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Argentina became the second Latin American country this week, after Mexico, to make a major step toward drug legalization after a decision by the country's supreme court:

The judges say the government should go after major traffickers and provide treatment to consumers, not jail.

The court struck down a law providing for up to two years in prison for possession of small amounts of narcotics.

The case involved several young men caught with marijuana cigarettes in their pockets.

The decision doesn't legalize drug possession outright. But Argentina's Cabinet chief favors decriminalizing drug consumption, and was waiting for Tuesday's ruling before forwarding a proposed law to Congress.

President Cristina Fernández de Kirchner has called for decriminalization as well. With Brazil and Ecuardor considering similar measures, Latin America seems to be going through a major rethink on drug policy. This year's report by the Latin American Commission on Drugs and Democracy, which was chaired by three former regional presidents and included my boss, may have been a big factor as well.

What effect this will have on the drug debate north of the border remains to be seen. U.S. drug czar Gil Kerlikowske has taken a "wait-and-see attitude" toward Mexico's decriminalization. Despite the developments in Latin America, the Obama adminsitration probably isn't going to touch drug policy right now given everything else on the agenda, (not that this has stopped Barney Frank.) but it does feel like there's a shift going on in the global debate.

 

BILL HARRIS

8:33 AM ET

August 28, 2009

Peace on the home front

Debaters debate the two wars as if Nixon’s civil war on Woodstock Nation didn’t yet run amok. One needn’t travel to China to find indigenous cultures lacking human rights or to Cuba for political prisoners. America leads the world in percentile behind bars, thanks to ongoing persecution of hippies, radicals, and non-whites under banner of the war on drugs. If we’re all about spreading liberty abroad, then why mix the message at home? Peace on the home front would enhance credibility.

The drug czar’s Rx for prison fodder costs dearly, as lives are flushed down expensive tubes. My shaman’s second opinion is that psychoactive plants are God’s gift. In God’s eyes, it’s all good (Gen.1:12). The administration claims it wants to reduce demand for cartel product, but extraditing Canadian seed vendor Marc Emery increases demand. Mr. Emery enables American farmers to steal cartel customers with superior domestic product.

The constitutionality of the CSA (Controlled Substances Act of 1970) derives from an interstate commerce clause. This clause is invoked to finance organized crime, endanger homeland security, and throw good money after bad. Official policy is to eradicate, not tax, the number-one cash crop in the land. America rejected prohibition, but it’s back. Apparently, SWAT teams don’t need no stinking amendment.

Nixon promised the Schafer Commission would support the criminalization of his enemies, but it didn’t. No matter, the witch-hunt was on. No amendments can assure due process under an anti-science law without due process itself. Psychology hailed the breakthrough potential of LSD, until the CSA halted all research. Marijuana has no medical use, period.

The RFRA (Religious Freedom Restoration Act of 1993) allows Native American Church members to eat peyote, which functions like LSD. Americans shouldn’t need a specific church membership to obtain their birthright freedom of religion. Denial of entheogen sacrament to any American, for mediation of communion with his or her maker, precludes the free exercise of religious liberty.

Freedom of speech presupposes freedom of thought. The Constitution doesn’t enumerate any governmental power to embargo diverse states of mind. How and when did government usurp this power to coerce conformity? The Mayflower sailed to escape coerced conformity. Legislators who would limit cognitive liberty lack jurisdiction.

Common-law must hold that adults own their bodies. The Founding Fathers decreed that the right to the pursuit of happiness is inalienable. Socrates said to know your self. Lawmakers should not presume to thwart the intelligent design that molecular keys unlock spiritual doors. Persons who appreciate their own free choice of path in life should tolerate seekers’ self-exploration.

Simple majorities in each house could put repeal of the CSA on the president’s desk. The books have ample law on them without the CSA. The usual caveats remain in effect. You are liable for damages when you screw up. Strong medicine requires prescription. Employees can be fired for poor job performance. No harm, no foul; and no excuse, either. Replace the war on drugs with a frugal, constitutional, science-based drugs policy.

 

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