Pubdate: Mon, 09 Feb 2009 Source: Arbiter, The (Boise State, ID Edu) Copyright: 2009 The Arbiter Contact: http://www.arbiteronline.com Details: http://www.mapinc.org/media/3516 Author: Katherine Thornton Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) FISCAL FEDERALISM: ARE STATES RIGHTS FOR SALE? Did you happen to catch the film "Super High Me?" The documentary follows comedian and former High Times "Stoner of the Year" Doug Benson as he smokes massive amounts of weed. Benson first abstains from smoking for 30 days and is given a battery of tests. After the first period of sobriety, Benson smokes copious amounts of weed for 30 days and is given the same battery of tests. The results are surprising and amusing. Just as surprising is the more serious topic addressed in the film: California's medical marijuana movement. In 1996, California voters passed Proposition 215, which removed criminal penalties for the use of marijuana for medical purposes. Thus, if you can get a board certified physician to write you a prescription for marijuana, the state of California will not prosecute you criminally for being in possession. Making it seem easy, Benson flashes his legally obtained medical marijuana card and tours different medical marijuana clubs all over California. Yes, these clubs could be heaven on earth, until the Drug Enforcement Administration drops by. "Super High Me" also addresses the DEA raiding businesses that distribute marijuana. How can they do that? Is our federal government justified in shutting down hard-working, properly licensed, perfectly legitimate tax-paying businesses? According to National Public Radio, the medical marijuana industry produced more than $100 million in tax revenue for the state of California in 2007. When state and federal laws compete, which succeed and which triumph? "It is a system of shared powers, which means it is always subject to interpretation and controversy," Gary Moncrief, professor of political science at Boise State University, said. OK, so the DEA does have jurisdiction, but why? Moncrief clarified that the states' power of self government has changed over time. "Fiscal federalism makes the system much more complex because areas that at one time were left to the states (police powers, education, health, etc.) are now shared because the federal government provides some funding in exchange for some say in the policies," Moncrief said. The simple conclusion is the American public is allowed an increase in the federal government's power. When asked, Boise State students thought the power should be with states. "The national government is worried about [49] other states," Chris Bermensolo, a sophomore in the nursing department, said. "With states you're just worried about the people who are located within the state." The citizens of California who passed Proposition 215 are putting state rights to practice, but ultimately the federal government holds the cards in this issue. There are several other issues, such as health care and other social programs, which ride this line between state and federal power. These programs affect us directly whether you're a recipient of these programs or your taxes fund them. So, take a step back and ask yourself this question, who do you want deciding the public policy's that affect you in your everyday life? - --- MAP posted-by: Larry Seguin