Fascinating (distinct/similar?) commentary on marijuana policy and politics from inside the Beltway

As regular readers know well, I find the law, policy and politics of modern marijuana reform to be fascinating.  Two recent commentaries in the Washington Post reinforce my perspective.

First, consider this notable commentary by Peter Wehner, who worked in the last two Republican presidential administrations, under the headline "GOP should stand firm against drug legalization."  I find especially telling that this piece, as excerpted below, makes a forceful argument that (big federal) government works and that drug use is a moral issue that calls for more (big federal) government intervention:

Strong, integrated anti-drug policies have had impressive success in the United States. Both marijuana and cocaine use are downsignificantly from their peak use in the 1970s and ’80s....

In his dialogues, Plato taught that no man is a citizen alone. Individuals and families need support in society and the public arena. Today, many parents rightly believe the culture is against them.  Government policies should stand with responsible parents — and under no circumstances actively undermine them....

In taking a strong stand against drug use and legalization, Republicans would align themselves with parents, schools and communities in the great, urgent task of any civilization: protecting children and raising them to become responsible adults....

[R]arely do people say that drug use is wrong because it is morally problematic, because of what it can do to mind and soul. Indeed, in some liberal and libertarian circles, the “language of morality” is ridiculed.  It is considered unenlightened, benighted and simplistic.  The role of the state is to maximize individual liberty and be indifferent to human character.

This is an impossible stance to sustain.  The law is a moral teacher, for well or ill, and self-government depends on certain dispositions and civic habits.  The shaping of human character is preeminently — overwhelmingly — the task of parents, schools, religious institutions and civic groups.  But government can play a role.  Republicans should prefer that it be a constructive one, which is why they should speak out forcefully and intelligently against drug legalization.

Now, consider this notable commentary by Jonathan Rauch, who is a guest scholar at the Brookings Institution, under the headline "Let’s go down the aisle toward legalized pot."  I find especially telling that this piece, as excerpted below, makes a forceful argument that (big federal) government now will not work unless it adapts to new circumstances and that drug use is a moral issue that calls for (big federal) government withdrawal in light of changing attitudes:

All but a small fraction of the people who enforce the marijuana laws work for state and local governments and answer to state law.  Although states cannot break federal law, neither must they step in and enforce it.  Federal prosecutors probably could shut down regulated marijuana distributors in Colorado and Washington with relative ease by sending threatening letters to landlords and bankers.  But that would leave those states, and others that follow, with the option of legalizing marijuana without regulating it, because unconditional legalization under state law is indisputably within the states’ power.  The effect of removing states’ troops from the battlefield would be to strand the federal government with marijuana laws it could not enforce.

The chaos that might result would be counterproductive even (or especially) for drug hawks.  Instead of shutting down the states’ experiments, then, the federal government might better serve the policy goals of the Controlled Substances Act by working with Colorado and Washington to concentrate federal and state enforcement on high federal priorities, such as preventing legalized marijuana from spilling across state borders....

In a number of important respects, marijuana legalization and same-sex marriage track closely.  Both are controversial social issues about which public opinion has changed dramatically in the past few years; on both issues, polls show the public closely divided but tipping toward legalization.

Moreover, for both issues, young people are driving the trend; older opponents of legalizing both are exiting the scene.  The issues’ demographics suggest that public opinion is virtually certain to continue shifting.  A true national consensus, however, remains some distance away, and partisan and regional differences are sharp.

In recent years, the country has pushed many controversial issues — abortion, crime, education — up to the federal level.  But same-sex marriage has taken the opposite path, with leadership left to the states.  The result, though somewhat messy as policy, has been a remarkable political success at a time when the country has few to boast of.  That some states could try same-sex marriage without betting the whole country reduced the stakes and contained the conflict.  States’ experiments with gay marriage educed valuable information about its real-world consequences, or lack thereof, allowing for a better-informed, more rational debate.

Above all, localizing the dispute gave people across the country time to work out what they think and to adjust policies as public opinion changed.... State leadership on marijuana policy has all of the same advantages as on marriage.  It contains conflict by reducing the stakes; educes knowledge about what happens if marijuana policy is changed; and allows incremental adjustment to social change.  For the federal government, yielding some measure of control over marijuana policy to the states is not a threat; it is an opportunity to manage change and preserve options.  Painting federal policy into a corner serves no one, not even drug warriors.

Though I am eager to say a lot more about both of these commentaries, but I will conclude for now with the adjective that captures most of my feelings here: fascinating!

A few recent and older related posts: 

• Supporting pot prohibition as divining rod pointing toward social conservatives and away from fiscal conservatives
• "Nearly three-quarters of Americans (72%) say that, in general, government efforts to enforce marijuana laws cost more than they are worth"
• "Buzzkill? Cash-strapped states eye pot tax"
• An effective primer on the federal tax issues facing state marijuana businesses
• "Medical marijuana businesses see opportunity in Mass."
• AG Holder indicates federal response to state marijuana reforms coming "soon"
• Intriguing new comments from President Obama on federal pot prohibition policy
• "California inspired — and now inspired by — other states' marijuana legalization measures"
• "Marijuana poll: Californians' support for legalizing pot at record level"