From: "Clifford A. Schaffer" <[s c haffer] at [smartlink.net]>
Newsgroups: talk.politics.drugs
Subject: History of the Drug Laws -- Part 3
Date: 12 Feb 1996 05:40:42 GMT

Speech by Professor Charles Whitebread before the 1995 California Judges 
Association conference -- continued
 

Let's try the gambling prohibition.  You know when I came to Virginia, 
this was a very lively issue, the gambling prohibition.  By the way, I 
think it's a lively issue in California.  Are you ready for it?

Have you ever seen the rhetoric that goes around the gambling prohibition? 
 You know what it is.  Look, we have had a good time.  We have been 
together yesterday, we have been together today, I have known a lot of you 
guys for ages.  How about after the talk, we have a minute or two, let's 
go on up to your room and we will play a little nickel, dime, quarter 
poker.  Want to play some poker this afternoon?  Why not?  It's a nice 
thing to do.

Would we be outraged if the California State Police came barreling through 
the door and arrested us for violation of California's prohibition on 
gambling?  Of course we would.  Because, who is not supposed to gamble?  
Oh, you know who is not supposed to gamble -- them poor people, that's 
who.  My God, they will spend the milk money.  They don't know how to 
control it.  They can't handle it.  But us?  We know what we are doing.

That's it.  Every criminal prohibition has that same touch to it, doesn't 
it?  It is enacted by US and it always regulates the conduct of THEM.  And 
so, if you understand that is the name of the game, you don't have to ask 
me, or any of the other people which prohibitions will be abolished and 
which ones won't  because you will always know.  The iron law of 
prohibitions -- all of them -- is that they are passed by an identifiable 
US to control the conduct of an identifiable THEM.  

And a prohibition is absolutely done for when it does what?  Comes back 
and bothers US.  If, at any time, in any way, that prohibition comes back 
and bothers us, we will get rid of it for sure, every doggone time.  Look 
at the alcohol prohibition if you want a quick example.  As long as it is 
only THEM --- you know, them criminals, them crazy people, them young 
people, them minority group members --- we are fine.  But any prohibition 
that comes back and bothers US is done for.

Let's just try the marijuana prohibition as a quick one.  Who do you think 
was arrested 650,000 strong two years ago for violation of the marijuana 
laws?  Do you think it was all minority group members?  Nope.  It was not. 
 It was some very identifiable children of US -- children of the middle 
class.  You don't have to answer my opinion.  No prohibition will stand -- 
ever-- when it comes back and penalizes our children -- the children of US 
who enacted it.  And in fact, do you have any real doubt about that?  Do 
you know what a fabulous sociological study we will be if we become the 
first society in the history of the world to penalize the sons and 
daughters of the wealthy class?  Unheard of.
And so, yeah, we will continue the War on Drugs for a while until 
everybody sees its patent bankruptcy.  But, let me say that I am not 
confident that good sense will prevail.  Why?  Because we love this idea 
of prohibition.  We really do.  We love it in this country.  And so I will 
tell you what I predict.  You will always know which ones are going out 
and which ones are coming in.  And, can't you see the one coming right 
over the hill?  Well, folks, we are going to have a new prohibition 
because we love this idea that we can solve difficult medical, economic, 
and social problems by the simple enactment of a criminal law.  We adore 
this, and of course, you judges work it out, we have solved our problem.  
Do you have it?  Our problem is over with the enactment of the law.  You 
and the cops work it out, but we have solved our problem.
Here comes the new one?  What's it going to be?  No, it won't be guns, 
this one starts easy.  This one is the Surgeon General has what? 
--Determined -- not "we want a little more checking it out", not "we need 
a few more studies",  not "reasonable people disagree" -- "The Surgeon 
General has determined that the smoking of cigarettes will kill you."
Now,  all you need, and here is my formula, for a new prohibition every 
time is what?  We need an intractable, difficult, social, economic, or 
medical problem.  But that is not enough.  There has to be another thing. 
 It has to divide by class --- by social or economic class, between US and 
THEM.  
And so, here it comes.
You know the Federal Government has been spending a lot of money since 
1968 trying to persuade us not to smoke. And, indeed, the absolute numbers 
on smoking have declined very little.  But, you know who has quit smoking, 
don't you?  In gigantic numbers?  The college-educated, that's who.  The 
college-educated, that's who doesn't smoke.  Who are they?  Tomorrow's 
what?  Movers and kickers, that's who.  Tomorrow's movers and kickers 
don't smoke.  Who does smoke?  Oh, you know who smokes out of all 
proportion to their numbers in the society -- it is the people standing in 
your criminal courtrooms, that's who.  Who are they? Tomorrow's moved and 
kicked, that's who.  
And, there it is friends, once it divides between the movers and kickers 
and the moved and kicked it is all over and it will be all over very 
shortly.

It starts with "You know, they shouldn't smoke, they are killing 
themselves."  Then it turns, as it has -- you see the ads out here -- 
"They shouldn't smoke, they are killing us."  And pretty soon, that class 
division will happen, we will have the legislatures full of tomorrow's 
movers and kickers and they are going to say just what they are going to 
say any time now.  "You know, this has just gotta stop, and we got an 
answer for it."  We are going to have a criminal statute that forbids the 
manufacture, sale, or possession of tobacco cigarettes, or tobacco 
products period.

You know that the cigarette companies are expecting it.  What have they 
been doing?  They have been shifting all of their operations out of the 
United States and diversifying like crazy.  Where are they going to sell 
their cigarettes?  In China, that's where.  And they are already moving, 
because they see it and I see it. 

Ready?  What are we going to have?  You know what we are going to have.  
One day -- when's it gonna happen, ten years, fifteen?  -- some legislator 
will get up and, just as though it had never been said before, "You know 
we gotta solve this smoking problem and I got a solution -- a criminal 
prohibition against the manufacture, sale, or possession of tobacco 
cigarettes."  And then you know what happens.  Then everybody who did want 
a cigarette here today, if there is anyone here who smokes, you are going 
to have to hide in the bathroom.  And cigarettes are no longer going to be 
three dollars a pack, they are going to be three dollars a piece.  And 
who's going to sell them to you?  Who will always sell them to you?  The 
people who will sell you anything -- organized crime.   You got the 
concept, we will go through the whole darn thing again because I am 
telling you this country is hooked on the notion of prohibition.
Let me conclude, and again this is my prediction  -- I will tell you I 
don't think it is subject to opinion.  Just look at it.  Just take a look 
at what has happened now and what will happen.  I will tell you how 
inexorable it is.  If we get together here in the year 2005, I will bet 
you that it is as likely as not that the possession of marijuana may not 
be criminal in this state.  But the manufacture, sale, and possession of 
tobacco will be, and why?  Because we love this idea of prohibitions, we 
can't live without them.  They are our very favorite thing because we know 
how to solve difficult, social, economic, and medical problems -- a new 
criminal law with harsher penalties in every category for everybody.




-- 

Clifford A. Schaffer
P.O. Box 1430
Canyon Country, CA 91386-1430
(805) 251-4140
World Wide Web: http://www.calyx.net/~schaffer
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