The first thing we should say about Senate Majority Leader Chuck Schumer's marijuana legalization bill, which the New York Democrat finally filed today, more than a year after sharing a discussion draft, is that it will not pass. With the Senate evenly divided, Schumer needs Republican support to overcome a filibuster, which he has done little to attract. He can't even count on unanimous support from his fellow Democrats, at least a few of whom are apt to be leery of his specific approach, if not altogether opposed to repealing the federal ban on marijuana.
What is Schumer's approach? Last July, I criticized his 163-page discussion draft as excessively complicated, burdensome, and prescriptive. I said it was "larded with new taxes, regulations, and spending programs that seem designed to alienate Republicans who might be inclined to support a cleaner bill on federalist grounds." The same is true of the new, supposedly improved version, but more so.
