# Political Consequences if Congress legalized marijuana? **URL:** \ **Category:** Great Debates\ **Created:** [November 23, 2008, 4:38pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109 "2008-11-23T16:38:35Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\ **Post date:** [November 23, 2008, 4:38pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/1 "2008-11-23T16:38:35Z")
Hypothetically, let’s say that on January 21, 2009 Congress grows a huge pair of balls and decides to legalize marijuana. Would there be major repercussions in 2010 for those who voted for it? Let’s assume they restrict the age to purchase at 21, and ban the sale within a thousand feet of any schools in order to ward off the “think of the children!” hysteria that might ensue. If individual states wish to maintain prohibition, they are free to do so, but Congress will not interfere with states that decide to allow the use of marijuana by adults. I think they could get away with it. The majority of americans would be outraged about it at first, but in 2 years time they’d see that our civilization did not fall apart and they simply wouldn’t care much about it anymore. ---
**Author:** ![Nobody](https://avatars.discourse-cdn.com/v4/letter/n/94ad74/32.png) [@Nobody](https://boards.straightdope.com/u/Nobody)\ **Post date:** [November 23, 2008, 6:32pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/2 "2008-11-23T18:32:17Z")
Tough call. More and more states are legalizing medical marijuana despite the federal government’s ban on it, so at least congressmen/women from those states might be OK, but then again, I could see such a move causing those against legalized marijuana to come out in huge numbers, and a bunch of incumbent senators and representatives might loose their seats to opponents who pledge to make it illegal again. The average American’s view seems to be changing towards acceptance of marijuana (medial marijuana at the very least), but I don’t think we’re at the point where we’ll accept complete decriminalization or legalization for the whole US just yet. ---
**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\ **Post date:** [November 23, 2008, 6:38pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/3 "2008-11-23T18:38:26Z")
We could quit tossing people in jail for it and save a bunch of money. We could tax it and make a bunch of money. Prohibition does not work. You can get it in any neighborhood. A little realism will go a long way. The people don’t really think too deeply about drugs. ---
**Author:** ![vison](https://avatars.discourse-cdn.com/v4/letter/v/e47774/32.png) [@vison](https://boards.straightdope.com/u/vison)\ **Post date:** [November 23, 2008, 6:46pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/4 "2008-11-23T18:46:46Z")
Yes, the simple matter of “decriminalizing” it will be ignored and “legalizing” it will be the path taken - when it’s taken. Whenever that is. I think it will be a while off, though. Too much money in the illegal trade - too many vested interests don’t want to see any change toward moderation in the drug laws. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [November 23, 2008, 7:06pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/5 "2008-11-23T19:06:07Z")
> [@Blalron](#): > > Hypothetically, let’s say that on January 21, 2009 Congress grows a huge pair of balls and decides to legalize marijuana. Would there be major repercussions in 2010 for those who voted for it? All Congress can do is repeal the **federal** marijuana laws. It would still remain illegal in every state. ---
**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\ **Post date:** [November 23, 2008, 7:09pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/6 "2008-11-23T19:09:13Z")
> [@Nobody](#): > > Tough call. More and more states are legalizing medical marijuana despite the federal government’s ban on it, so at least congressmen/women from those states might be OK, but then again, I could see such a move causing those against legalized marijuana to come out in huge numbers, and a bunch of incumbent senators and representatives might loose their seats to opponents who pledge to make it illegal again. The House members would have a tougher time than Senators. Assuming that only those Senators who are up for re-election in 2012 or 2014 vote Yes, they have a four to six year cushion between legalization and their run at re-election to soften the blow. And keep in mind that if it did pass, the anti-marijuana laws in all 50 states would still be on the books. The Federal Law would simply be stepping out of the way. It would seem to go against “conventional wisdom” to pass such a bill. Most Congresscritters would view it as political suicide and wouldn’t want to risk it. But I think Conventional Wisdom is wrong in this case. ---
**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\ **Post date:** [November 23, 2008, 7:11pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/7 "2008-11-23T19:11:27Z")
> [@BrainGlutton](#): > > All Congress can do is repeal the **federal** marijuana laws. It would still remain illegal in every state. Very true. It would simply open the door for states to decide for themselves on this issue. Probably only a handful of states would legalize and it would probably be 20 or 30 years before it’s legal for most of the country. But that makes such a proposal have an even more realistic chance of suceeding without a huge backlash, IMO. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [November 23, 2008, 7:15pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/8 "2008-11-23T19:15:27Z")
> [@Blalron](#): > > Hypothetically, let’s say that on January 21, 2009 Congress grows a huge pair of balls and decides to legalize marijuana. Actually, they could do it [the first full day of the 111th Congress](http://en.wikipedia.org/wiki/111th_United_States_Congress), which is January 6, 2009. Of course, on that day they will be quite busy counting and certifying the votes from the Electoral College. ---
**Author:** ![Lakai](https://avatars.discourse-cdn.com/v4/letter/l/9de0a6/32.png) [@Lakai](https://boards.straightdope.com/u/Lakai)\ **Post date:** [November 23, 2008, 7:35pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/9 "2008-11-23T19:35:36Z")
> [@Blalron](#): > > Very true. It would simply open the door for states to decide for themselves on this issue. Probably only a handful of states would legalize and it would probably be 20 or 30 years before it’s legal for most of the country. But that makes such a proposal have an even more realistic chance of suceeding without a huge backlash, IMO. I think that after one state decriminalizes marijuana with good results, then it would be much easier for congresspeople to sell the idea. Right now there is very little reason for taking a stand on such a controversial issue. Especially one the public is highly ignorant of. One senator can’t possibly turn public opinion by himself. All that aside, you need to make this a nation issue first. If anyone tries to bring this up now, they will just be drowned out by cries to fix the economy. ---
**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\ **Post date:** [November 23, 2008, 7:52pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/10 "2008-11-23T19:52:50Z")
> [@Lakai](#): > > I think that after one state decriminalizes marijuana with good results, then it would be much easier for congresspeople to sell the idea. It depends on how you define “decriminalize”, but in Oregon simple posession of less than an ounce is only punishable by a fine (between 500 and 1,000 dollars). I’m pretty sure it’s been that way since the 1970s. “Manufacture” (growing) for non-medical purposes is considered a very serious offense though, and is punishable by up to 20 years in prison and a $300,000 fine. That is very draconian and needs to be changed, but a casual user in my state only faces the equivalent of a speeding ticket if caught. ---
**Author:** ![vison](https://avatars.discourse-cdn.com/v4/letter/v/e47774/32.png) [@vison](https://boards.straightdope.com/u/vison)\ **Post date:** [November 23, 2008, 8:06pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/11 "2008-11-23T20:06:05Z")
The saga of medical marijuana in Canada is laughingly laughable. Don’t have time to find links right now, but I’m sure there are lots of them. ---
**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\ **Post date:** [November 23, 2008, 8:44pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/12 "2008-11-23T20:44:33Z")
> [@Lakai](#): > > All that aside, you need to make this a nation issue first. If anyone tries to bring this up now, they will just be drowned out by cries to fix the economy. Maybe it could be spun as an economic recovery measure though. Think of all the increased government revenue from taxing marijuana and the money saved by not imprisoning people over marijuana. I realize this won’t actually happen, but if Congress passed it and the members who voted with it stuck to their guns and went on every talk show and defended it at length until the media got bored to death with the subject and dropped it I believe it could work. ---
**Author:** ![SmartAleq](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smartaleq/32/163_2.png) [@SmartAleq](https://boards.straightdope.com/u/SmartAleq)\ **Post date:** [November 23, 2008, 9:19pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/13 "2008-11-23T21:19:49Z")
I’ve recently had it called to my attention that the wording of the Controlled Substances Act delegated all responsibility for scheduling of drugs to the head of HHS–so it would not require any act of Congress to reschedule marijuana as Schedule III-V and there would be nothing anyone could do about it. The DEA would no longer have purview over it, there’d be nothing to enforce, it would basically be just the same as any other drug. Keeping pot as Schedule I is ludicrous. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [November 23, 2008, 10:33pm UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/14 "2008-11-23T22:33:53Z")
> [@BrainGlutton](#): > > All Congress can do is repeal the **federal** marijuana laws. It would still remain illegal in every state. Every state except Alaska, where the state Supreme Court has ruled that criminalizing possession of “small amounts” of marijuana is unconstitutional under the Alaska Constitution. ---
**Author:** ![Nobody](https://avatars.discourse-cdn.com/v4/letter/n/94ad74/32.png) [@Nobody](https://boards.straightdope.com/u/Nobody)\ **Post date:** [November 24, 2008, 1:53am UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/15 "2008-11-24T01:53:28Z")
Of course thinking about it, if we are going to legalize pot, we’re going to have to do it right. Just like Blalron, I live in Oregon, and we have a bizarre medical marijuana law, where if you have a medical marijuana card, you can smoke it legally, but you can’t buy or sell it legally, which means you have to break the law to obtain the pot that you are then allowed to smoke.:smack: (By the way, in California, and other states that allow pot for medicinal purposes, are the laws as wacky?) I bet the path that will be taken will be first is that all, or most, of the rest of the states that don’t currently allow medical marijuana will allow it, and then once that becomes accepted, then recreational use will be more and more accepted. Or I could just be full of crap and it turns out that in a short period of time Congress will legalize marijuana will little to no adverse affect, and then a bunch of states jump on board and legalize it. But I kind of doubt it. ---
**Author:** ![The\_Understander](https://avatars.discourse-cdn.com/v4/letter/t/3da27b/32.png) [@The\_Understander](https://boards.straightdope.com/u/The_Understander)\ **Post date:** [November 24, 2008, 2:18am UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/16 "2008-11-24T02:18:45Z")
> [@Nobody](#): > > Of course thinking about it, if we are going to legalize pot, we’re going to have to do it right. > > Just like Blalron, I live in Oregon, and we have a bizarre medical marijuana law, where if you have a medical marijuana card, you can smoke it legally, but you can’t buy or sell it legally, which means you have to break the law to obtain the pot that you are then allowed to smoke.:smack: (By the way, in California, and other states that allow pot for medicinal purposes, are the laws as wacky?) > > I bet the path that will be taken will be first is that all, or most, of the rest of the states that don’t currently allow medical marijuana will allow it, and then once that becomes accepted, then recreational use will be more and more accepted. > > Or I could just be full of crap and it turns out that in a short period of time Congress will legalize marijuana will little to no adverse affect, and then a bunch of states jump on board and legalize it. But I kind of doubt it. I wouldn’t say you’re full of crap or anything as derogatory as that. However, I might posit this–never underestimate the power of symbolism, nor the zeitgeist. If a scenario such as one outlined in your OP occurred, then every state in the Union would immediately have a question put to them that, under the present system, is a _de jure_ moot point. The ballot initiatives would begin from sea to shining sea. One might assume, at a starting point, that the results would look like some mixture of the results of the 2004 and 2008 presidential elections, taken state by state. Then the slow march toward the total end of prohibition would begin as the savvier states realized the benefits of clearing prison space and increased tax revenue from marijuana smokers, marijuana vendors, and the various assorted industries instantly initiated. I must admit that after the recent election I am buoyed about the judgment of the American voter at large, with a glaring blind spot toward the rights of those with a different sexual orientation than we in the majority, among other issues. So I think that the political backlash would be quite smaller than some may estimate. It’s just that the Congress would have to take a risk, and the Democrats have not impressed me with their willingness to do that very often.\* \*Republicans take bad risks. ---
**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\ **Post date:** [November 24, 2008, 2:39am UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/17 "2008-11-24T02:39:42Z")
I think the American people are close to ready for legalization of weed. Ann Arbor made it a 25 dollar fine a couple decades ago and many said we would have a huge influx of horrible dope fiends moving there. Many communities have relaxed their laws and survived quite well. Enough people have seen that it is no big deal. Eventually we will grow up and do the right thing. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [November 24, 2008, 3:20am UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/18 "2008-11-24T03:20:33Z")
> [@](#): > > Maybe it could be spun as an economic recovery measure though. Think of all the increased government revenue from taxing marijuana and the money saved by not imprisoning people over marijuana. While there are a lot of people in prison for drug crimes, most of them are for drugs other than marijuana (or for other crimes besides marijuana possession). The number of people in prison for just marijuana is 1.6% of the total prison population ([cite](http://www.whitehousedrugpolicy.gov/news/press05/051805.html)). I agree that it’s unfortunate and unjust for those who are imprisoned for marijuana but legalizing marijuana wouldn’t have a noticable impact on prison population. ---
**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\ **Post date:** [November 24, 2008, 3:50am UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/19 "2008-11-24T03:50:14Z")
Many get fines and community service. How many people are involved is some aspect of the legal system due to weed, Court cases,probation etc ---
**Author:** ![Captain\_Carrot](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@Captain\_Carrot](https://boards.straightdope.com/u/Captain_Carrot)\ **Post date:** [November 24, 2008, 4:11am UTC](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109/20 "2008-11-24T04:11:56Z")
> [@Procrustus](#): > > Every state except Alaska, where the state Supreme Court has ruled that criminalizing possession of “small amounts” of marijuana is unconstitutional under the Alaska Constitution. I’m almost certain that at least a few states have legalized medicinal marijuana. [Next page](https://boards.straightdope.com/t/political-consequences-if-congress-legalized-marijuana/474109.md?page=2)