Showing posts with label ballot. Show all posts
Showing posts with label ballot. Show all posts

Friday, March 26, 2010

Doobie or Not Doobie?



It may be an issue whose time has come. And, if that is the case, there may be no more appropriate place for it than California.

Voters in that state will decide in November whether to legalize and regulate marijuana use, an issue that has come before voters in other states in other election years but has always failed.

In 2010, however, there is an unusual confluence of issues, like two mighty rivers that meet and create an even greater force, that might make this vote different from the rest. Even if the eventual result is the same, the margin may be closer than it has ever been — and it may be a sign that the tide is turning.

First, there is the recession, which has produced — thus far — a 13.2% unemployment rate in California and a shortfall of the state budget that has forced Gov. Arnold Schwarzenegger to call for "draconian" spending cuts while warning that there is surely more/worse to come.

The folks in Washington seem to have lost sight of the fact (assuming — and that is a huge assumption — that they ever fully realized it in the first place) that this recession — and the unemployment it has spawned — is different from the others with which they have dealt. And they appear determined to fight it the same way they initially chose to fight Saddam Hussein and the Iraqis — on the cheap.

On the cheap didn't work in Iraq, and it won't work against the recession.

Policy analyst Samuel Sherraden, in an article for CNN.com, says the new jobs bill, in which the president and the members of his party seem to place so much faith, is doomed to fail because it focuses on inadequate tax credits instead of promoting infrastructure.

Of course, it is understandable — to a point — why infrastructure is not emphasized. Infrastructure costs money, lots of money, but revenue is down because fewer people are working and paying taxes — so there isn't as much money available as there once was.

"The House of Representatives passed a relatively strong bill in December, which included $48 billion in infrastructure spending," Sherraden writes. "Now the House and the Senate have adopted a bill that consists primarily of a payroll tax deduction for employers who make new hires and keep them on for a year. The original House jobs bill was $154 billion. The new bill is one–tenth the size."

I'm not an economist, but I don't think you have to be to see that Sherraden is right. The money simply isn't there, and the jobs bill doesn't provide the sources for the kind of revenue that is needed to repair the infrastructure and put millions of unemployed Americans back to work.

Legalizing, regulating and taxing marijuana has the potential to produce the kind of revenue — I've heard it estimated that legalizing marijuana in California alone can produce $1 billion annually in tax revenue for the state — that will address the infrastructure issue. And it will keep doing so beyond 2010, unlike the tax credits the Democrats have proposed.

As Sherraden observes, "It is unwise to pass a temporary hiring incentive that will expire during a year when the unemployment rate is forecast by the Congressional Budget Office to average 9.5 percent."

Yet, in addition to providing the kind of revenue that could be used to make meaningful improvements in the nation's infrastructure, legalizing marijuana could create, virtually overnight, the demand for all kinds of jobs. Those people in occupations that would be adversely affected by legalizing marijuana — for example, lab workers who perform drug tests and law enforcement officials who have been waging a losing war against marijuana for decades — would simply be reassigned to more productive pursuits. It is doubtful that their jobs would be eliminated, only the functions of the jobs. If marijuana is legalized, attention can shift to testing for the use of demonstrably deadly drugs and the enforcement of laws against violent behavior.

Then there is health care reform, an issue that has dominated the thinking of Barack Obama (who seems to have devoted more attention to his NCAA Tournament predictions in the last couple of years than he has to unemployment) and the Democrats in Congress for more than a year. With the passage of health care reform legislation, the thoughts of many have turned to the subject of easing the pain of those afflicted with AIDS, cancer, glaucoma, etc. And that is where the issue of medical marijuana comes in.

Marijuana has been proven — repeatedly — to be effective at fighting the nausea that is a by–product of some treatments (most notably, chemotherapy). It has also been shown to stimulate appetite, which is helpful for those whose medical treatments have robbed them of the desire for food. For glaucoma patients, it eases intraocular pressure that robs people of their vision.

However, fear mongers continue to spread inaccuracies (I prefer that word to lies even though this is one of those times when the latter is more appropriate) about marijuana. I can only assume that, because medical science has established a connection between tobacco consumption and life–threatening illnesses like lung cancer, opponents of legalization have jumped to the conclusion that smoking anything will cause lung cancer, too. I am aware of no medical studies that have shown that marijuana causes cancer. In fact, the Journal of Clinical Investigation, which makes its research articles from the last 86 years freely available online, has demonstrated precisely the opposite. JCI's research shows that marijuana kills cancer cells, which is one more therapeutic benefit.

Of course, it is unlikely that most of the people who consume marijuana do so as a preventive measure — although there may be some who smoke it because they are concerned about the prevalence of cancer in their families.

But it is ironic, I believe, that this issue comes up now — not just because of the passage of health care reform but because it was one year ago that, during his celebrated online town hall meeting, Obama ridiculed the 3½ million people who submitted questions about the legalization of marijuana.

This comes at a time when officials have observed a reversal in marijuana use among the young. For many years, propaganda campaigns succeeded, to an extent, in discouraging marijuana consumption, but recent surveys have noted a shift in the behavior of the young.

Such a shift has been increasingly hard to ignore — or write off as the behavior of those who are unmotivated and untalented. Just a few days ago, Don Banks reported for SI.com that folks in the NFL "are concerned about the increased number of prospects who have a history of marijuana use in their background."

Banks' article goes on to observe that eliminating players — given the success that some marijuana users have had in the NFL in recent years — because they failed drug tests doesn't make sense if the NFL's personnel people are interested in winning — and keeping their own jobs. Some, no doubt, cling to the long–disproved allegations that have been used to justify keeping marijuana illegal — that it causes death, that it leads to madness and violent criminal behavior, that it serves as a "gateway" to other drugs.

Well, Pete Guither debunks a lot of the myths. As he clearly demonstrates, prohibition was on the wrong side of history in the 1930s.

And it's on the wrong side now.

Monday, September 22, 2008

The Letter of the Law

Libertarian presidential candidate Bob Barr won't be sitting in the Oval Office come January.

If it's possible to predict anything in this presidential year, that much is certain — along with the fact that Ralph Nader also will not be the 44th president.

That distinction will belong to either Barack Obama or John McCain.

But the path those men must follow to the White House became a little murkier last week, when Barr filed a lawsuit to keep Obama and McCain off the Texas ballot.

Whatever one may think of Barr's political views, it seems he's got a legitimate legal point. He contends both the Democrats and the Republicans missed the deadline imposed by state law.

"Barr’s calculations were that the candidates would have had to file by Aug. 25," writes Anna Tinsley in the Fort Worth Star-Telegram, "before Obama (Aug. 28) and McCain (Sept. 4) had accepted their parties’ nominations."

The secretary of state's office insists that everything was done appropriately.

"On Sept. 3, the secretary of state certified the ballot for the Nov. 4 general election," an office spokesman was quoted in the Star-Telegram. "The certified ballot includes presidential candidates nominated by the Democratic, Republican and Libertarian parties — as well as the declared list of write-in candidates."

It appears that Barr's case is based on a formality: Neither party's ticket had been officially nominated by the deadline.

In order to accomplish that, both parties probably would tell you that they would have had to schedule their conventions to conflict with the Olympics in Beijing in mid-August.

That's not really true.

The only scheduling regulation I'm aware of — whether it's legal or merely customary, I don't know — is that the party in power holds its nominating convention second. Because the Republicans won the White House in the last election, their nominating convention had to come after the Democrats concluded their convention.

While I'm sure that international diplomacy and courtesy were factors, what is more likely, I think, is that the conventions were scheduled with an eye to new campaign finance laws — which permit candidates to spend unlimited amounts of money before the convention, but restrict fundraising afterward for parties to qualify for federal campaign funds.

In the past, the challenging party has held its convention in July, even June. There was nothing (other than the laws that govern campaign financing) that I know of that would have prevented the Democrats from holding their convention in July, leaving the Republicans with ample time to hold their convention before the start of the Olympic Games on August 8.

But if qualifying for federal funds — and not the anticipation of complaints about holding a political convention during a global athletic event that is supposed to transcend politics — led the parties to schedule their conventions as late as they did, too little attention was given to compliance with existing laws.

And, since these conventions are scheduled well ahead of time, it seems to me that it follows that there would have been ample time to amend existing laws — either the federal campaign financing laws or state laws like the one Barr is challenging in Texas — so that such a problem would not occur.

Thus, I am left to conclude that somebody dropped the ball.

Barr is going to get some attention for his cause — but little else — from his legal maneuvering.

Of the two major party candidates, it seems to me that Obama has a modest loophole. Although it's technically true that neither party had nominated its ticket by the Texas deadline, Joe Biden had been named as Obama's presumptive running mate by that time. The ticket had not been formally nominated, but its complete identity was known.

Sarah Palin, on the other hand, was not named as McCain's running mate until four days after the deadline. It's hard for the Republicans to argue convincingly that the identity of their ticket was known by Aug. 25 — all that was known at that time was the identity of the presidential nominee.

But it's also hard for me to imagine that Texas, which hasn't voted for a Democrat for president in 32 years, will allow the Republican ticket to be left off the ballot based on that — especially when you consider how crucial Texas is to the Republicans' hopes for victory.

All the statewide office-holders in Texas are Republicans (not to mention the fact that the incumbent president is a Texas Republican). No matter how Barr's court case plays out, I'm sure they'll find a way to keep the McCain-Palin ticket on the November ballot.

In every election scenario I've seen, whether it shows Obama or McCain winning, Texas is in the Republican column. McCain isn't guaranteed a national victory with the support of Texas' electoral votes — but he absolutely cannot win without them.