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Denver decriminalizes psychedelic mushrooms

denverpost.com

41–50 of 151 posts

Re: Denver decriminalizes psychedelic mushrooms

#41
post #34

I'm confused. If the federal government needed an amendment to criminalize alcohol how did it have the power to criminalize other drugs without an amendment?

It used to be that we recognized the fact that the feds had a very limited constitutional scope. That has been obliterated in the 20th century, with everything being justified under the necessary and proper clause and the commerce clause. A centralized bureaucracy has been gradually sapping the sovereignty of individuals, municipalities, and states; and replacing effective, local solutions with broad-brush national s…

Imagine if all of Europe was supposed to fall under a common legal system.

Yeah, it's that absurd, geographically, politically, and realistically.

Don't get me started about EU mandates. I'm all for standardization, but only if adherence is elective.

Re: Denver decriminalizes psychedelic mushrooms

#42
post #11

Earlier quoted context omitted.

Molly’s significantly more dangerous than acid or psilocybin, no?

It's kind of apples to oranges. Neither have bad direct side-effects, but they should be taken knowing what you're going into. Acid you should know that you'll need a good two days free to really enjoy yourself. The first 12 hours will be an intense mental journey. The next day or so is used to recover as you'll be mentally exhausted. If it's your first time though, you may not know how to handle it, so you'll need a…

That's great advice.

Re: Denver decriminalizes psychedelic mushrooms

#43
post #40
post #38

Earlier quoted context omitted.

In principle, the constitution outlines a federal government with specific, limited, enumerated powers. Over time, our interpretation of what those powers are and how they can be applied has changed a lot. The 18th was considered to be needed because although Congress does have the power to regulate interstate commerce, obviously selling alcohol isn't really interstate commerce. You might be brewing your own beer, or…

> the Supreme Court found that growing wheat on your own land to feed to your own chickens was interstate commerce ONLY because it affected the sale of other grains... in theory, because instead of buying grain off the market to feed your chickens, you used your own grain, which not only deprived the market of your purchase, it also took grains away from the market also... since you didn't sell them. there is no comp…

> there is no competition for cannabis or psilocybin.

> i'd love to see this argued in court.

https://en.wikipedia.org/wiki/Gonzales_v._Raich

> In both cases, the regulation is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat or marijuana, has a substantial effect on supply and demand in the national market for that commodity.

(To be clear, I disagree strongly with the decision, which I think was deeply misguided.)

Re: Denver decriminalizes psychedelic mushrooms

#44
post #3

Interesting, I saw an article claiming it narrowly failed a bit ago and was saddened. I have never tried them personally, but I suspect the threat of being arrested makes it harder to have a good "set and setting". I know that I never enjoyed cannabis until a trip to a place it was legal. Knowing that I was 100% ok to imbibe took away all my worries about detection, people knowing I was high, etc, and let me enjoy th…

Shrooms are very different. Brain chemistry almost impossible to predict ~ you may think you have a good set and setting, and then get permanently damaged.

Who knew!

Re: Denver decriminalizes psychedelic mushrooms

#45

I'm confused. If the federal government needed an amendment to criminalize alcohol how did it have the power to criminalize other drugs without an amendment?

Wickard v. Filburn, fucking up the separation of powers since 1942. https://en.wikipedia.org/wiki/Wickard_v._Filburn

[deleted]

Re: Denver decriminalizes psychedelic mushrooms

#46
post #41
post #34

Earlier quoted context omitted.

It used to be that we recognized the fact that the feds had a very limited constitutional scope. That has been obliterated in the 20th century, with everything being justified under the necessary and proper clause and the commerce clause. A centralized bureaucracy has been gradually sapping the sovereignty of individuals, municipalities, and states; and replacing effective, local solutions with broad-brush national s…

Imagine if all of Europe was supposed to fall under a common legal system. Yeah, it's that absurd, geographically, politically, and realistically. Don't get me started about EU mandates. I'm all for standardization, but only if adherence is elective.

I assume this is sarcastic?

I wasn't saying any thing about the EU. It's quite different from America, if for no other reason than because citizens of EU nations see themselves first and foremost as citizens of said nation, not the EU (which is understandable, as that is the case). The question here was concerning America. Do you really believe the bulk of federal overreach in America is comprised of "standardization"? The Constitution authorizes such measures: weights and measures, currency, etc. That's not part of it.

Re: Denver decriminalizes psychedelic mushrooms

#47
post #43
post #40

Earlier quoted context omitted.

> the Supreme Court found that growing wheat on your own land to feed to your own chickens was interstate commerce ONLY because it affected the sale of other grains... in theory, because instead of buying grain off the market to feed your chickens, you used your own grain, which not only deprived the market of your purchase, it also took grains away from the market also... since you didn't sell them. there is no comp…

> there is no competition for cannabis or psilocybin. > i'd love to see this argued in court. https://en.wikipedia.org/wiki/Gonzales_v._Raich > In both cases, the regulation is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat or marijuana, has a substantial effect on supply and demand in the national market for that commodity. (To be clear, I disagre…

Recent... and interesting...

> Respondents in this case do not dispute that passage of the CSA, as part of the Comprehensive Drug Abuse Prevention and Control Act, was well within Congress' commerce power. Nor do they contend that any provision or section of the CSA amounts to an unconstitutional exercise of congressional authority. Rather, respondents' challenge is actually quite limited; they argue that the CSA's categorical prohibition of the manufacture and possession of marijuana as applied to the intrastate manufacture and possession of marijuana for medical purposes pursuant to California law exceeds Congress' authority under the Commerce Clause.

Seems to me that this is actually arguing against the federal government.

But then...

> the diversion of homegrown marijuana tends to frustrate the federal interest in eliminating commercial transactions in the interstate market in their entirety. In both cases, the regulation is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat or marijuana, has a substantial effect on supply and demand in the national market for that commodity.

I will have to dig into this to understand the nuance, but... it seems that it might be slightly different.

Re: Denver decriminalizes psychedelic mushrooms

#48
post #4

Story isn't entirely accurate, Connecticut decriminalized them a couple years ago: https://apnews.com/0216054dc6cd453f8d83de8bbc84caeb https://www.cga.ct.gov/2015/ACT/pa/pdf/2015PA-00002-R00HB-07...

Did a search, don't see "mushroom" or "psilocybin" specifically mentioned in either of those links. Mind pointing specifically to what you're referring to?

Re: Denver decriminalizes psychedelic mushrooms

#49
post #46
post #41

Earlier quoted context omitted.

Imagine if all of Europe was supposed to fall under a common legal system. Yeah, it's that absurd, geographically, politically, and realistically. Don't get me started about EU mandates. I'm all for standardization, but only if adherence is elective.

I assume this is sarcastic? I wasn't saying any thing about the EU. It's quite different from America, if for no other reason than because citizens of EU nations see themselves first and foremost as citizens of said nation, not the EU (which is understandable, as that is the case). The question here was concerning America. Do you really believe the bulk of federal overreach in America is comprised of "standardization…

It was tongue in cheek, for sure. My contrast of the EU was to draw a parallel between many sovereign nation states falling under a common union. Hey, kind of like a United States or something. We are not in disagreement there... and also, I'm definitely not against standards... as long as said standards are electively participatory, and not mandated from a high level government.

Re: Denver decriminalizes psychedelic mushrooms

#50

I'm confused. If the federal government needed an amendment to criminalize alcohol how did it have the power to criminalize other drugs without an amendment?

Not really. Abolitionists wanted an amendment because its harder to reverse than a simple law.
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