Judge Andrew Napolitano stopped by Fox Business Network to discuss the recent decisions by Colorado and Washington voters to legalize marijuana for recreational use.

As Napolitano explained, “The federal government prohibits all use and possession of marijuana for all purposes,” which conflicts directly with the legalization efforts voted on by Colorado and Washington. However, the Justice Department can still use their discretion to

close new marijuana distributors in these states or simply leave them alone — a practice which Napolitano finds arbitrary.

“Why shut them down in California and permit them in New Jersey? Who knows?” he remarked, referring to the Justice Department’s past efforts to shut down (or not shut down) state-sanctioned medical marijuana dispensaries in Oakland, San Francisco and Montclair.

When asked whether embracing more Libertarian views on marijuana will help the Republican Party in future elections, the judge said it might, explaining that they would also need to expand their base among minority voters and young voters.

“I actually think these are times that call for more freedom, rather than less,” Napolitano later commented, “and that this ‘live and let live’ would be more popular today than it was in Reagan’s era.”

Watch the judge’s entire segment below.