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Old Jun 25, 2009, 3:00 pm
  #166  
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Originally Posted by Boggie Dog
I don't know who you hang out with but people I know do not use illegal drugs. If they did and I became aware of that fact I would report that to the police.
So the names Bill Clinton, Cindy Mccain, George W. Bush and Rush Limbaugh, Clarence Thomas and Newt Gingrich are unfamiliar to you?
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Old Jun 25, 2009, 3:10 pm
  #167  
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Last edited by Bart; Sep 18, 2009 at 5:53 pm
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Old Jun 25, 2009, 3:30 pm
  #168  
 
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commission of victimless crimes does not suggest lack of integrity

Originally Posted by Boggie Dog
You mixing legal items with some that are illegal in all cases.
That's right. At issue here is drug use, not specifically illegal drug use.

You wrote:
If a person hangs out, past or present, with people who use drugs then I would question that persons qualifications to hold any kind of security clearance.
Ibuprofen, caffeine, nicotine, alcohol, THC (the primary psychoactive substance in flowers of the cannabis plant), and MDMA are all drugs, and using them is drug use. Of those, the most dangerous (low ratio of effective dose to lethal dose, physically-addictive, etc.) are nicotine and alcohol. Caffeine is dangerous in sufficient quantity. MDMA isn't dangerous at moderate dosage, but is frequently adulterated with dangerous substances as a result of the black market we create by way of our policy of prohibition, not of the drug itself. It was prescribed by doctors until the 1980's. THC is not dangerous at any dosage (has been used safely for centuries, never killed anyone, and is only addictive like bon-bons, cheeseburgers, sex, and thrill rides are). I don't know much about ibuprofen, but like aspirin, it's safe at the right dosage, and because we regulate it instead of prohibiting it, purity is very predictable.

Most drug addicts I come into contact with are addicted to nicotine. You probably know and associate with quite a few drug addicts. Look just outside the doors of your place of employment to find them huddled there getting their fix every few hours. If you work alone, you can find them at the cancer ward of any hospital.

Originally Posted by Boggie Dog
Even some legal items become illegal when used improperly such as driving under the influence.
Sort of. Items aren't really illegal, possession of them is. But I agree with what I suspect you meant to write. And what is illegal posession in some places and situations is legal in others. Medicinal cannabis use, allowed in 13 states, is a good example. For instance, what a cancer patient does here in Washington State to counter the side-effects of his chemotherapy, using one of the safest drugs available (remember, never killed anyone, not physically addictive), an herb that can be grown at home without lining the pockets of pharmaceutical companies, is illegal in other places. The fact that it is illegal somewhere (and has been at various times in various places) doesn't in my eyes make it immoral for someone to use it here, where it's now legal, or elsewhere, where it may be illegal, regardless of whether they use it to deal with pain, to reduce intraocular pressure from glaucoma, to relax, or to increase their enjoyment of art, food, or nature. It certainly doesn't cause me to question the integrity of that person. It would be foolish of me to allow it to.

Originally Posted by Boggie Dog
When a person applies for a security clearance part of the process deals with the persons integrity. The use of illegal drugs or even close association with others who use illegal drugs brings that persons integrity into questions.
Not with me, it doesn't. Why does it with you?

In your opinion, does commission of other victimless crimes bring people's integrity into question? Like betting on card games or the company NCAA tournament pool? Consenting adults exchanging cash instead of dinner and a movie for sex? Ingesting prescription drugs prescribed to a family member or spouse with the other person's permission?

Originally Posted by Boggie Dog
A person with a history of drug use should get a hard look before any clearance is granted.
Any drug use? Or just use that is presently unlawful in some places? What about drug use that was previously illegal but is now legal (like alcohol, for instance)?

Do you really judge someone's moral character based on the substances he chooses to ingest? Even if he ingests them in a responsible manner?

Originally Posted by Boggie Dog
I don't know who you hang out with but people I know do not use illegal drugs. If they did and I became aware of that fact I would report that to the police.
That calls your character into question.


Originally Posted by RichardKenner
One would hope that the reason why people who have classified information don't divulge it is not merely because it's against the law, but because they feel that it's morally wrong. No such exists for breaking drug laws in minor ways.
Bingo!
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Old Jun 25, 2009, 3:34 pm
  #169  
 
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Originally Posted by RichardKenner
The constitutional problem, though, is that the referral to the LEO itself is overstepping the bounds of the administrative search. Once you've verified that no prohibited objects exist, you must be done. The only exception is if you've encountered evidence of a crime, not something that just might be a crime.
Originally Posted by Bart
Oh really? Well, you're not the first to suggest that. However, seeing as how this practice is pretty common, I'm curious why it hasn't been overturned by the courts as unconstitutional.
Because the TSA says that they are still searching for prohibited objects and are not done during the time the LEO is being summoned and arrives.

If a TSO found $10,001 in my bag and wanted to refer or talk to me about it, I would request that be done after the screening is complete for aviation related prohibited items. Once the TSO makes the statement that the search for prohibited items is over, that should be the end of the administrative search and I should be permitted airside without further delay.

Originally Posted by RichardKenner
As I said earlier, where does this slippery slope end? By your logic, a TSO would be permitted to make an LEO referral because there was an iPod since it's possible that it contains illegally-downloaded material.
Originally Posted by Bart
Seeing as how I've trained my TSOs how to tell the difference, I can't answer your question. My TSOs know how to recognize an iPod. In fact, they can tell you the brand of computer just by looking at the x-ray image.

Try again.
You've trained your TSO's to tell the difference if an iPod does or does not contain illegally downloaded material? That was the premise of the issue raised.

Perhaps someone does need to "try again."
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Old Jun 25, 2009, 3:52 pm
  #170  
 
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Originally Posted by pmocek
The fact that it is illegal somewhere (and has been at various times in various places) doesn't in my eyes make it immoral for someone to use it here, where it's now legal, or elsewhere, where it may be illegal, regardless of whether they use it to deal with pain, to reduce intraocular pressure from glaucoma, to relax, or to increase their enjoyment of art, food, or nature.
For what it's worth, marijuana is still illegal to possess in Washington State. And California, and New Mexico, and everywhere else in the United States. It's a federal crime, regardless of state laws.

Originally Posted by pmocek
In your opinion, does commission of other victimless crimes bring people's integrity into question? Like betting on card games or the company NCAA tournament pool? Consenting adults exchanging cash instead of dinner and a movie for sex? Ingesting prescription drugs prescribed to a family member or spouse with the other person's permission?
The question wasn't addressed to me, but yes. To all of that. I am a federal employee with a security clearance. I can't choose which laws to follow and which to disregard. I personally wouldn't mind seeing some of those legalized (to include marijuana use). But while they remain against the law, those given special trust by the government must abstain.
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Old Jun 25, 2009, 4:12 pm
  #171  
 
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Many of us don't base our morals on the whims of legislators. The difference between licit and illicit substances is largely political.

Deeg, how does civil disobediance fit into your view of things? What do you suppose you would have to say about the integrity of Mahatma Gandhi and Rosa Parks were they still alive today?

When it comes to personal integrity, how does the responsible use of cannabis by adults compare to jaywalking?
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Old Jun 25, 2009, 4:21 pm
  #172  
 
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Originally Posted by pmocek
When it comes to personal integrity, how does the responsible use of cannabis by adults compare to jaywalking?
The latter is far worse; it might result in damage to my automobile. The former would probably cause them to stay home, provide less competition in the job market, and die sooner (saving me tax dollars).

Originally Posted by Deeg
The question wasn't addressed to me, but yes. To all of that. I am a federal employee with a security clearance. I can't choose which laws to follow and which to disregard.
You sure can... and do... everyday. You may choose to follow the laws, but you make that choice quite often.

Of course actually never breaking the law is basically impossible. It would not surprise me if, every day, a majority of people in the US committed violations of the law technically serious enough to justify arrest.
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Old Jun 25, 2009, 4:23 pm
  #173  
 
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Originally Posted by pmocek
Many of us don't base our morals on the whims of legislators.
In my moral system, there is right and wrong. Something illegal is almost never right. Legality is a starting point for morality.

Originally Posted by pmocek
Deeg, how does civil disobediance fit into your view of things? What do you suppose you would have to say about the integrity of Mahatma Gandhi and Rosa Parks were they still alive today?
I can respect civil disobediance when it's being done to promote a good cause and done without hurting other people. But there is no way that you can equate smoking a joint with the civil rights movement.

Originally Posted by pmocek
When it comes to personal integrity, how does the responsible use of cannabis by adults compare to jaywalking?
Jaywalking in most places isn't a crime. It's a civil infraction, much like traffic tickets. But, even in those places where it is a crime, it is a petty one. While possession of cannabis might be a misdemeanor, its sale is a felony. Its production is a felony. Both are also associated with lots of other criminal activity, such as gang activity and weapons violations.

That said, "responsible" cannabis use isn't the end of the world in my book, either. And the adjudicaton guidelines for security clearances don't disqualify a person for using it in the past. But it must be in the past.
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Old Jun 25, 2009, 4:25 pm
  #174  
 
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Originally Posted by ralfp
You sure can... and do... everyday. You may choose to follow the laws, but you make that choice quite often.
True. But you know what I meant.

Originally Posted by ralfp
Of course actually never breaking the law is basically impossible. It would not surprise me if, every day, a majority of people in the US committed violations of the law technically serious enough to justify arrest.
Okay, I'll bite. What could I have been arrested for today?
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Old Jun 25, 2009, 4:35 pm
  #175  
 
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Originally Posted by Deeg
Okay, I'll bite. What could I have been arrested for today?
If you drive to work you probably committed enough traffic violations to result in an arrest (in some states it only takes one violation to permit an arrest); even the best drivers do not follow all of the laws. For example, anyone legally taking a controlled substance ("any trace" being the threshold) can be arrested for driving in IL (and other states). Did you cover your naughty bits before stepping out of the shower near a window with a view outside? If you didn't, you probably committed a sex-crime. Did you take a second dose of Tylenol before 4 hours was up? The list goes on and on.
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Old Jun 25, 2009, 4:57 pm
  #176  
 
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Originally Posted by ralfp
If you drive to work you probably committed enough traffic violations to result in an arrest (in some states it only takes one violation to permit an arrest); even the best drivers do not follow all of the laws. For example, anyone legally taking a controlled substance ("any trace" being the threshold) can be arrested for driving in IL (and other states). Did you cover your naughty bits before stepping out of the shower near a window with a view outside? If you didn't, you probably committed a sex-crime. Did you take a second dose of Tylenol before 4 hours was up? The list goes on and on.
As I said before, in most states, traffic violations such as speeding are not arrestable. Many states do allow an arrest, however, if the driver refuses to sign the citation.

You are wrong about the threshold for driving under the influence of controlled substances in Illinois. In fact, the statute is very clear. 625 ILCS 5/11-501 only criminalizes it if the driver is under the influence "to a degree that renders the person incapable of safely driving".

Second, I have curtains in my bedroom. I don't think my neighbors need to see my "naughty bits".

And, finally, there is no crime committed if you take excessive amounts of Tylenol. The labeling is regulated by the FDA, but not the way you decide to take it.
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Old Jun 25, 2009, 4:58 pm
  #177  
 
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Originally Posted by Deeg
For what it's worth, marijuana is still illegal to possess in Washington State. And California, and New Mexico, and everywhere else in the United States. It's a federal crime, regardless of state laws.
But then the question shifts to "Do the feds have the authority to write and enforce those laws?" I say they do not. However I still chose not to partake.
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Old Jun 25, 2009, 5:01 pm
  #178  
 
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Originally Posted by Deeg
In my moral system, there is right and wrong. Something illegal is almost never right. Legality is a starting point for morality.
Umm....no.

Laws are based on morality, not the other way around.
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Old Jun 25, 2009, 5:01 pm
  #179  
 
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Originally Posted by Combat Medic
But then the question shifts to "Do the feds have the authority to write and enforce those laws?" I say they do not. However I still chose not to partake.
Seriously? You don't feel the federal government has the authority to make and enforce drug laws? Good thing the Supreme Court disagrees!
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Old Jun 25, 2009, 5:07 pm
  #180  
 
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Originally Posted by Deeg
Seriously? You don't feel the federal government has the authority to make and enforce drug laws? Good thing the Supreme Court disagrees!
Seriously.

It isn't an enumerated power so the feds do it under Interstate Commerce even when everything stays within the same state.

But then, laws are just for the peasants.
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