First the Wall Street Journal, now FOX News! It does my heart good to see these Alcohol Prohibition vs. Drug Prohibition op-eds in such conservative media! This is from Radley Balko, who writes for Reason.com and his excellent blog, The Agitator.
FOXNews.com – Repeal Day Serves as Reminder of the Folly of Our Drug Laws – Opinion
When America repealed prohibition, we repealed it with a constitutional amendment making explicit that the power to regulate alcohol is reserved for the states. Even today, when Congress wants to pass federal alcohol laws (such as the federal drinking age, or the federal minimum blood-alcohol standard for drunk driving), it can’t simply dictate policy to the states. Instead, it ties the laws to federal highway funding, a blackmail that while distasteful, at least carries the pretense of adherence to the Constitution.Contrast that to drug prohibition, where Congress (and the Supreme Court, when it upheld it) made no attempt to comply with the Constitution in passing the Controlled Substances Act of 1970 (CSA), the law that gave us the modern drug war.
Eliot Ness and his colleagues raided supply lines, manufacturing hubs and warehouses, but alcohol consumption was still legal. You didn’t have armed-to-the-teeth cops breaking down the doors of private homes the way they do now for people suspected of consensual drug crimes. During prohibition, doctors could prescribe alcohol as medication. Today, federal SWAT teams storm medical marijuana clinics and terrorize their patients, thanks to the Supreme Court’s 2005 decision in Gonzalez v. Raich, which allowed the federal government to prevent a dying woman from possessing medical marijuana, solely for her own use, to treat the symptoms of her illnesses, even though the voters of California had determined that she should be left alone.
