The Overton Window Has Shifted, And Not In A Good Way

With more and more states raising their smoking ages to 21 (and the federal government likely to follow very soon), along with a burgeoning movement to raise the "juvenile" injustice age to 20 or 21 (or perhaps even higher), one can conclude that the Overton window is currently shifting in the wrong direction.  That is, it is becoming increasingly politically acceptable to raise age limits higher than 18, while lowering age limits is becoming increasingly unacceptable these days.   And both corporate duopoly parties in government today seem to be equally affected/infected by this virulently ageist and illiberal trend towards higher and higher age limits.

Clearly, it doesn't take a rocket scientist to see that the odds of us successfully lowering the drinking age (and toking age) to 18 anywhere in the the USA have really never been lower than they are now.  Even the possible silver lining of a new showdown between the feds and states is exceeedingly unlikely now, since Mitch McConnell's "Tobacco-Free Youth Act" recently had that controversial section about withholding state grants removed before it got out of committee, and it looks likely to pass both houses without it.

Time and momentum are NOT on our side right now, in other words.  Slopes are MUCH slipperier than they appear, and we need to turn this ship of fools around before it's too late (assuming it isn't already too late).

What's Worse Than Raising The Federal Smoking Age To 21? Forcing States To Do The Same As Well

There are a number of federal Tobacco 21 bills competing in Congress right now.  But the one that Big Tobacco and their shill Mitch McConnell both want, the Tobacco-Free Youth Act, would not only raise the federal tobacco and vape sale age from 18 to 21 (thus amending the Family Smoking Prevention and Tobacco Control Act of 2009), but also force states to raise their own legal sale age limit for tobacco and vaping products to 21 by changing "18" to "21" in the 1992 Synar Amendment as well.  Such coercion in the latter would revoke a portion of federal substance abuse prevention grants from states that choose to keep their age limits below 21, something that has been academic since 1993 (when all states raised their age limits to at least 18 to satisfy the Synar Amendment as written).  Sound familiar?  In 2000 the Supreme Court struck it down as unconstitutional since back then the FDA did not have legal authority over tobacco, the FDA now does, so any new challenge would have to be one that would also attack the federal drinking age coercion in the 1980s, whether on Tenth Amendment grounds or substantive due process / equal protection under the 14th Amendment.  (Such a challenge may be the only silver lining, assuming both get overturned as a result.)

History may not repeat itself, but it does rhyme.  And the odd thing is, if the federal age limit is raised to 21, coercing the states to do so is redundant at best, and counterproductive (for the feds, that is) since it opens the federal government up to legal challenges, and also makes it easy for Big Tobacco to extract special favors from states by giving them an unnecessary bargaining chip to play with.  And this flaw seems very likely to be deliberate.  So in their zeal to raise the smoking age to 21, the anti-tobacco movement becomes strange bedfellows with Big Tobacco.

Seriously.   Let that sink in.  And by the way, threatening to withhold substance abuse prevention grants from states as a cudgel during the opioid crisis is every bit as base and cowardly (if not even more so) as withholding federal highway funding while our infrastructure is rapidly decaying and crumbling.

All of these Tobacco 21 bills need to be vigorously fought against, period.  If any of these happen to pass, another little piece of America as we know it will die, and 21 will become the new 18 in so many other ways as well.  And then it would be only a matter of time before it becomes 25, and so on.

UPDATE:  Looks like as of June 26th, the bill advanced out of committee, and they apparently scrapped the part about forcing states to raise their own age limits for tobacco/vaping products.  But the bill still stinks to high heaven regardless, albeit slightly less.

How About We NOT "Raise The Age" For Juvenile Injustice Beyond 18?

For the record, Twenty-One Debunked does NOT support any attempt raise the age for the juvenile injustice system any higher than 18.  Period.

Until recently, no one really took seriously the idea of raising the juvenile injustice age any higher than 18.  In fact, we would often half-jokingly use this idea as an intellectual checkmate against the 21 drinking age and similar illiberal and ageist laws.  But the idea is apparently now really catching on since last year.  Make no mistake, this will NOT make young adults (or anyone) any better off, but it is a Trojan horse that will later be used as an excuse to revoke ALL civil rights from 18-24 year olds, just like people under 18 today.  After all, "you can't have adult rights without adult responsibilities", they say, without even the slightest hint of nuance (or irony), of course.

I mean, we can kinda understand raising the age for the "juvenile" injustice system to 18, only because it is unfair that as long as the age of majority remains 18 and the juvenile age limit is lower than 18, people under that age are hypocritically treated as children when they are good and adults when they are bad.  A few states currently still set the age limit at 16 or 17 to this day, and they should probably raise it to 18 given what we know now about youth development.  But any higher than that is really asking for trouble, and will do far more harm than good.  If they honestly want to make the adult criminal injustice system more rehabilitative and restorative for all ages, fine.  But they really don't, and raising the age limit is both over and under inclusive, and highly counterproductive to both justice and youth rights.

As for the idea of having separate young-adult prisons for 18-24 or 18-25 year olds while still trying and sentencing them as adults, we have no problem with that.  The UK has done that for a while, and now Connecticut is experimenting with this idea as well.  It does make sense to not put those who are young enough still have a chance (however slim) to be rehabilitated in the same facility with older, more hardened criminals who will be a very bad influence on them.  Believe it or not, us youth rights activists actually are capable of nuance.  But trying and sentencing them as anything less than the adults that they are is really taking things too far in that regard.

Indeed, slopes are a LOT slipperier than they appear.  One of the very first things to do to fight this trend is to jettison the term "emerging adult" from our vocabulary, at least in regards to 18-24 year olds.  "Young adult" is the longstanding and preferred term for that age range as well as also 25-34 year olds, and there is no need for neologisms that further divide the youth or young adult demographics.  Language is very powerful, and recategorizing people with neologisms is the first step towards second-class citizenship (i.e. not REAL adults, because REASONS, or something).

And of course, we must recognize and expose the junk neuroscience behind this latest Trojan horse for what it is, as it is literally the same junk neuroscience used to justify abridging the civil rights of 18-24 year olds (to say nothing of those under 18 as well, a fortiori.)

So let's NOT give the ageists any more ammunition by taking the bait here.  Seriously, not even in jest.

Have A Safe And Happy Memorial Day Weekend

Today is Memorial Day, often known as the unofficial first day of summer and National BBQ Day.  But let's remember what it really is--a day to honor all of the men and women of our armed forces who made the ultimate sacrifice for our country.  And that of course includes all of those who died serving our country before they were legally old enough to drink.  Let us all take a moment of silence to honor them.

As for Candy Lightner, the ageist turncoat founder of MADD who had the chutzpah and hubris to go on national TV in 2008 and publicly insult our troops, may her name and memory be forever blotted out. 

And as always, arrive alive, don't drink and drive.  It's just not worth it, period.  And it's very simple to prevent.   If you plan to drive, don't drink, and if you plan to drink, don't drive.  It's not rocket science.

Who Are The Real Radicals?

The word radical generally refers to a person or group that wants to make drastic and fundamental (that is, radical) changes to society.  Derived from the Latin word for "root", in this way it illustrates just how fundamental such change is called for.  Classic examples that you oldsters reading this may recall from back in the day include Abbie Hoffman and Jerry Rubin.  But is Twenty-One Debunked really such a radical group like some may think?

Is it really radical to want all legal adults above the age of majority (18) to have the same rights that people over 21 currently enjoy, including (but not limited to) the right to use, possess, share, and purchase otherwise-legal psychoactive substances?

Is it really radical to believe that alcohol should be legal for all adults, period, like it is in nearly every single non-Muslim country in the world (and even some moderate Muslim countries too)?

Is it really radical to believe that cannabis, which is objectively safer overall than alcohol and tobacco and less addictive than coffee, should be re-legalized (it was not always illegal, only for a tiny fraction of history) for both recreational and medical use, fairly taxed, and regulated no more stringently than alcohol or tobacco (and legally sold and/or used in many if not most of the same places as well)?

Is it really radical to believe that, when it is legalized, the age limit for cannabis should not be any higher than the legal age of majority (18), nor any higher than for the more dangerous and addictive already-legal drugs, alcohol and tobacco?

Is it really radical to believe that, for as long as tobacco remains legal and readily available, those over the age of majority (18) should retain the right to decide for themselves whether or not to choose pleasure over longevity and indulge in this (albeit dangerous and deadly) substance?

Is it really radical to not want to punish the many (such as an entire demographic group) for the actions of the few?  And to prefer to hold individuals fully and solely accountable for their own misbehavior?

Is it really radical to believe that drinking establishments, and especially social hosts at private residences, should NOT be held vicariously liable for what their adult guests or customers do after leaving the premises following participation in voluntary intoxication on the premises?  And that personal responsibility for individuals should still be a thing?

Is it really radical to believe that, as John Stuart Mill believed, that individuals are fully sovereign over their own bodies and minds, at least as far as consenting adults are concerned?

Is it really radical to believe that our own bodies are NOT property of the state or any other entity besides ourselves, regardless of what the state or entity may claim or choose to provide us with?

Is it really radical to believe that adults should NOT have to be baby-sat?

Is it really radical to believe that if you're old enough to go to war, you're old enough to go to the bar?

Is it really radical to believe that under a system of federalism, the federal government does NOT get to force or coerce states to raise their own legal age limits for alcohol (or any other legal substance) higher than their own ages of majority?

Is it really radical to believe that under a system of federalism, the federal government should have far LESS (if any) latitude in terms of micro-managing authority over We the People than the state and local governments do, and when in doubt should really stay in their own lane?

Because if you think that these ideas are somehow radical, we've got news for you:  they are actually quite conservative and in line with both international and historical norms, even in our very own country before 1984 if you can believe that.  This shows just how far the Overton window has shifted both rightward and in the authoritarian direction, and just how far down the rabbit hole we have gone.

As Five Finger Death Punch would say, it's stranger than fiction, how we've decayed...

Still No Increase In Stoned Driving Post-Legalization In Canada

Cannabis has been legal in Canada for everyone over 18 (or 19, depending on the province) since October 17, 2018, and yet six months later there has still been no noticeable increase in stoned driving and related crashes overall according to police.  While it may still be too soon to tell, that is still very encouraging news that takes much of the wind out the sails of both prohibitionists and ageists alike.

This adds to the growing body of evidence that legalization of cannabis was NOT a disaster after all, and that there is no good reason to set the age limit any higher than 18.  Food for thought indeed. 

What Does Big Tobacco Really Hate? Hint: It's NOT Tobacco 21 Laws

Clearly, Big Tobacco (including the quisling JUUL Labs who sold out to them) does NOT oppose raising the age limit for tobacco and vaping products to 21.  In fact, they now openly support Tobacco 21 laws, including the latest attempt at the federal level.  It appears to be a cowardly, treacherous Trojan horse to scuttle and pre-empt any laws that they oppose.

But what laws and regulations DO they really, really vehemently oppose these days?  That is the real question here and the answer is:

• Higher tobacco taxes of any kind, especially on cigarettes but also on other tobacco and vaping products as well.
• Flavor bans of any kind, whether menthol cigarettes, flavored cigars, or fruity and candy flavors for vape products.

And it is very telling indeed that they oppose those laws so vehemently.  Additionally, as far as age limits go, they also historically have preferred purchase-use-possession (PUP) laws over sales-to-underage (STU) laws, since the former put the onus on young smokers/vapers themselves while the latter put the onus on vendors, and Big Tobacco really HATES the latter even if they pay lip service to it. This has been true with an age limit of 18, and probably will still be their quasi-official stance under an age limit of 21.

Given what we know about what Big Tobacco likes and dislikes, it should be pretty obvious how to combat them effectively.  Don't take the Tobacco 21 bait, Congress!  Keep it 18, and enforce it better by strengthening the Synar Program for retailer compliance checks, ban kid-friendly vape flavors, consider banning menthol cigarettes, cap nicotine levels of vape products down to European and Israeli levels, phase down nicotine levels in cigarettes to a non-addictive level, and raise the taxes on tobacco products (and add a more modest vape tax too).

To sum up Big Tobacco's thought process:

• Raise cigarette or other tobacco or vape taxes?  HELL NO!
• Flavor bans?  HELL NO!
• Restrictions on nicotine content?  HELL NO! 
• Raise the age limit for tobacco and vaping products to 21?  HELL YEAH!

Remember, anything that Mitch "Awkward Turtle" McConnell (and Big Tobacco) supports has to have some sort of sinister ulterior motives.  Twenty-One Debunked opposes raising the age limit any higher than 18 on principle, regardless of why they want to do it.  But now add in this sinister Big Tobacco dimension and it only becomes all the more repugnant overall.  It truly must be opposed.

California's--And America's--Black Market Cannabis Problem

Looks like the black market for cannabis is unfortunately alive and well in states that have legalized cannabis. This includes California after over a year of legal retail sales, and in other legalization states even after several years of legal retail sales.  So what gives?

The two biggest reasons appear to be high taxes/prices and a limited number of legal dispensaries/outlets.  The black market can easily undercut such high prices and fill in the gaps left by not enough legal retail stores, and do not have to deal with the rather onerous licensing and other regulations that legal businesses must adhere to.  When there is an artificial shortage of legal cannabis, the black market easily picks up the slack, and where there is an oversupply that makes it less profitable, some of it gets diverted to the black market to sell illegally to other, non-legalization states as well.

And then there is that 21 age limit as well, which is currently the case in all legalization states.  That also encourages illicit sales as lower-hanging fruit compared to legal dispensaries with strict enforcement. Can we get a resounding, "DUH"?

So what to do?  Cut the taxes on cannabis, yesterday, for at least a year or two before raising them again.  Consider a complete tax holiday for a few months, like Oregon did when legalization began there.  Ease up a bit on licensing regulations (and fees) for both producers and retailers.  Allow at least all liquor stores to sell weed alongside their booze, and further consider allowing any store that sells cigarettes to also sell weed as well, including grocery and convenience stores.  Lower the age limit to 18, yesterday.  Encourage current black market dealers to "go legit".  And once these things are done, then crack down hard on the black market, particularly the illegal commercial growers and higher-ups in the illegal businesses and organized crime syndicates.

Problem solved.

And of course, fully legalize cannabis at the federal level as well.  Period.

Of course, once the black market is dead and gone, then by all means, tax away.  But now is NOT the time for overtaxation or overregulation.

So what should the tax on cannabis be?  To start with, we at Twenty-One Debunked believe it should be no higher that $10/ounce for bud and $2.50/ounce for trim at the production/cultivation level, with no other taxes aside from regular sales tax.  Consider a three-month tax holiday as well, like Oregon did in 2015.  Then, after the first year or two, the tax should be no higher than $50/ounce for bud and $15/ounce for trim, much like it is in Alaska today.  As for concentrates and edibles, those are best to tax based on THC content, e.g. 1 cent/milligram of THC.

Remember, there is really no good reason why cannabis needs to be regulated any more stringently than alcohol or tobacco.  After all, while it is not completely harmless for everyone, the fact remains that by just about any objective, rational, scientific measure, cannabis is safer than alcohol, tobacco, most prescription drugs, aspirin, and even Tylenol, while it is less addictive than coffee.  Thus our laws and regulations need to align accurately with reality, since facts > feelings, even in a "post-truth" society.

Awkward Turtle! Mitch McConnell Wants To Raise Federal Tobacco And Vaping Age To 21

In 2019, there seems to be one thing that Big Tobacco, JUUL Labs (which sold out to Big Tobacco), most anti-tobacco groups, Sen. Elizabeth Warren (D-MA) and Sen. Majority Leader Mitch "Awkward Turtle" McConnell (R-KY) can all agree on.  And that thing is a federal Tobacco 21 law that raises the sale age limit for all tobacco and vaping products to 21 nationwide.  Politics certainly does make some very strange bedfellows indeed!

This would require an act of Congress, of course, as the FDA is explictly denied (as they should be!) the authority to raise the federal age limit any higher than 18.  And unlike the drinking age where the feds had to make an end-run around the Constitution to coerce states to raise their drinking ages to 21, this time they will not have to do so and can simply set a federal age limit of 21.  They already set a federal age limit of 18 as of 2009, so that law can very easily be amended.  Crucially, this law  only applies to the age limit for sales, and only sellers are targeted and penalized (unlike the drinking age in which public possession by young people is an offense), so this is still within Congress’s authority.  

Except, of course, for the substantive due process and equal protection argument invoking the 14th Amendment, since the age limit would be higher than the age of majority, but that is a separate issue from state's rights and the 10th Amendment.  And that can potentially be challenged in court, albeit as a VERY uphill battle.

Thus, this bill is likely to pass, unfortunately.  Write your Congresscritters and convince them to oppose it.  And point out all of the other things they can do instead:

• Raise the federal cigarette tax, apply it to the producer level, and set a national price floor to discourage interstate smuggling.
• Create a federal vape products tax on all nicotine-containing vape juices and pods, ideally proportional to nicotine content.
• Ban fruity and candy flavors in any nicotine-containing product.
• Cap the nicotine content of vape products down to European and Israeli levels.
• Give out free nicotine patches, gums, inhalers, etc. to any smokers who want to quit (NYC already does this.)
• Consider gradually phasing down the maximum allowable nicotine content of combustible cigarettes to a non-addictive level.
• Consider gradually phasing out menthol cigarettes like Canada did and the EU is in the process of doing.
• And last but but not least, enforce existing laws better in terms of the current 18 age limit for tobacco and vaping products.  In fact, amend the Synar Amendment and Program to raise the passing grade for retailer compliance checks from the currently low bar of 80% to 90% and then 95%, and include vape products.  

But do NOT raise the age limit any higher than 18.

Have A Safe And Happy 4/20

We at Twenty-One Debunked would like to wish every cannabis user a safe and happy 4/20.  For those who don't know, 4/20 (April 20) is the unofficial National Marijuana Day, based on the number 420 being code for cannabis dating back to the 1970s.

Please keep in mind that while driving under the influence of cannabis alone is not as dangerous as driving under the influence of alcohol, it is NOT really safe or wise to do so, particularly with higher doses.  So avoid doing so, and if you do toke up, try to wait as long as you can (i.e. a few hours) before getting behind the wheel, as that can make all the difference.  Also, coffee and sleep will not sober you up--only time can--but they can take the edge off of any residual fatigue.  And certainly do NOT drive twisted (high and drunk at the same time) under any circumstances, period, as that is worse than either subtance alone.  Even fairly small amounts of alcohol when combined with weed can make driving all the more dangerous in combination, albeit with the silver lining that the impairment from such small amounts wears off fairly quickly compared to larger amounts.

The two most important rules for life in general, according to the ancient Greeks, are as follows:  "Know thyself", and "Nothing to excess".  These certainly apply here.  And we will add another one:

"When in doubt, wait it out".