Paul Ingrassia makes “The Case against Legalizing Marijuana.” It’s a bad piece because it asks the wrong questions, and thus comes to the wrong conclusions. It approaches the question from a harm/benefit analysis angle, without ever pausing to ask: Why is this the government’s concern?
The question it doesn’t ask is: Is it the federal government’s job to continue federal marijuana prohibition?
Missing from this piece: Any mention of the Constitution. Where in the Constitution did the founding fathers list control of what people might grow in their own ground as an enumerated power of the federal government?
Nowhere.
The statutory standing of the federal government to do so rests on a tendentiously expansive reading to the commerce clause in Wickard vs. Filburn, which radically expands the power and scope of the federal government. Absent interstate commerce, federal marijuana regulation is neither necessary nor proper.
The question of benefit or harm of marijuana is irrelevant to the question of whether the federal government has the enumerated constitutional power to regulate marijuana if it is not being sold across state lines. It does not. Therefore, under the Tenth Amendment, federal marijuana prohibition should be ended and the power of non-interstate commerce regulation on marijuana should devolve to the states, to regulate or not as voting citizens and their representatives see fit.
Further nits: