Pubdate: Thu, 04 Mar 2004 Source: Daily Lobo (U of NM, Edu, NM) Copyright: 2004 Daily Lobo Contact: http://www.dailylobo.com/ Details: http://www.mapinc.org/media/766 Author: Richard "Bugman" Fagerlund Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) Bookmark: http://www.mapinc.org/opinion.htm (Opinion) Bookmark: http://www.mapinc.org/johnson.htm (Johnson, Gary) COMMON SENSE DRUG LAWS NEEDED Last year the Supreme Court rejected an appeal that would have prevented physically ill patients from smoking pot if they get a doctor's recommendation. The Justices turned down the Bush administration's request to consider whether the federal government can punish doctors for recommending or perhaps even talking about the benefits of the drug to sick patients. An appeals court said the doctors cannot be punished and the Supreme Court affirmed that decision by refusing to take the case. Nine states have laws legalizing marijuana for patients with physician recommendations or prescriptions: Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington, and 35 states have passed legislation recognizing marijuana's medicinal value. But archaic federal laws ban the use of pot under any circumstances. We have to consider the ramifications of this decision. Basically the Supreme Court affirmed that marijuana, under strict guidelines, could be considered medicinal in some cases. This is a major victory for sanity in this country. Alcohol and cigarettes, both perfectly legal and quite addictive, have never been prescribed in a medicinal way. Has anyone ever heard of a doctor recommending smoking a pack of cigarettes or drinking a six pack of beer for a health problem? It is interesting that using marijuana can be considered medicinal in some cases and a felony in others, typical bureaucratic logic. Politicians have made marijuana illegal based on private prejudices rather than good science. Should the use of marijuana be legalized (decriminalized)? Let's examine some facts: In 1999, 46 percent of the 1,532,200 total arrests for drug abuse violations were for marijuana - a total of 704,812. Of those, 620, 541 were arrested for possession alone (Federal Bureau of Investigation, Uniform Crime Reports for the US 1999). This statistic would seem to suggest why our prisons are so overcrowded. The decriminalization of marijuana would free up cell space for violent and repeat offenders who need to be off the street. More than 76 million Americans have admitted trying marijuana. This is about one-third of the adult population. (Summary of Findings from the 1999 National Household Survey on Drug Abuse.) Imagine the effect on our courts and prisons if one-third of the population was arrested for marijuana use. In 1999, the congressionally chartered Institute of Medicine examined the "gateway theory" and determined, "There is no conclusive evidence that the drug effects of marijuana are casually linked to the subsequent abuse of other illicit drugs" (Joy, et al, 1999, Marijuana and Medicine: Assessing the Science Base, Division of Neuroscience and Behavioral Research, Institute of Medicine.) This is a favorite argument for the politicians who are against decriminalization. They were wrong, and they will continue to be wrong if they keep saying marijuana users become addicted to hard drugs. A presidential commission also found, "A careful search of the literature and testimony of the nation's health officials has not revealed a single human fatality in the United States proven to have resulted solely from ingestion of marijuana. This is a marked contrast to other substances in common use, most notably alcohol and barbiturate sleeping pills." (Shafer, et al. Chap. V.) Between 1973 and 1978, 11 states reduced the offense of possession of less than 1 ounce of marijuana to a civil violation, with a maximum penalty of a $100 fine. Studies concluded that "Marijuana decriminalization had no significant impact on rates of use, but substantially reduced the social costs associated with the enforcement of marijuana laws." (Single, E., 1999, The Impact of Marijuana Decriminalization: An Update, Journal of Public Health Policy, Winter). Hopefully, other states will follow the example of the 11 states mentioned above, and the federal government will not find it necessary to meddle in states' rights when it comes to this subject. What does this all mean? Simply, that our politicians need to have the courage of their convictions as former Gov. Gary Johnson had, and not pay attention to the rhetoric of people who have no knowledge of this subject but base their positions on opinions alone. The good news is that there are courageous politicians who put principles before politics. The bad news is that there are not enough of them in elective offices at this time. I am sure it is only a matter of time before the Bush administration supports a constitutional amendment declaring a union between a man (or woman) and a joint unconstitutional. Meanwhile, tobacco, which will kill you if used as directed, will remain constitutionally protected. There is no doubt in my mind that alcohol abuse is far more insidious than marijuana use. A drunk driver killed my wife 14 years ago. Had that vile little troll been smoking pot instead of being drunk, he wouldn't have killed her. - --- MAP posted-by: Larry Seguin