Pubdate: Thu, 24 Apr 2008
Source: Daily Targum (Rutgers, NJ Edu)
Copyright: 2008 Daily Targum
Contact:  http://www.dailytargum.com/
Details: http://www.mapinc.org/media/715
Author: Charlie Kratovil
Note: Charlie Kratovil is a Rutgers College senior majoring in 
journalism and media studies. He can be heard every Tuesday night at 
9 p.m. on HearNewBrunswick.com. His column runs alternate Thursdays.
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)

BACKWARDS LAWS HURT NEW JERSEYANS

Those who use marijuana in New Jersey are at a severe disadvantage 
due to our backward laws regarding the widely used illegal 
psychoactive substance in the country, according to cannabis.net. It 
seems our legislators have other priorities, which may be more 
important, but the fact is that New Jersey punishes its own residents 
with outdated anti-pot laws.

As other nations, states and municipalities have begun to 
decriminalize or legalize the substance, New Jersey leaves its own 
residents and visitors to shoulder a far more significant burden 
should they be caught with weed. As a result, New Jerseyans are left 
with fewer options and greater problems for using a drug many 
consider to be far less harmful than alcohol, according to progress.org.

Recently, Denver, Colorado became the first major city in the United 
States to decriminalize possession of the drug, thanks to the efforts 
of a group that helped get a citywide ballot question secured. The 
group, Safer Alternative for Enjoyable Recreation, also purchased 
advertising promoting the argument that pot is a safer alternative to 
alcohol use and abuse. The group itself was, in fact, started in 
response to the alcohol overdose deaths of a Colorado State 
University sophomore and a University of Colorado freshman.

Great controversy erupted over the ballot question, but the voters 
approved by a 54-46 margin the decriminalization ordinance, which 
permitted up to one ounce of marijuana possession for adults over 21. 
But state and federal law continues to trump the will of the city's voters.

Under state law, local police were still permitted to arrest and 
charge marijuana possessors as they always had. It was hoped, 
however, that in the same way police may let a speeder off with a 
warning, they would do the same for marijuana possession. 
Unfortunately, marijuana arrests actually increased significantly in 
Denver after the ballot question passed. So SAFER went back to work 
securing another ballot question last November making private adult 
marijuana possession officially Denver's lowest law enforcement 
priority. This initiative passed 57-43.

Much to the chagrin of SAFER, arrests for possession continued to 
increase last year. Since 2004, the year before the first initiative 
passed, arrests have increased by approximately 50 percent. There 
are, no doubt, several state, city and federal laws that are much 
lower on the Denver PD's radar than weed. Unfortunately, it seems 
that the establishment's views are not congruent with the voters' 
decision to make it their lowest priority, as they seem to be 
elevating it to a higher priority. So perhaps there is little that 
individual municipalities and their voters can do to change the way 
these laws are applied. States, on the other hand, have significant 
ability to affect the charging and prosecution of marijuana offenders.

Some states have drastically lowered the penalties for marijuana 
possession, and, contrary to the worst fears of conservatives 
everywhere, they have failed to turn into lawless wastelands of 
hippies and addicts. In fact, in the State of New York, the penalty 
for possessing up to 25 grams of marijuana is a mere $100 civil 
citation, according to the National Organization for the Reform of 
Marijuana Laws Web site. Second offense is $200. Ooooh, I'm shaking 
in my boots. California has similar penalties on the books, as well 
as a burgeoning medical marijuana industry. Some locales in sunny 
California have even removed all penalties for possession or cultivation.

But under New Jersey state law, possession of .001 to 50 grams can be 
punished by up to a $1,000 fine and six months in jail! Even if the 
defendant were able to negotiate a good deal in court, they'd still 
be up a creek without a paddle. Excluding the cost of an attorney, 
defendants would have to pay an average of $800 or more to the state, 
in addition to having to complete one year probation so that they do 
not have the charge on their permanent record. If a defendant should 
fail to complete probation, who knows what horrible legal problems 
they will be stuck with, not to mention the detriment to future 
employment. Again, on the other side of the Hudson, an offender would 
have received only a $100 ticket. This is not a new thing by the way: 
New York began to decriminalize pot in 1977, according to stopthedrugwar.org.

Courts in New Jersey are packed with simple marijuana offenses, and 
they waste the time of our law enforcement agencies and legal 
systems, which in many areas are already understaffed. The greatest 
injustice seems to be done to those who the system convicts outright. 
With a permanent blemish on their criminal history that reads 
"possession of a controlled dangerous substance," defendants will be 
forced to explain this conviction at every future job interview. 
Furthermore, they are making it significantly harder for these people 
to find any job whatsoever, making it more likely that they will 
instead choose to sit around and use more drugs.

Keeping opportunities out of reach of ex-offenders has been proven 
time and again to ensure that they follow the same path that got them 
into legal trouble. It is a disservice to New Jerseyans that our 
state leaders have refused to revisit these harsh penalties. And 
furthermore, it is a disservice to the American people that our 
federal government continues to attempt to fight a losing war against 
recreational users of a drug proven to be less detrimental to one's 
health than cigarettes and alcohol (according to marijuanafacts.org 
and progress.org), both of which are multi-billion dollar industries 
employing tens of thousands.

So long as the feds continue to fight against legalized marijuana, 
this multi-billion dollar industry will remain under the control of 
gangs and criminals. The alternative is clear: Let people buy it at 
Rite-Aid or Krauszer's, and allow our economy to benefit from the 
marijuana industry via taxation. I would much rather pay a premium to 
the government for a regulated, safe and legal bag of pot than pay 
the same or a higher premium so that some drug dealer can buy guns to 
protect his stash or sneak harder drugs across the border. I think 
most potheads would agree.
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MAP posted-by: Richard Lake