Pubdate: Tue, 09 Nov 2010 Source: Cavalier Daily (U of VA Edu) Copyright: 2010 The Cavalier Daily, Inc. Contact: http://www.cavalierdaily.com/ Details: http://www.mapinc.org/media/550 Author: Austin Raynor, Columnist Bookmark: http://www.mapinc.org/topic/Proposition+19 UP IN SMOKE Despite the Rejection of Proposition 19 in California, the Prohibition of Marijuana Remains an Indefensible Policy On Tuesday, California voters rejected Proposition 19, which would have legalized the cultivation and possession of small amounts of marijuana for personal use. The proposition presented a tremendous opportunity to help reverse an expensive and paternalistic policy that has decimated state and federal budgets, spurred the growth of gangs and drug cartels and imprisoned millions of Americans for a harmless recreational activity. But Proposition 19, despite its defeat at the polls, was not a total failure. Legalization of marijuana has been transformed, in the public's eyes, from a subject of mockery to a legitimate policy possibility. According to a Gallup poll, 46 percent of Americans now favor marijuana legalization, up from 31 percent in 2000. From a libertarian perspective that favors social and economic freedom, the overt paternalism of the "war on drugs" renders the policy indefensible. The choice to use marijuana recreationally in the privacy of one's home does not infringe on the rights of others; it is a victimless crime. The government should not interfere if someone wants to smoke a joint in his home. Opponents of legalization point to the allegedly harmful effects of marijuana to justify prohibition. The government, however, should not have the authority to dictate individual health choices. If the government had such authority, it would immediately attack the number one health problem in America: obesity. If government is responsible for individual health choices, it should mandate daily exercise classes, enforce healthy diets and ban fast food. Perhaps it might consider 15-year sentences suitable for possession of unhealthy contraband, like french fries. That most Americans would, justifiably, view such proposals as absurd and tyrannical parallels public indictment of the war on drugs. But the analogy becomes starker when one considers that marijuana use is, in fact, far less harmful than a plethora of common habits. In fact, unlike most drugs, overdosing on marijuana is virtually impossible. Additionally, WebMD recently reported that, contrary to government propaganda, marijuana use does not increase the risk of lung cancer. Although the underlying reason for this is unclear, experts say tetrahydrocannabinol, or THC -- a key chemical component of marijuana with anticancerous properties -- could be the answer. But whether marijuana is healthy or not is, ultimately, beside the point. Responsibility for one's life -- one's career choice, one's health, one's recreational activities, one's choice of spouse -- lies with the individual. It is usurpation on the part of government to meddle with personal decisions that do not infringe on other's rights. Legalizing marijuana does not preclude sensible regulation. The government could still prohibit participation in dangerous activities, such as driving or operating machinery, while under the influence of marijuana. Minors could still be banned from using marijuana. In short, many of the same regulations currently applied to alcohol could also be implemented with marijuana. The costs of our current policy, moreover, are high. Spending on drug prohibition for all levels of government exceeds $50 billion annually. Still, more than 40 percent of Americans have used marijuana. Furthermore, the direct costs of prohibition do not include the ballooning state and federal government prison budgets, a large percentage of which is driven by the drug war. After all, 55 percent of federal prisoners and 20 percent of state prisoners are locked up for drug offenses. More than 800,000 Americans are arrested for marijuana offenses each year and 5 million have been taken into custody during the past decade. Sentences for those convicted of marijuana felonies are comparable to those imposed on individuals convicted of aggravated assault. This is unconscionable. Taxpayers are spending billions of dollars a year to arrest and prosecute non-violent offenders who have made a poor health decision and billions more to incarcerate these individuals for hurting themselves. That is twisted. The list of drug war abuses and injustices is enormous. Also, enforcement is racist: Blacks comprise 13 percent of drug users, but account for 59 percent of drug convictions. Motivations underlying most prohibition proponents are corrupt; prison guards and police officers lobby to keep their jobs persecuting marijuana users and private prison systems fight to increase mandatory minimum sentences to increase demand for their services. Prohibition enforcement encourages police militarization. SWAT-style raids on people's homes for even small amounts of marijuana occur more than 100 times a day. Each party's cowardice on this issue is an inexcusable abdication of its most fundamental principles. Where are the Democrats? The values of privacy and respect for the lifestyle choices of cultural subgroups are under assault. Racist enforcement trends that result in disproportionate imprisonment of black males are destroying the fabric of black society. Where are the Republicans? The principles of limited government and individual autonomy are abused and infringed by the war on drugs. The drug war is a fiscal drain and a moral tumor. Those who seek merely to be free do not bear the burden of proof to justify their position. This burden instead rests with those who would employ the coercive power of government to punish peaceful citizens for a recreational activity. - --- MAP posted-by: Richard Lake