economic collapse of the bar and restaurant business, it didn't occur. In California, as in New York and other places, the nicotine fiends merely took their filthy habit outside. Here in Jersey, we are hearing the usual warnings about how a ban on smoking in bars will leave us just one step away from the era of Big Brother. The characters making these comments reminded me of the Cold War-era joke about a Marxist commenting on some policy that seemed to be working out all right. "This is all very well in practice," the old crank commented. "But will it work in theory?" Now that Marxism is a memory, that way of thinking seems to have migrated to the political right, if my e-mail is any indication. The ban on cigarette smoking in bars, I am told, is evidence of the decline of individual liberty in America. My experience in California indicates otherwise. Any reasonable person would have to grant that the typical smoker in California has not less but more freedom than a smoker in other states. He has the most crucial freedom of all: the freedom to choose what to smoke. If he prefers marijuana to tobacco, it seems the state and local governments won't interfere as long as he doesn't bother anyone else. The California Highway Patrol even announced recently that its members will not be confiscating pot from vehicles as long as the pothead in question has a medicinal marijuana permit, which any adult can get for virtually any reason. The upshot is that potheads in California have a degree of freedom almost indistinguishable from that of nicotine fiends. Meanwhile, the beer drinkers are spared the smoke of either of those noxious weeds. That situation represents, by any measure, an advance for liberty rather than a defeat. The only loser is Big Tobacco, which has been knocked off its privileged perch as compared with other recreational drugs. Actually, there's one more loser: the federal government. Despite the clear language of the Constitution, the federal government has for some years now taken over more and more of the powers that rightly belong to the states, among them the power to regulate intrastate trafficking in drugs. The theory of the inside-the-Beltway crowd is that all such decisions about drugs must be made in Washington. If D.C. says a drug is legal, then it's legal everywhere. If it's illegal, then it's illegal everywhere. The people in the provinces are reclaiming their power, however. Even those of us who don't smoke pot have to agree that this is an encouraging development for liberty. - --- MAP posted-by: Richard Lake