Our state Constitution guarantees Hawaii’s citizens a right to liberty. To pass any law restricts liberty — therefore, the burden is placed on the state. The default position is that citizens can do whatever we want, so the proofs must come from those wishing to restrict us.

When it comes to the issue of legalizing marijuana, the burden should be higher than the flimsy excuses suggested by the anti-marijuana advocates and this newspaper’s recent editorial (“Don’t legalize recreational pot,” Our View, Feb. 8). This is not an issue of tax revenue, but of the fundamental rights of Hawaii’s people.

Even if we accept the long list of fears spread about marijuana use, it is no more dangerous than many other activities currently legal. Surfing, diving, hang-gliding, high school football, crossing the street — to name just a few examples — are all legal. We live in a world of accepted risks. Many people, despite threats of jail and dangers, have accepted the risks of marijuana use. This is their right, and not up to others to curtail.

And we shouldn’t accept the false fears spread about marijuana use.

Nonsense reports of “reefer madness” were spread from the time marijuana was first made illegal in the late 1930s. Racial issues aimed at Mexicans and later blacks contributed to a fear campaign, as did businesses with a vested interest in preventing the use of industrial hemp. Contradictory facts came to light in the 1960s. Instead of legalizing marijuana, the administrations in office at the time decided that they didn’t like the sorts of persons using this drug. Hippies and war protestors were the “enemies” and their marijuana use became a means to attack them.

Since then, the federal government has spent millions of dollars to promote what marijuana advocates consider to be junk science. Each new set of nonsense claims challenges pro-marijuana people with the burden to rebut: We are told that marijuana must be “proved safe” — which we think is illogical, so we have been caught in this limbo for years.

The Star-Advertiser’s editorial and others say marijuana would continue to be illegal under federal law, so if marijuana is legalized here, Hawaii’s laws could be “pre-empted.” But our state attorney general could challenge federal law. Joining with other states, we could ask the U.S. Supreme Court to revisit the Gonzales v. Raich decision of 2005 that allowed the supremacy clause to be utilized on an activity that few would argue has to do with “interstate commerce.”

When Colorado went legal with marijuana, we heard about fatalities from the edibles. The fact is the fatalities were of dogs who ate chocolate containing marijuana — but chocolate is toxic in dogs. We also heard about a New Zealand study claiming marijuana use harmed the brains of teens, which was quickly challenged by some. But with millions of dollars in grant money aimed at showing harms, more questionable research continues.

Recently we heard that 22 percent of Hawaii auto fatalities involved drivers who tested positive for marijuana use. Since evidence of marijuana use remains in the body for up to a month, this statistic shows no evidence of it causing impairment at the time of the accident. It is just another example of dubious evidence promoted to create fear.

How many falsehoods need to be disproved before folks start doubting those who spread them?

Tracy Ryan chairs the Libertarian Party of Hawaii.