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Wednesday, August 21, 2002

How do you repeal drug laws?

Not with the help of politicians.

Let's look at a case history. The U.S. Constitution specifies the following amendment process:
Article V. - Amendment
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution ... [which] shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof ...
There has been only one amendment ratified by conventions. The 21st, which ended Prohibition (the 18th amendment), and reads:
Amendment XXI - Amendment XVIII repealed. Ratified 12/5/1933.

  • The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

  • The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

  • The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
  • Even after it was obvious that Prohibition was a disaster, politicians stood aside and let state conventions be the agent for repeal.

    Which probably explains why relaxation of laws for marijuana possession - this year in Nevada - is being pursued via the initiative process.

    Some things never change.


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