Marijuana, gay marriage not sure things

Gay marriage and legalized marijuana are the wave of the future, right?

Well, maybe or maybe not. And it's not just because of the results of Tuesday's mid-term election.

Since the Supreme Court struck down part of the Defense of Marriage Act in 2013, a number of state bans on gay marriage have been struck down.

But now the 6th Circuit Court of Appeals in Cincinnati overturned lower court rulings against bans in Michigan, Ohio, Tenness and Kentucky, voting 2-1 that the issue should be settled through the democratic process and not the judicial.

One wonders why the same principle should not be applied to other issues, such as abortion.

The gay marriage issue will doubtless end up in the Supreme Court.

We're not sure how, but the marijuana issue is bound to wind up in the high court as well, despite three more states legalizing its recreational use in Alaska, Oregon and the District of Columbia.

Alaska and Oregon will set up regulated cannabis systems similar to Colorado and Washington, but D.C. voters favored a non-commercial system which legalizes the growing and possession of small amounts of marijuana.

But legal marijuana dealers in Colorado and Washington are finding a major obstacle in the form of the IRS.

A federal tax code amendment from the War on Drugs days, Section 280E, specifically denies tax credits or exemptions to businesses "trafficking" in controlled substances, which the federal government still considers marijuana to be.

As a result, some pot businesses are paying as much as 90 percent of their revenue in federal taxes.

Many potential marijuana businesses are staying out of the industry as a result, and many of those that try it are going out of business within a year a two as a result of the tax.

It will be interesting to see how the Republicans who now control Congress will respond to both issues -- will social conservatism, free market advocacy or simple political pragmatism carry the day?