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Re:Delaware will become the 22nd state to legalize recreatio... by umanwizard on Sunday April 23, 2023 @06:33PM (#35681353)
The 22nd state to stop separately making marijuana illegal on top of federal laws.

Since federal law applies everywhere, marijuana is still technically illegal everywhere in the US.

It’s fascinating, however, that under three presidents spanning both parties, the federal authorities have given up on enforcing the ban in states that have removed marijuana laws from their own books. Perhaps this is a glimpse into the long-term solution to the problem of the federal legislature being intractable deadlocked: states will simply start ignoring federal law more and more, and its relevance will fade over time.

Or maybe not, and marijuana is a one-off situation. Time will tell.

Re:Delaware will become the 22nd state to legalize recreatio... by NERD_ALERT on Sunday April 23, 2023 @06:41PM (#35681424)
In most cases I believe states are threatened with penalties or withdrawal of federal funding when they try and disobey federal law. Even with other drug laws like alcohol, states have been threatened with losing funding for roads if they were to lower the legal age to 18. Marijuana is simply too negligible of an issue for the federal government to really do anything about it.

https://abcnews.go.com/amp/US/Politics/story?id=4577105&page...

Re:Delaware will become the 22nd state to legalize recreatio... by Nuzzerino on Sunday April 23, 2023 @07:12PM (#35681688)
> Marijuana is simply too negligible of an issue

It's not that simple and not everyone agrees with the above statement. Harm reduction is not really emphasized with marijuana, yet it's increasingly necessary as concentrations increase. "Everything in moderation" seems to have been forgotten in that case.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9462911/

Orange man took notice, but he's wrong about everything, so carry on.

https://www.marijuanamoment.net/trump-suggests-genetically-e...

Re:Delaware will become the 22nd state to legalize recreatio... by NERD_ALERT on Monday April 24, 2023 @04:09PM (#35692484)
Yes because blaming mass shootings on marijuana is of course absurd. Why don’t any other countries with the access to the same marijuana have mass shootings?
Re:Delaware will become the 22nd state to legalize recreatio... by Nuzzerino on Monday April 24, 2023 @04:50PM (#35693077)
Because they don't have a second amendment? The comparison you should be paying attention to however is the rate of mass shootings within the US per year.

https://www.motherjones.com/politics/2014/10/mass-shootings-...

> While many mass shooters had mental-health problems, as the Mother Jones data shows, there is no reason to believe that there has been an increase in mental illness rates in the last several years that could help explain the rise in mass shootings. (In fact, federal research on the prevalence of severe mental illness shows a decrease in recent years.)

You can't rule out these things when you consider that delta-8-thc has only been found in noticeable amounts in marijuana since 2010 or so. That particular compound has been known to cause psychosis, which can cause other long-term cascading mental illness.

As a drug supporter I'm sure you've heard of the concept of a "bad batch"

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4987131/table/T...

Re:Delaware will become the 22nd state to legalize recreatio... by toomuchtodo on Sunday April 23, 2023 @06:38PM (#35681391)
The government has always selectively enforced laws, it’s simply beneficial in this case. 22 states have legalized recreational marijuana and the world hasn’t ended. Maybe it’s okay federal statute isn’t enforced in this particular circumstance, from a rationalist perspective.

https://en.m.wikipedia.org/wiki/Legality_of_cannabis_by_U.S....

Re:Delaware will become the 22nd state to legalize recreatio... by umanwizard on Sunday April 23, 2023 @06:43PM (#35681440)
I never said it’s a bad thing that the feds aren’t enforcing this. All I said is:

1. It’s inaccurate to claim that marijuana is legal anywhere in the US, and 2. The situation is fascinating.

Re:Delaware will become the 22nd state to legalize recreatio... by tshaddox on Sunday April 23, 2023 @07:12PM (#35681689)
This is debatable depending on your precise usage of “legal.” Marijuana use, particular when compatible with the Attorney General’s 2013 memo regarding federal enforcement of the CSA, is widely considered to be de facto legal. There’s a reason the terms de facto and de jure exist when discussing jurisprudence.
Re:Delaware will become the 22nd state to legalize recreatio... by umanwizard on Sunday April 23, 2023 @07:22PM (#35681761)
Indeed. My post is about how de facto and de jure legality have diverged in this particular instance.
Re:Delaware will become the 22nd state to legalize recreatio... by dragonwriter on Sunday April 23, 2023 @09:43PM (#35682763)
“legal” and “de jure” are synonyms.

Something that is true de facto is true in effect despite not being true legally.

Re:Delaware will become the 22nd state to legalize recreatio... by benatkin on Sunday April 23, 2023 @06:47PM (#35681485)
Cool story, I disagree, it's legalized here in CA.
Re:Delaware will become the 22nd state to legalize recreatio... by d1str0 on Sunday April 23, 2023 @06:54PM (#35681534)
You can disagree all you want. It’s still illegal at the federal level. A fed could still cite you even though you are in CA, regardless of the CA legalization.
Re:Delaware will become the 22nd state to legalize recreatio... by toomuchtodo on Sunday April 23, 2023 @06:56PM (#35681555)
Caveat is Congress enjoined the DOJ from enforcing against medical marijuana use. Get a medical card (suuuuuuuper easy) and you’ve derisked. Sucks to have to hack around stupidity wrt federal policy on marijuana, but This Is America. It also reduces the tax you pay (typically, ymmv based on state) vs recreational purchases.

https://www.mpp.org/policy/federal/are-consumers-or-cannabis...

> There are some exceptions. In each fiscal year since 2015, Congress has included provisions in appropriations acts that prohibit the U.S. Department of Justice from using funds to prevent states from “implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” In effect, Congress prevents the DOJ from enforcing federal law in medical marijuana states. Courts have held up the provisions, and federal prosecutions of state-licensed businesses effectively stopped when it went into effect. However, those same protections haven’t been extended to adult-use (recreational) program participants, who remain at risk.

(not legal advice, not an attorney, not your attorney)

Re:Delaware will become the 22nd state to legalize recreatio... by kube-system on Sunday April 23, 2023 @07:05PM (#35681620)
There are some federal forms that ask about drug use and will disqualify you for use of marijuana. For example, employment forms and firearm background checks. And if you lie, they are still enforcing those laws. So while you may not go to prison for smoking weed, you might go to prison for smoking weed while doing something else that is regulated.
Re:Delaware will become the 22nd state to legalize recreatio... by benatkin on Sunday April 23, 2023 @08:08PM (#35682091)
Good, I appreciate their help with legalizing marijuana.

We have to figure out how to regulate it rather than making it illegal.

For instance, minors should be protected from it*, but medical marijuana must be available to minors with certain medical conditions.

And DUIs must be prevented. That includes employment forms for operating heavy equipment.

Those legalizing and those still fighting the racist drug war share some problems.

* and also protected from harmful law enforcement practices

Re:Delaware will become the 22nd state to legalize recreatio... by dragonwriter on Sunday April 23, 2023 @09:39PM (#35682744)
> Caveat is Congress enjoined the DOJ from enforcing against medical marijuana use. Get a medical card (suuuuuuuper easy) and you’ve derisked

Caveat to the caveat is that DOJ keeps pushing the limit on the medical marijuana prosecution prohibition, and that in California (and the rest of the Ninth Circuit), the controlling case law is that the prohibition only applies to strict compliance with state medical use rules, and that even minor technical violations (even in states that also allow non-medical use) allows federal prosecution (the First Circuit last year established a slightly different rule).

Re:Delaware will become the 22nd state to legalize recreatio... by benatkin on Sunday April 23, 2023 @06:57PM (#35681565)
OK I'll keep disagreeing. It's legal here.
Re:Delaware will become the 22nd state to legalize recreatio... by Quillbert182 on Sunday April 23, 2023 @07:29PM (#35681815)
It’s illegal in every state. California cannot override the federal government.
Re:Delaware will become the 22nd state to legalize recreatio... by benatkin on Sunday April 23, 2023 @08:18PM (#35682170)
...and the federal government can't override California*, unless they want to break a whole lot of eggshells to make their omelette

* completely, of course they can here and there and not vice versa. But this asymmetry doesn't render it illegal IMO.

Re:Delaware will become the 22nd state to legalize recreatio... by umanwizard on Sunday April 23, 2023 @10:23PM (#35682991)
Legality has nothing to do with enforcement. We can say that X Y or Z is illegal according to the laws of the Roman Empire, despite the fact that it hasn’t been able to enforce anything for more than 1000 years. Similarly, weed is illegal in the US — whether it’s unenforced because the feds choose not to do so, or because they can’t, is perhaps an interesting question but has nothing to do with whether it’s legal.
Re:Delaware will become the 22nd state to legalize recreatio... by benatkin on Sunday April 23, 2023 @11:13PM (#35683277)
When I disagreed with "California cannot override the federal government." I didn't mean to override their law on a theoretical level but their authority on a practical level.

Sanctuary cities have shown that the state/local governments partially override the federal government on an overall basis, though not so much directly in individual cases (though they are able to request, not demand, and get their way in a lot of individual cases).

Re:Delaware will become the 22nd state to legalize recreatio... by dragonwriter on Monday April 24, 2023 @04:17PM (#35692595)
> Sanctuary cities have shown that the state/local governments partially override the federal government on an overall basis

No, they don’t.

Sanctuary cities are not sanctuaries from the federal law the “sanctuary” status references, merely ones where the city has prohibited public resources from being used to provide extra, nonmandatory, help to the feds.

“Not actively helping” isn’t “overriding”.

Re:Delaware will become the 22nd state to legalize recreatio... by seattle_spring on Sunday April 23, 2023 @07:10PM (#35681669)
Perhaps an explanation of why you can only buy it with cash would be helpful here.
Re:Delaware will become the 22nd state to legalize recreatio... by Rebelgecko on Sunday April 23, 2023 @08:09PM (#35682102)
It's de facto legal for someone to smoke a joint at Venice Beach, but you can still get arrested for possession in a national park, lose your job for smoking over the weekend, and even get your cash civil forfeiture'd by local police for running a dispensary in a way that is compliant with CA but not federal laws.
Re:Delaware will become the 22nd state to legalize recreatio... by benatkin on Sunday April 23, 2023 @08:26PM (#35682238)
> It's de facto legal for someone to smoke a joint at Venice Beach

Well it's completely* legal to smoke it at home.

https://sonomacounty.ca.gov/health-and-human-services/health....

* More or less

Re:Delaware will become the 22nd state to legalize recreatio... by candiddevmike on Sunday April 23, 2023 @06:45PM (#35681460)
On the flip side, the federal government is still prosecuting people for distributing cannabis, albeit at a decreasing rate: https://www.marijuanamoment.net/federal-marijuana-arrests-co...

If the federal government isn't arresting folks in legal states, how can they have justify arresting others? We're close to half the US legalizing cannabis, when will the federal ban end?

Re:Delaware will become the 22nd state to legalize recreatio... by toomuchtodo on Sunday April 23, 2023 @06:48PM (#35681488)
When Congress becomes functional again.
Re:Delaware will become the 22nd state to legalize recreatio... by tough on Sunday April 23, 2023 @07:23PM (#35681771)
So never ¯\(◉‿◉)/¯
Re:Delaware will become the 22nd state to legalize recreatio... by Rebelgecko on Sunday April 23, 2023 @08:05PM (#35682072)
Again?
Re:Delaware will become the 22nd state to legalize recreatio... by dragonwriter on Sunday April 23, 2023 @09:37PM (#35682728)
> If the federal government isn’t arresting folks in legal states,

They are, though, and enough that there are circuit court cases as recently as last year addressing the limitation of the funding prohibition Congress has established since 2015 on federal interference with state-legal medical marijuana programs.

Re:Delaware will become the 22nd state to legalize recreatio... by mullingitover on Sunday April 23, 2023 @07:07PM (#35681644)
The problem for the US is that the country went around the world arm-twisting for decades to get other nations to ban drugs. To legalize is obviously the just and correct decision, I think people are just embarrassed to do it at the federal level now purely because of the history.
Re:Delaware will become the 22nd state to legalize recreatio... by majormajor on Sunday April 23, 2023 @07:16PM (#35681712)
"Worried about looking silly in front of people in other countries" is extremely far from the top of the list for half of Congress, and it's that half that would have more resistance to legalization.
Re:Delaware will become the 22nd state to legalize recreatio... by rayiner on Sunday April 23, 2023 @07:43PM (#35681914)
Is this some sort of bizarre logical bootstrapping? “To legalize is obviously the just and correct decision. Oh, why are drugs illegal in myriad different countries with different histories, legal systems, religions, and cultures? Well that’s a big US conspiracy.”

The US recently just released a report griping about “human rights violations” in my home country, where they execute drug traffickers in quasi military operations. I don’t think we do it because of some US conspiracy. Rather, drug use and what it gives rise to is deeply offensive in more collective societies. And frankly, was in the west too until it jumped the shark.

Re:Delaware will become the 22nd state to legalize recreatio... by tptacek on Sunday April 23, 2023 @07:49PM (#35681958)
At some point you cross the line between philosophical noodling and outright advocating the execution of everyone involved in the drug trade.
Re:Delaware will become the 22nd state to legalize recreatio... by rayiner on Sunday April 23, 2023 @08:17PM (#35682156)
No philosophical noodling. We should execute more people involved in the drug trade (within constitutional limits).
Re:Delaware will become the 22nd state to legalize recreatio... by hydrok9 on Sunday April 23, 2023 @08:30PM (#35682260)
Executing people almost never works. You can't kill everyone and the higher-ups will never run out of expendable street-level dealers. The lure of lots of easy money is too strong.
Re:Delaware will become the 22nd state to legalize recreatio... by JamesBarney on Monday April 24, 2023 @01:02AM (#35683836)
What places have gone hog wild executing drug dealers and not found a reduction in drug use?
Re:Delaware will become the 22nd state to legalize recreatio... by hydrok9 on Monday April 24, 2023 @11:47AM (#35689131)
It causes a reduction, but it doesn't remove drugs, and you end up killing mostly people who only ended up in drugs because they were desperate, poor, or mentally ill.
Re:Delaware will become the 22nd state to legalize recreatio... by rayiner on Monday April 24, 2023 @01:16AM (#35683926)
Then execute the higher ups. We used RICO to break the mafia, no reason we couldn’t do it to the drug traffickers.

You’re just saying it’s not possible to have an orderly society and enforce the law, which I don’t believe. If you compare say San Francisco to Singapore, it’s hard not to conclude that permissiveness increases disorder while enforcement decreases it.

Re:Delaware will become the 22nd state to legalize recreatio... by piracythrowaway on Sunday April 23, 2023 @11:06PM (#35683232)
Man keeps telling you, quite clearly, exactly what he believes, and you refuse to believe him:

https://news.ycombinator.com/item?id=35367591

Re:Delaware will become the 22nd state to legalize recreatio... by rayiner on Monday April 24, 2023 @07:38AM (#35686345)
* * *
Re:Delaware will become the 22nd state to legalize recreatio... by forgingahead on Monday April 24, 2023 @02:13AM (#35684230)
And why would that be bad? People actively in the drug trade are profiting off the misery of others and the degradation of society. There is a host of associated crimes that occur due to drug-use and in places where drugs and drug-abusers are prevalent.

If people in a society vote to deal with this issue, and their solution is to execute people in the drug-trade, why is that bad? Why is Rayiner's legitimate opinion being considered illegitimate by you?

Re:Delaware will become the 22nd state to legalize recreatio... by rayiner on Monday April 24, 2023 @02:41AM (#35684365)
* * *
Re:Delaware will become the 22nd state to legalize recreatio... by deepsquirrelnet on Sunday April 23, 2023 @11:15PM (#35683286)
I don’t think there’s many who would feel any shame at all. Who do you envision would be embarrassed?
Re:Delaware will become the 22nd state to legalize recreatio... by robotnikman on Sunday April 23, 2023 @06:40PM (#35681411)
>Perhaps this is a glimpse into the long-term solution to the problem of the federal legislature being intractable deadlocked: states will simply start ignoring federal law more and more, and its relevance will fade over time.

I feel that this may be the best way to do things, since each state is unique in it people and geography.

I also feel like universal healthcare on a state level would be the only thing to work at this point, it seems like the federal government is unable to budge at all when it comes to fixing it.

Re:Delaware will become the 22nd state to legalize recreatio... by ceejayoz on Sunday April 23, 2023 @06:42PM (#35681435)
I think there are a lot more people who'd move for universal healthcare than there are who'd move for pot, and those people are likely to be folks who impose a significant burden on the new system. (For example, I paid $48k out of pocket last year. I'd move in a heartbeat.)
Re:Delaware will become the 22nd state to legalize recreatio... by pySSK on Sunday April 23, 2023 @06:51PM (#35681512)
> I also feel like universal healthcare on a state lev would be the only thing to work at this point

Even Canada does it per province, and even there, doing it at a federal level would be too intractable.

Re:Delaware will become the 22nd state to legalize recreatio... by ceejayoz on Sunday April 23, 2023 @06:56PM (#35681553)
Canada has a federal law requiring (functionally; if you don't, you also opt-out of federal funding for your system) every province to offer it, though, with a minimum standard, right? That's very different than California offering it on their own volition, and the other 49 states not.
Re:Delaware will become the 22nd state to legalize recreatio... by johnea on Sunday April 23, 2023 @06:52PM (#35681516)
> ...since each state is unique in it people and geography.

This is just so wrong on so many levels it's hard to know what to respond to.

Maybe try going outside, you'll find it's actually completly continuous, there is no species change when crossing state lines 8-)

Even more to the point, typical (media prtrayed) state based differences all have gapping inaccuracies:

- california has more republicans than texas - texas has more democrats than new york

The division into states is one of the biggest problems facing actual democracy in the us. Coupled with first-past-the-post, and the electoral college, the us is far far from a government that enforces the public will.

And as far as the specific issue of marijuana is concerned, this is such a poster child for how locked into the "leave it to beaver" american dream state of the 1950s the eastern us still is.

The whole: "Alcohol, Tobacco and Firearms, like the little baby jesus intended" mindset.

Having said that, I actually do agree that the state level is about the only place anything at all can be acomplished. Because the DNC and RNC have both blocked public health care repeatedly, and you're NEVER going to see either of those parties back any policy that disenfranchises their donor class.

Re:Delaware will become the 22nd state to legalize recreatio... by rayiner on Sunday April 23, 2023 @07:51PM (#35681964)
> Maybe try going outside, you'll find it's actually completly continuous, there is no species change when crossing state lines

Culture is different even in nearby states. I grew up in Virginia, went to college in Georgia, and live in Maryland now. Right before the pandemic my parents moved nearby, after living in Virginia for 30 years. My dad pointed out the other day that Marylanders aren’t like Virginians, something he has realized immediately. Then it clicked for me: Maryland is part of the mid Atlantic (PA, NJ, DE) while Virginia is part of the south. Now I can’t unsee it: the accents, the odd mannerisms, etc.

I married an Oregonian. Oregon might as well be Canada. Weird libertarian Canada. My family is originally from Bangladesh, but at least half of the cultural friction between our families comes from Oregon versus Virginia.

Re:Delaware will become the 22nd state to legalize recreatio... by skissane on Tuesday April 25, 2023 @12:35AM (#35696522)
> Culture is different even in nearby states.

Yes, but the US is arguably much more culturally homogenous than many other countries. Whatever differences you see between Virginia and Maryland, I think they are significantly smaller than the differences between Ontario and Quebec. New York and Alabama may seem far apart culturally, but how does that compare to the cultural differences between Uttar Pradesh and Kerala, or between Sokoto and Akwa Ibom?

Re:Delaware will become the 22nd state to legalize recreatio... by rayiner on Tuesday April 25, 2023 @03:26AM (#35697533)
US cultural homogeneity is overstated by comparison to countries or regions with different languages. But Australia and Canada and the US are all English speaking—do they not warrant being separate countries? What about Australia and New Zealand? Ireland and Britain and Scotland? And language aside—are Denmark and Sweden more different from each other than New York versus Alabama?
Re:Delaware will become the 22nd state to legalize recreatio... by skissane on Tuesday April 25, 2023 @08:06AM (#35699312)
> But Australia and Canada and the US are all English speaking—do they not warrant being separate countries?

Canada is also French-speaking. There are some big differences in attitudes between the US and Australia on various topics - for example, Australians have a mostly settled cultural consensus in favour of gun control and liberal abortion laws, to give two examples, unlike the US where both are very heated political conflicts

> What about Australia and New Zealand?

New Zealand actually participated in the negotiations for forming Australia (as a federation of British colonies), but at the end decided to stay out-if history had turned out a bit differently, it might have been an Australian state not a separate country. In a lot of ways the differences between Australian and New Zealand culture are relatively trivial - different accents, different words for certain things. You get the same differences between Australian states, albeit to a more limited degree.

However, there is one big difference: over 17% of New Zealand’s population have Indigenous (Māori) ancestry, and Māori have a common language and a great deal of common culture-leading to a significant Māori influence on mainstream NZ culture. Australia’s Indigenous peoples are less than 4% of the population, and divided among numerous languages and nations, which means their impact on mainstream Australian culture has been significantly smaller.

> Britain and Scotland?

One way in which the US is very homogeneous is that state politics aren’t particularly distinctive from national politics. Every state is the same two parties facing off against each other, the main political difference between states is the relative power of the two. Whereas, each of the UK’s four constituent countries have different party systems - the SNP only exists in Scotland, Plaid Cymru only exists in Wales, the major parties in Northern Ireland are different from those in the rest of the UK. Spain, Canada, India and Italy are other examples of countries in which region-specific parties are big players in politics. The only real example in the US are territories such as Puerto Rico, and if Puerto Rico ever became a state, it would likely start converging with the American political monoculture.

Politics isn’t the same thing as culture, but political culture is part of culture, and greater political diversity is generally both a symptom of and simultaneously a promoter of greater cultural diversity.

Re:Delaware will become the 22nd state to legalize recreatio... by rayiner on Tuesday April 25, 2023 @10:56AM (#35701349)
> There are some big differences in attitudes between the US and Australia on various topics

That's my point--just because places speak the same language doesn't mean they're culturally the same. Australia's response to COVID lockdowns versus America's is highly illustrative as well.

> One way in which the US is very homogeneous is that state politics aren’t particularly distinctive from national politics. Every state is the same two parties facing off against each other, the main political difference between states is the relative power of the two

American politics isn't homogenous at all--that's just an artifact of political narratives being filtered through mass media in New York City. To use your abortion example (because I agree politics is an expression of culture): black people in Georgia are overwhelmingly Democrats, while white people are overwhelmingly Republicans. But there is no racial difference on the question of abortion: https://www.pewresearch.org/religion/religious-landscape-stu.... Stacey Abrams, who grew up in Mississippi and Georgia (Atlanta), was always a democrat, but grew up opposed to abortion: https://www.politico.com/newsletters/women-rule/2022/09/23/s.... If the Democratic Party wasn't run by New York and California liberals and donors, Georgia Democrats would moderate on the abortion issue (because as a practical matter you don't want to play up issues that split your own voting bloc).

By contrast, Republicans west of the rockies are quite liberal on abortion due to a strong libertarian streak. Western Republicans tipped the scales to the social liberal side on key cultural issues in the past few decades. Reagan legalized abortion in California. Nixon and Reagan were California Republicans who appointed a bunch of Supreme Court Justices like Harry Blackmun (who wrote Roe). O'Connor (who wrote Casey) is from Arizona and was appointed by Reagan. Kennedy (who wrote Obergefell) is from California and was appointed by Reagan. Gorsuch (who wrote Bostock) is from Colorado.

Re:Delaware will become the 22nd state to legalize recreatio... by skissane on Wednesday April 26, 2023 @02:37AM (#35710223)
> That's my point--just because places speak the same language doesn't mean they're culturally the same

Yes that's true. But I compare different Australian states – yes there are cultural differences even there, but they are pretty minor. If I compare US states – I'd say somewhat bigger cultural differences than between Australian states, for a bunch of reasons.

But still, my impression is, the cultural differences between US states aren't really that big by global standards. In some other countries, you have state/province/regional nationalist movements. Hard nationalists want their state/province/region to be an independent country – such as the Scottish National Party or Parti Québécois. You also have soft nationalists, who don't ask for independence, but seek greater national autonomy while staying in the federation – such as Quebec's current ruling party, Coalition Avenir Québec; or the former ruling party of India's Punjab state, Shiromani Akali Dal. The US has a few state-based nationalist movements, but they've never been remotely mainstream, none of them have ever controlled a statehouse or a Governor's mansion. The existence of regional nationalism is a sign of greater interregional cultural difference, so countries which have it (such as Canada, India, Spain, the UK) generally have greater interregional cultural differences than those which lack it (such as Australia or the US).

> American politics isn't homogenous at all--that's just an artifact of political narratives being filtered through mass media in New York City. To use your abortion example (because I agree politics is an expression of culture):

Okay, but on the other hand that actually is an example of American politics being homogenous – because the whole country is arguing about the same things, of which abortion is a big one. Compare that to the UK – the Protocol is arguably the biggest political issue in Northern Ireland politics at the moment, in England it is a lot further down the list of people's concerns. A never-ending political debate in Quebec is about how to balance the promotion of the French language with the rights of the Anglophone minority – a topic that isn't very interesting to the average person in British Columbia.

Your example is just that in some parts of the US, the national abortion debate doesn't neatly line up with the two national parties. Meanwhile other countries have completely different debates in different parts of the country, and even completely different party systems in different parts of the country. All are examples of diversity, but your example is a little bit of diversity compared to other countries which have a lot lot more.

Also, your point about "mass media in New York City" is another example of homogeneity – US media is very centralised, national, tends to focus on national narratives more than regionally specific ones – that media homogeneity is both a symptom and a cause of cultural homogeneity. The BBC has its own division for Scotland – many people in Scotland (especially nationalists) complain that BBC Scotland is too London-focused and doesn't provide enough coverage of Scotland's own politics and culture – but even if those complaints are valid, no doubt it is doing a much better job of being regionally-focused than the US media does.

Re:Delaware will become the 22nd state to legalize recreatio... by umanwizard on Sunday April 23, 2023 @07:51PM (#35681966)
I’ll disagree with the poster you’re responding to and admit that indeed, the states are not so culturally and geographically different that they need to be independent: surely, a rural hamlet in France is as different from Paris as any two parts of the US are.

But there are good reasons other than those to hope the states evolve towards more autonomy. The US political system at the federal level is fundamentally broken, making it incapable of governing the country. Due to a combination of factors: first-past-the-post voting, skewed representation in the senate, media polarization, the filibuster, and others, it is unique among supposed democracies in allowing small minority factions to effectively veto any mildly controversial legislation.

Because meaningfully modifying the constitution is functionally impossible, these issues simply can’t be fixed. But luckily, that isn’t true at the state level! Most states still are functioning, if imperfect, democracies, as evidenced by the very thing we’re discussing in this thread: they’re capable of changing policy in response to changing needs and wishes of the population, in a way that the federal level simply isn’t.

Re:Delaware will become the 22nd state to legalize recreatio... by htag on Sunday April 23, 2023 @06:55PM (#35681543)
It's still super illegal to transport cannabis across state borders. This is true even when transporting between legal states that share borders.

It's mostly unenforced on the individual basis, but it is a huge aspect of the legal markets. Being able to do business across the entire country is a very large factor in USA's economic success. Removing the federal criminal laws on cannabis will remove this and many other inefficiencies of the cannabis industry.

Re:Delaware will become the 22nd state to legalize recreatio... by benatkin on Sunday April 23, 2023 @06:39PM (#35681408)
That's based on a straightforward interpretation of what the federal government can and can't do. In reality there is some flexibility on it.
Re:Delaware will become the 22nd state to legalize recreatio... by pfannkuchen on Sunday April 23, 2023 @06:47PM (#35681481)
Is it because the illegality of marijuana is based on a questionable interpretation of the commerce clause which lots of other power is based on and no one in government really wants challenged in court?
Re:Delaware will become the 22nd state to legalize recreatio... by zarzavat on Sunday April 23, 2023 @07:31PM (#35681827)
Essentially the US has been living under wartime powers since 1942. The Supreme Court vastly expanded the federal government’s powers during WWII, because it seemed like a good and necessary idea at the time to preserve the nation. Power once given cannot be taken away and that comical interpretation of the Commerce Clause stands relatively unscathed to this day.
Re:Delaware will become the 22nd state to legalize recreatio... by pfannkuchen on Monday April 24, 2023 @08:05PM (#35694909)
Do you think there's any chance the current court will take a stab at it? I was shocked when they touched Roe, and IIUC the structure of the Commerce Clause precedent isn't entirely dissimilar from Roe (i.e. both stem from very creative readings).

(Quick genuflection for the potentially offended: I am pro abortion rights at the national level, but I think they should be implemented properly, i.e. through Congress, because a precedent of improperly implemented legal standards threatens the entire democratic system).

Re:Delaware will become the 22nd state to legalize recreatio... by umanwizard on Sunday April 23, 2023 @06:50PM (#35681506)
There’s a very good chance that that’s at least part of the reason.
Re:Delaware will become the 22nd state to legalize recreatio... by hn_throwaway_99 on Sunday April 23, 2023 @06:48PM (#35681490)
Well, there is also the separate issue that the feds basically legalized marijuana through a not-thought-out-too-well loophole when they passed the hemp farm bill in 2018.

Hemp and marijuana are the same species, so the 2018 farm bill just defines "hemp" as a cannabis plant with less than 0.3% delta 9 THC by weight. So some enterprising folks decided to take these low-THC hemp plants, extract the THC from them, and put them into gummies. Since the gummies still need to be < 0.3% THC, they are just slightly larger gummies than "normal" marijuana gummies, but they're not gargantuan or anything, and they come in pretty standard 10-20mg per gummy doses.

I live in a state that has hardly any legal marijuana (there is some medical but only for very limited conditions like epilepsy, and it's strictly enforced, unlike in some other states where anyone saying "my back hurts" can get prescription), and you can go into a well lit, clean CBD store in a strip mall on a major street where friendly employees will happily sell you these D9 gummies.

IIRC Florida (ahh, Florida) was trying to close this loophole by limiting the total amount of THC in any single package, but not sure where that went.

Re:Delaware will become the 22nd state to legalize recreatio... by time0ut on Sunday April 23, 2023 @07:26PM (#35681795)
The bill has been amended to remove the cap and focus just on labeling, marketing, and age restrictions. It is a large industry in FL now. Large enough to afford good lobbyists.
Re:Delaware will become the 22nd state to legalize recreatio... by jjeaff on Sunday April 23, 2023 @06:54PM (#35681538)
Have the feds been enforcing anything in states that have not made marijuana legal? It seems that maybe only state level and below authorities are enforcing them.

There are sometimes cases where laws that go unenforced for a long time can eventually become unenforceable. I wonder if this could happen federally to normal marijuana possession. The legal principle is called desuetude.

Re:Delaware will become the 22nd state to legalize recreatio... by NikolaNovak on Sunday April 23, 2023 @07:17PM (#35681723)
And this is not just hypothetical. E. G. If you're crossing the border, say from Ontario where cannabis is legal, flying to California where cannabis is legal, you can still get into enormous amount of trouble. A lot of Canadians are banned from ever going to USA again because of their misunderstanding or ignorance of the usa federal law.
Re:Delaware will become the 22nd state to legalize recreatio... by pnw on Sunday April 23, 2023 @07:19PM (#35681742)
There's a group of individuals who sued the federal government in the 1970s and won the legal right to use cannabis for medical purposes under the Investigational New Drug program. The first case was United States v. Randall. I believe several of them still get their cannabis supplied by the Federal government lab to this day.

https://en.wikipedia.org/wiki/Elvy_Musikka

Re:Delaware will become the 22nd state to legalize recreatio... by eikenberry on Sunday April 23, 2023 @07:24PM (#35681781)
Part of me wants to think that the Feds aren't pushing this as they want to keep their interpretation of the interstate commerce regulation in force. If they push this (and it is contested by the states) they may lose their ability to make any drug illegal as it could be decided that they can only regulate inter-state commerce and not intra-state commerce.
Re:Delaware will become the 22nd state to legalize recreatio... by kibwen on Sunday April 23, 2023 @07:27PM (#35681798)
> states will simply start ignoring federal law more and more, and its relevance will fade over time.

The next battleground will be abortion rights. If republicans fulfill their goals of banning abortion and birth control the next time that they control the government, watch blue states refuse to enforce those laws and refuse to cooperate with federal authorities.

Re:Delaware will become the 22nd state to legalize recreatio... by briHass on Sunday April 23, 2023 @07:27PM (#35681802)
If only the states held most of the power (and collected most of the taxes), you know, the way the Founders intended. Marijuana legalization is a good example of why this 'labrstory' model works: State A legalizes and collects tons of taxes, so neighboring states see the success and want in on the action. Likewise, policies that crash and burn are small in scale (i.e. small enough to be reversible) and people can, worst case, move to another state.

We shouldn't really care about the President, because their real influence on our lives would be minimal. As Marijuana shows, it's much easier to affect policy at the state level than Federal, and states would ostensibly spend the tax revenue on things that benefit their direct constituents, rather than being so disconnected from real issues that vast sums of money flows to causes that most taxpayers don't understand or care about.

Re:Delaware will become the 22nd state to legalize recreatio... by rayiner on Sunday April 23, 2023 @07:38PM (#35681882)
* * *
Re:Delaware will become the 22nd state to legalize recreatio... by hibikir on Sunday April 23, 2023 @07:47PM (#35681944)
You must be in a state that remotely aligns with your perspectives, but many are not that lucky. While theoretically the smaller the government, the more responsive it is, US states are a great counterexample. They associate people under the same government in ways that are divorced of current economic and cultural ties. State governments are also easier to gerrymander: See the many states where the difference in direction between state level elections and the state house is well over 10 points.

Furthermore, the much lower level of oversight in states lead to more extreme, low quality decisions, often which end up with people less happy than with national level decisions. See abortion: Leaving the decision to the states led to fewer people being happy with the laws they had, instead of more. This isn't because there aren't plenty of people that want very strong abortion restrictions, but because state lawmakers in states with Republican legislative majorities are far to the right of not just the median voter of their state, but even the median Republican. Similar things can occur in blue states. And how are legislators acting when they see voter-driven referendums to change legislation? By passing laws demanding 60%+ of the popular vote to overrule the legislature.

You also talk about politicians disconnected from real issues: When I look at the laws my state representatives try to pass recently, they are either not clear 50% of the popular opinion, or focus on key things like, say, legislating high school athletics for trans students. Given that the fact that they know which part of the state votes in favor of the majority of legislators, and which parts don't, how do you think they spend the money? That's right, the parts of the state that don't vote correctly don't get anywhere near the level of investment that matches their contributions to the state coffers. After all, making sure there are fewer people living in those places is a sure way to maintain control of the state government in the long term.

So while I am not unsympathetic to the idea of more local government, States are such a poor example of 'laboratories of democracy' that in a majority of cases, the federal government works less badly. Marijuana is the rare case where things happen to work out.

Re:Delaware will become the 22nd state to legalize recreatio... by aaomidi on Sunday April 23, 2023 @09:37PM (#35682731)
Sure this works for simple stuff like this.

It does not work when one state wants to keep slavery legal.

Like everything, a balance needs to be made.

Re:Delaware will become the 22nd state to legalize recreatio... by dragonwriter on Sunday April 23, 2023 @09:20PM (#35682610)
> Since federal law applies everywhere, marijuana is still technically illegal everywhere in the US.

But also Congress has forbid the federal government from spending to interfere with state medical marijuana laws, which federal courts have (with slight variations in details between the Circuit Courts) ruled prohibits not only direct actions against states, but also prosecutions of private parties for acts consistent with (and, in at least one Circuit, even in technical violation of) state medical marijuana laws. While this does not cover non-medical use, it does put a significant practical “asterisk” to the idea that marijuana is illegal everywhere in the US.

> It’s fascinating, however, that under three presidents spanning both parties, the federal authorities have given up on enforcing the ban in states that have removed marijuana laws from their own books.

That would be quite interesting, but nothing like that has actually happened. The reason we have a conflict in circuits on the scope of the funding restrictions is that the feds have continued to prosecute marijuana violations, even in states which have legalized some or all marijuana use, and even for acts which are closely connected to those states medical-use rules. (The First Circuit decision on the scope of the prohibition is from 2022.)