Former Senator Alfonse D’Amato (R-N.Y.) said there is merit to the idea of legalizing marijuana on Monday, a surprising statement from a law-and-order Republican who once tried to ban any dietary supplement that makes you happy.

In 1995, then-Senator D’Amato introduced legislation to classify any “dietary supplement that claims to produce euphoria, heightened awareness or similar mental or psychological effects” as a drug. The legislation’s intent was to combat the popularity of ephedrine-based herbal supplements by banning them, the same logic he applied to marijuana prohibition as an ardent supporter of our current laws.

D’Amato now appears to have changed his position, telling Howard Stern on Monday “there’s some merit to” the idea of legalizing marijuana. If only he had come to that conclusion while he had the power to do something about it.

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