Grandpa won’t have to look over his shoulder much longer thanks to the U.S. Supreme Court. The same ruling that tossed out the antiquated Professional and Amateur Sports Protection Act, which outlawed betting on sports games in 1992, also clears the way for states to legalize marijuana.
The reason that the highest court invalidated the gambling law was because under the Tenth Amendment to the Constitution, only states have the power to make that decision. Without any fuss, the Supreme Court just quietly gave that power back. This is so huge, conservatives can hardly believe it’s really true.
The founding fathers knew they could never foresee every challenge that would face the nation in the future, so they created a “fail safe.”
The constitutional principle decided this week revolves around the fact that the powers of the federal government are laid out specifically and explicitly by the constitution.
The Tenth Amendment says that any powers that are not specifically granted to the Federal government are granted to the states.
Thomas Jefferson and Benjamin Franklin didn’t write one word about power to regulate friendly wagers into the Constitution. They probably made more than a few themselves. Seven out of the nine Supreme Justices agree, that this means the federal government has to stay out of it.
Lawyers will soon be in court arguing that the federal government has no authority to ban states from, one by one, legalizing ganja either. Most pot smokers would prefer to “buy American” than have their hard earned money funding the Mexican cartels.
In a stunning victory for state’s rights, Justice Samuel Alito wrote the opinion for the constitution defending majority. Their ruling says that the 1992 act didn’t just infringe on state prerogatives it actually “commandeered” power from the states, “essentially forcing them to act in ways they otherwise would not.”
Judge Alito was sure to spell out that “the Constitution did not grant the federal government this level of power.”
In the legal profession, there is one primary rule of thumb. Don’t try to re-invent the wheel. The first thing everybody does when a legal question comes up, is look to see if it came up before.
Supreme court decisions create “precedent” that is carved in stone. Once an issue is decided by SCOTUS, it is decided for good. Not only that, anything that hinges on the same principle is affected. As soon as the gambling ruling was announced, cannabis related stocks started going through the roof.
The stock trading algorithm known as the “S-50 Trigger” uses artificial intelligence to analyze “social, economic, and political patterns that will directly affect a select group of stocks.” When the ruling came out, S-50 started issuing buy instructions for all sorts of cannabis related companies.
It was the federal government, not the states, that declared marijuana to be a “schedule one narcotic,” the same as heroin. In 1970 they blindly accepted the word of the pharmaceutical industry that cannabis has “no currently accepted medical use and a high potential for abuse.”
Before then, the 1937 Marijuana Tax Act was nothing but “reefer madness.”
According to the Federal Bureau of Narcotics commissioner, Harry Anslinger, out of all the marijuana smokers in the U.S. at the time, “most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music — jazz and swing — result from marijuana use.”
He said more but it was not very nice. None of it is true either. Anslinger’s head would explode if he had been exposed to “rap.”
Obviously, the founding fathers approved of marijuana. George Washington grew hemp at Mt. Vernon.
The plant has thousands of non-medicinal uses from rope to cloth to biodegradable plastics. Medically, we now know that cannabis has hundreds more uses. So many, that pot is actually a significant threat to the profits of drug manufacturers.
Even though marijuana has been outlawed since 1970, nobody has ever had any problem finding it, even where it is still outlawed totally. Stores where you can buy all kinds of gear and accessories to smoke and otherwise prepare it dot every city.
The only time law enforcement seems to take notice is when they can use it to infringe on a person’s rights.
Simply because marijuana is federally illegal, any cop in the nation can pull you over, give you a sniff, and if he so much as “suspects” an odor of the “el supremo” he can search your car, or worse. That is only one example.
States right now are hungry for money and there are two sources of ready cash ripe for harvesting, gambling and marijuana.
Legal gambling operations will soon be pulling in billions. Companies are expected to “be up and running in 32 different states within five years.”
All those bales of pot are worth billions more. Taxes make up the lion’s share of the legal marijuana price. Considering all of the money spent on grass in this country today, in the states where it is available for use, it could balance state budgets and then some.
More funds will then be available to fight serious drug abuse. Legalizing pot would pay for a lot of doses of Narcan.