ESQUIRE: Could you tell me why you’re doing it at this time? Everybody says you guys have got so much to handle right now.

BARNEY FRANK: Announcing that the government should mind its own business on marijuana is really not that hard. There’s not a lot of complexity here. We should stop treating people as criminals because they smoke marijuana. The problem is the political will.

ESQ: That’s my second question. There’s already been a lot of change in the country. Thirteen states have decriminalized pot. What’s holding up Congress?

BF: This is a case where there’s cultural lag on the part of my colleagues. If you ask them privately, they don’t think it’s a terrible thing. But they’re afraid of being portrayed as soft on drugs. And by the way, the argument is, nobody ever gets arrested for it. But we have this outrageous case in New York where a cop jammed a baton up a guy’s ass when he caught him smoking marijuana.

ESQ: You’re kidding.

BF: Actually, I’ve just been corrected by my partner – it was a radio he jammed up the guy’s ass, not his baton.

ESQ: Small radio, I hope.

…

BF: Here’s one thing I would say – there’s a great intellectual flaw at work here. People say, “Oh, you want the government to approve of smoking marijuana.” And the answer is, no, there should be a small number of things that the government makes illegal, but the great bulk of human activity ought to be none of the government’s business. People can make their own choices.

ESQ: What about the “public-square” argument that we need to keep prostitutes off the streets and pot-smokers on the run in order to promote a higher level of morality and civic order?

BF: One, I don’t think it’s immoral to smoke cigarettes or drink alcohol, even though they may make you sick. Morality to me is the way you treat other people, not the way you treat yourself. John Stuart Mill’s On Liberty makes a great deal of sense in that regard. I wish more people read him.

Rep. Frank is absolutely right, so here is a little bit of On Liberty for today’s assigned reading.  Then go to NORML’s Take Action center and send your email to your congressperson to support HR 2943.

Though society is not founded on a contract, and though no good purpose is answered by inventing a contract in order to deduce social obligations from it, every one who receives the protection of society owes a return for the benefit, and the fact of living in society renders it indispensable that each should be bound to observe a certain line of conduct towards the rest. This conduct consists first, in not injuring the interests of one another; or rather certain interests, which, either by express legal provision or by tacit understanding, ought to be considered as rights; and secondly, in each person’s bearing his share (to be fixed on some equitable principle) of the labours and sacrifices incurred for defending the society or its members from injury and molestation.

… But neither one person, nor any number of persons, is warranted in saying to another human creature of ripe years, that he shall not do with his life for his own benefit what he chooses to do with it. He is the person most interested in his own well-being: the interest which any other person, except in cases of strong personal attachment, can have in it, is trifling, compared with that which he himself has; the interest which society has in him individually (except as to his conduct to others) is fractional, and altogether indirect…

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From a letter to the editor in Canada’s National Post, regarding the recent Barbara Kay / legalization debate, a Canadian who hits the nail on the head:

In responding to the Post’s recent editorial supporting the decriminalization of marijuana, letter-writers Akbar Hussain and Barry Lubotta make excellent arguments. John Stuart Mill made a much stronger one, however, in On Liberty: “That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant.”

Al though one could question the dubious link between immorality and an individual’s decision to use certain substances, I believe Mill was explaining precisely how irrelevant that kind of discussion should be in a just society where laws are based on essential legal rights, not opinions or the morals of influential crowds.

Sandy Gibson, Toronto.

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