Pubdate: Fri, 21 Jan 2005 Source: Daily Athenaeum, The (WV Edu) Copyright: 2005 The Daily Athenaeum Contact: http://www.da.wvu.edu/ Details: http://www.mapinc.org/media/763 Author: Charlie Wade, Staff Columnist Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) MARIJUANA LAWS A MATTER FOR THE STATE Marijuana has long been demonized in American society, thanks largely to Harry Anslinger, Federal Narcotics commissioner in the 1930s. In 1933, Anslinger began a war against marijuana, using racial fears, among others, to convince the public that marijuana was a "killer weed," responsible for cases of insane violence with little evidence to back up his claims. As a result, 46 of the then 48 states passed anti-marijuana legislation, and reefer began the path toward illegality that culminated with the Controlled Substances Act of 1970, a federal act outlawing marijuana possession. Many states have different attitudes toward marijuana, noticeable in disparity of the penal aspect. In Mont., a first offense selling a pound of marijuana can bring a life sentence; in New Mexico, a first offense of selling 10,000 lbs. of marijuana can draw a three-year sentence. Possession of less than an ounce in N.Y. will earn a fine, whereas the same in Nevada is considered a felony. Such disparity in the rules raise s questions about the necessity of a federal law banning use and possession. In recent years, there has been a movement to allow use of marijuana for medical purposes, and several states have discussed the possibility of legalizing the drug for such reasons. Advocacy groups such as the National Organization for the Reform of Marijuana Laws have pressured these states to reform. This is not the first time there has been popular support for decriminalization of marijuana. In the 1970s, 11 states legalized possession of small amounts. Interestingly, there was no noticeable increase in marijuana use and the usage rate in these states was on par with that of other states where it remained illegal. Unfortunately, there is a federal ban on the possession of marijuana which is unlikely to be overturned any time soon. Unfortunate, because there is evidence that marijuana can be effective in dealing with glaucoma, arthritis and other problems, yet the government retains the paranoia born of the Great Depression and enhanced by propagandist art such as the movie "Reefer Madness." Of course, a significant fraction of the population is in favor of a marijuana ban, making a federal law legalizing it dicey. But if the federal government were to eradicate the ban and leave it up to the states, a peaceful solution would be possible. If this would happen, there would be many states where marijuana would remain illegal, prompting outcries from the hippies in such states. But they can move to a state where it is legal if it is so important. Not everyone would be happy if it were to be legalized, but this would be a definite improvement over current big government legislation. It would be more in line with the original ideals of this nation as a union of individual states. - --- MAP posted-by: Jo-D