of federal power can now be interred — glaucoma, and multiple sclerosis —to Clary Raich, one of the plaintiffs, who right beside the old Constitution of enu­ smoke grass for relief from nausea and explained: "We're just sick. We're not merated powers. pain. Although state troopers and lo­ criminals." cal police no longer toss these users in Raich suffers from chronic pain, multi­ William ]. Watkins, jr., is a research jail, Uncle Sam continues to arrest even ple tumors, and wasting syndrome; she is fellow at the Independent Institute and those who are dying. obviously no recreational pot user. "We the author of Reclaiming the American Never mind that Congress is dominat­ are not being disobedient," she notes. Revolution: The Kentucky and Virginia ed by Republicans who claim to believe "We are just using this medicine because Resolutions and Their Legacy. in federahsm, state autonomy, and limit­ it saves our lives." Raich adds: "With can­ ed government. Washington busily over­ nabis, I can play with my kids, walk with­ rides states that seek to protect the sick. out a wheelchair, sometimes even get a (Not every conservative is so hypocriti­ few hours sleep at night." Her doctor says Killing Off Limited cal. To his credit. Republican Rep. Dana pot was "the only drug of almost three Rohrabacher (CA) has joined Democrat­ dozen we have tried that works." Government ic Rep. Maurice Hinchley (NY) to push Although Angel Raich has not gone to legislation barring use of federal dollars to jail, the government has targeted other hy Doug Bandow prosecute medical-marijuana users.) patients who use and grow medicinal pot. Fifteen years ago, the U.S. Supreme The Drug Enforcement Agency raided he federal government cannot Court began to revive the original con­ the garden of co-plaintiff and fellow Cal- Tban criminals from bringing guns stitutional understanding that the federal ifornian Diane Monson, who suffers from to schools, but it can arrest a person for government did not have unlimited juris­ degenerative spine disease. Federal au­ growing marijuana at home to ease nau­ diction. The Court controversially over­ thorities also raided the home of Dana sea from chemotherapy. Such is the turned the Gun Free School Zones Act May of Aurora, Colorado, who tends mar­ state of Supreme Court jurisprudence. of 1990 (Lopez) and part of the 1994 Vi­ ijuana plants for himself and two other The intellectual case for the "War on olence Against Women Act (Morrison). people who are ill. Bryan Epis of Chico, Drugs" faded long ago. Criminalization These decisions suggested that there were California, was sentenced to ten years in of what is primarily a moral and health at least some limits on congressional pow­ prison after being arrested for cultivating problem has done little to stop substance er. As Justice Sandra Day O'Connor not­ medicinal pot. abuse. But draconian enforcement ef­ ed in her dissent in Gonzales v. Raich, Mr. Epis was released after the Ninth forts have done much to generate violent "The States' core police powers have al­ Circuit Court of Appeals barred federal street crime, disrupt and destroy neigh­ ways included authorit)- to define crimi­ medical-marijuana prosecutions, based borhoods, imprison millions of nonvi­ nal law and to protect the health, safet}', on Lopez and Morrison. Now, he might olent offenders, and spread conflict to and welfare of their citizens." have to serve the remaining eight years nations from Afghanistan to Colombia. States have not always done a good job, of his sentence. Moreover, the War on Drugs has penal­ but competition among them gives dis­ Advocates of Washington's drug war, ized the desperately ill and dying, who satisfied citizens a choice and encourag­ from such federal officials as "drug czar" have turned to pot as a last resort. es poor governments to improve. In this John Walters to such coercive "preven­ A decade ago, California legalized way, states are laboratories of social ex­ tion" groups as the Drug Free America medical marijuana. Ten other states perimentation. Foundation, cry crocodile tears for the followed, allowing patients — suffering In recent years, a dozen of them chose sick, arguing that marijuana is not good from such diseases as AIDS, cancer. to believe citizens such as Angel Mc- medicine. Maybe, but the anecdotal evidence is impressive, and polls found LIBERALARTS- that overwhelming majorities of Amer­ ican and British oncologists woidd rec­ ommend that their patients use pot if it YOU DON'T EVEN KNOW HOW IMPORTANT THIS IS were legal. The American Medical Association "Roughly 35,000 concert-goers ate it up Saturday as they took in the worldwide music Council on Scientific Affairs reported bonanza known as Live 8. that "anecdotal, survey, and clinical da­ "Saturday's show was one of nine held simultaneously around the world to pressure ta" demonstrate marijuana's medical ef­ leaders of the wealthy G8 nations to increase aid to Africa when they meet in Scot­ land this week. ficacy. The Institute of Medicine con­ "This is about eight very powerful men getting into a room and doing the right cluded that "marijuana has potential as thing,' said Motley Crue singer Vince Neil. medicine." "While most musicians who performed made mention of the purpose behind the Dozens of health organizations, includ­ event, it seemed lost on some in attendance. ing the American Cancer Societ)', Cali­ "Mart}' Gradwell from Whitby, Ont., said Saturday morning that he came to the Ca­ fornia Nurses Association, Kaiser Perma- nadian gig 'to rock out and enjoy the start of a warm summer.' nente, and WTiitman-Walker Clinic back "Asked what prompted the worldwide music bash, he could only \enture a guess. access to and/or research on medicinal "Tor AIDS in Afghanistan, is it?'" pot. Even the federal government's own —from a Canadian Press article hy Angela Pacienza and Tara Brautigam (July 2) National Institutes of Health acknowl­ edges that "Marijuana looks promising enough to recommend that there be new 42/CHRONICLES LICENSED TO UNZ.ORG ELECTRONIC REPRODUCTION PROHIBITED controlled studies done." passed away on February 20, 2005. If Frankie Avalon films were similarly off The issue is not pot's value as a medi­ we couldn't remake ourselves into the limits. cine but Uncle Sam's role. The debate image of "Gidget," then Mouseketeer- At the time, I was furious with my folks. should be carried out in state govern­ turned-beach-babe Annette Funicello, I argued that these movies were no differ­ ments across America, not in Washing­ Carol Lynlev [Blue Denim), Tuesday ent from those Bob Hope-Rosalind Rus­ ton. Grant that the federal government Weld {Rally Round the Flag, Boys!), sell Road Shows, or the Rock Hudson- correctly jails people who prefer to get Shelley Fabares {Ride the Wild Surf), or Doris Day comedies, not to mention the high on marijuana or cocaine rather Natalie Wood {West Side Story) had to Marilyn Monroe romps such as Some than derive their buzz from alcohol or do. There were others, of course. But Like It Hot. cigarettes. Grant that Washington can Sandra Dee defined the era. But the teen flicks of the 50's and 60's criminalize local sales because of their Our mothers' female idols includ­ were different. Older romantic comedies, connection to interstate drug shipments. ed Elizabeth Ta\lor, Hed\' Lamar, Ju­ such as the Hope-Crosby Road Shows, Nonetheless, if residents of Oregon, Col­ dy Garland, and Ingrid Bergman. Au­ were spoofs with a few exaggerated knock­ orado, Arizona, or any other state believe drey Hepburn, Leslie Caron, and Debbie outs that nobody took seriously. The that someone dying of cancer should be Reynolds were crossovers, but they, too, Rock Hudson-Doris Day films were light- left alone if he uses marijuana to con­ were replaced by packaged "stars" that hearted, forgettable, and aimed at family trol chemo-induced nausea. Uncle Sam catered almost exclusively to the nation's audiences. Parents decided when their should butt out. As Justice O'Gonnor teen and preteen culture, not to voung youngsters were mature enough to un­ observed, adults, as in the past. derstand them. Marilyn Monroe pictures Sandra, Annette, Carol, and Tues­ catered to a more mature audience, but There is simply no evidence that day all had "the look": wide-eyed inno­ again, her antics were mainly farcical — homegrown medicinal marijua­ cence that telegraphed the enthusiasm of overstated in a way that children would na users conshtute, in the aggre­ a much-coveted, just-opened Christmas not find amusing, in any case. Moreover, gate, a sizable enough class to have present. The\' also had perfect curves. the sexualih' offered in the 40's and ear- a discernible, let alone substantial, The "Twiggy" look came later, and we K' 50's was discreet, not blatant, and the impact on the national illicit drug 50's girls, steeped as we were in a Gidget/ characters were adults, not minors. market. Annette mind-set, were stumped as to The Gidget and Lynley films, repre­ why anybody would want to look like — sentative of the new "teen-flick" genre, Is there any limit on the reach of Uncle well, like most of us. Only as adults did challenged accepted values and frequent­ Sam's mailed fist? hideed, if the opinion we discover that Sandra Dee starved her­ ly defied them. Underage female charac­ in Gonzales v. Raich is correct, one has to self to preserve that hour-glass waistiine. ters were continualK' placed in sexually wonder why the nation's founders both­ "The look" meant being sexy without compromising situations. Wliile humor­ ered to write a constitution. They simply trying—z.e., sexiness without the flaunt­ ous interludes did exist, the Gidget se­ could have explained legislative power in ing.