Anyone familiar with the [war on] marijuana laws in America over the past three decades knows that it’s been one strange trip indeed. Sometimes, I expect to most, it seems as though the draconian laws [as a result of the sustained faux "war on drugs"] come straight from the Brothers Grimm.
It's time to declare war on the government's prohibitive, counterproductive stance on drugs -- specifically on marijuana. The war on pot isn't working for anyone outside of the prison industry and those politicians on their corporate payroll.
U.S. Drug laws are draconian to say the least.
As prime example, don't even think about getting busted for marijuana in Oklahoma. A first time conviction for minor pot possession there can net you up to one year in jail, or up to ten years if you're found guilty of a second offense. Thinking of growing your own? Don’t get caught; if you do it’ll cost you a hefty $20,000 fine, and -- oh yeah -- anywhere from two years to life in prison.
That’s not a typo, folks. -- Life. In. Prison.
In 2006, marijuana possession arrests in America were up to 739,000 – and that’s just possession of small amounts – there were also 91,000 marijuana-related felony arrests. And, believe it or not, the cost to U.S. taxpayers was a jaw-dropping $1 billion annually. So, what’s the current price for a bag of weed? Well, given the above figures, you can try to do the math (you’re a better person than I am) but, let’s just say that the aforementioned figures are the highest annual totals ever recorded in the U.S., and are nearly twice the number of marijuana arrests just fifteen years ago.
That’s 1993, people. How is that possible? (I was smokin’ like a chimney back then but... that's another story altogether. ;-) )
But seriously though, a whole array of potentially nasty consequences awaits those arrested in the U.S. for buyin’, sellin’ or smokin’ pot in 2008. I already touched upon Oklahoma’s draconian laws but thankfully, not all states are quite so severe. For example, the majority of the time, Californians charged with violating the state's pot possession laws face little more than a small fine.
By contrast, getting busted with a pinch of weed in Ohio will cost you your driver's license for at least six months. And, avoid getting’ caught in Texas if at all possible. (I guess it’s close enough to Oklahoma for some of the "draconian" thingy to rub off on 'em) In the Lone Star State you're looking at a criminal record and up to 180 days in jail – Or -- if you happen to be a first-time’r, you might get lucky and end up on the docket of a lenient judge and get sentenced to a stint in court-mandated 'drug rehab' or even probation.
Oh, and don’t forget the hefty legal bill.
A recent study reported that almost 70% of all adults referred to Texas drug treatment programs for weed were referred by the courts.
The story written by Senior Policy Analyst for the NORML Foundation in Washington DC. Paul Armentano appears @ AlterNet:
Of course, not everyone busted for weed receives jail time. But that doesn't mean that they don't suffer significant hardships stemming from their arrest -- including (but not limited to): probation and mandatory drug testing, loss of employment, loss of child custody, removal from subsidized housing, asset forfeiture, loss of student aid, loss of voting privileges, and the loss of certain federal welfare benefits such as food stamps.
And yes, some offenders do serve prison time. In fact, according to a 2006 Bureau of Justice Statistics report, 12.7 percent of state inmates and 12.4 percent of federal inmates incarcerated for drug violations are incarcerated for marijuana offenses. In human terms, this means that there are now about 33,655 state inmates and 10,785 federal inmates behind bars for violating marijuana laws. (The report failed to include estimates on the percentage of inmates incarcerated in county jails for pot-related offenses.)
In fiscal terms, this means that taxpayers are spending more than $1 billion annually to imprison pot offenders.
Yet this billion dollar price tag only estimates the financial costs on the 'back end' of a marijuana arrest. The criminal justice costs to taxpayers -- such as the man-hours it takes a police officer to arrest and process the average pot offender -- on the 'front end' is far greater, with some economists estimating the financial burden to be in upwards of $7 billion a year. Naturally, as the annual number of pot arrests continues to increase (according to the latest FBI data, marijuana arrests now constitute 44 percent of all illicit drug arrests), these costs are only going to grow larger.
You’d think there’d be a better way, wouldn’t ya? Well, actually there is but it’s an alternative not particularly palatable to the managers of this "war on drugs reason" even though it would certainly eliminate a whole lot of human [and financial] sufferance. And who knows, it might even do wonders for the retrogressive; growingly oppressive relationship that law enforcement shares with the citizenry these days.
'Decriminalization,' as first recommended to Congress in 1972 by President Nixon's National Commission on Marihuana and Drug Abuse, called for the removal of all criminal and civil penalties for the possession, use, and non-profit distribution of cannabis. Such a policy, if adequately implemented, would eliminate the bulk of the human and fiscal costs currently associated with enforcing pot prohibition.
A second option, 'regulation,' would also significantly slash many of society's prohibition-associated fiscal and human costs. Legalizing the commercial sale and use of cannabis in a manner similar to alcohol, with state-mandated age controls and pot sales restricted to state-licensed stores, could also potentially raise billions of added dollars in tax revenue while simultaneously bringing an end to the more egregious and adverse black-market effects of the plant's criminalization -- such as the production of pot by criminal enterprises and its clandestine cultivation on public lands.
Now, we’d be fooling ourselves if we thought either of those recommendations were a cure-all. In a roundabout way, decriminalization might even encourage marijuana use in the short term. And, regulation could have mixed results where black-market sales are concerned. But, they’re both worthy of a try, in my humble opinion. Nearly anything’s better than the status quo.
Since 1990, law enforcement in this country has arrested more than 10 million Americans on marijuana charges, which, by the way, is more than the entire population of Los Angeles County. But, the paradox here is that with that many arrests, both pot production and use should have dropped substantially nationwide. Neither has happened. In fact, according to federal numbers, both production and use are rising. Why is that? Why would Congress and President Nixon not only ignore the logical recommendations of the commission but turn around and do the exact opposite?
Hmm, I don’t even have to put on my tinfoil hat to realize that there’s been some ulterior motives going on in America for the last thirty-five years. But, that's yet another story.
And, while we’re talking about it; what in da hell have we been doing down in Colombia for decades? We’ve been spending billions of dollars to fight the production of cocaine there and apparently, we’re just spinning our wheels. Those billions haven’t done the least bit to reduce the amount of cocaine and other drugs coming into this country every single day.
But as for solutions, Mr. Armentano says it better than I ever could:
Isn't it time we began looking at ways to address the marijuana issue that move beyond simply arresting and prosecuting an inordinate amount of otherwise law-abiding Americans? Or must we wait until another 10 million citizens are arrested before our state and federal politicians find the courage to begin this discussion?
Please, support NORML and other marijuana reform organizations like Change the Climate, Inc., the Marijuana Policy Project, and of course the ACLU.
Oh, I'd be remiss to not mention the many interesting and insightful articles about marijuana written by Paul Armentano @ AlterNet.
Peace