Pubdate: Mon, 06 Feb 2012
Source: Time Magazine (US)
Copyright: 2012 Time Inc
Contact:  http://www.time.com/time/magazine
Details: http://www.mapinc.org/media/451
Author: Adam Cohen
Note: Cohen, the author of Nothing to Fear, teaches at Yale Law 
School. The views expressed are solely his own.  Cohen is the author 
of Nothing to Fear: FDR's Inner Circle and the Hundred Days that 
Created Modern America

Case Study

LEGAL RECREATIONAL MARIJUANA: NOT SO FAR OUT

With medical marijuana now available in 16 states, decriminalizing 
pot for recreational use could be around the corner

The drive to legalize marijuana has long been a fringe cause, 
associated with hard-core libertarians and college-age stoners. But 
it could go mainstream in a big way in this November's election, when 
Washington could become the first state to legalize recreational pot 
use. If it does -- or if voters in any of several other states do -- 
this year could be a turning point in the nation's treatment of marijuana.

The idea that a majority of voters could support legalizing marijuana 
may seem far out -- but the polls say otherwise. In many states, the 
prolegalization and antilegalization camps are roughly equal in size. 
In a poll of Washington state voters released last month, supporters 
of the legalization referendum outnumbered opponents: 48% vs. 45%. 
And Washington probably won't be the only state voting on marijuana 
this year. In Colorado, supporters last week fell about 3,000 
signatures short of getting a legalization measure on the ballot -- 
but the law gave them 15 days to collect the rest, and it seems 
likely they will. Activists are also collecting signatures in other 
states, including California, Michigan and Montana.

For years, the debate over marijuana has been focused on a narrower 
question: medical marijuana. The argument that cancer patients and 
others with chronic pain should be able to alleviate it by using 
marijuana has been prevailing in state after state. Today, 16 states 
- -- including Washington and Colorado -- and the District of Columbia 
have legalized marijuana for medical purposes.

Recently, the action has shifted to recreational marijuana use. 
Washington's referendum would treat pot much like alcohol, so the 
sale of marijuana would be restricted to people over 21. The new law 
would give the Liquor Control Board the authority to license 
marijuana farms, and marijuana tax revenues would be directed to 
health and drug-abuse prevention programs.

But other states' proposed laws are more laissez-faire. Colorado 
would legalize marijuana so that, as its supporters put it, cannabis 
would be regulated like "grapes, tomatoes or other harmless botanical 
plants." Montana's amendment focuses on decriminalizing marijuana but 
leaves it to the legislature to work out the details.

Supporters argue that legalization is long overdue. They argue that 
it is no more harmful than alcohol or tobacco -- and that in a free 
country people should be able to decide on their own whether to use 
it. They also argue that, as a practical matter, laws against 
marijuana have been no more successful than Prohibition was against 
alcohol -- and that, similarly, it has given criminals a monopoly on 
distributing and selling it. Legalization, they say, would reduce the 
number of people in prison, and it would shift revenue from drug 
syndicates to government in the form of tax receipts.

Not surprisingly, the legalization drives have drawn heated 
opposition. Critics argue that marijuana is harmful and addictive -- 
and that it is often a gateway drug, leading to cocaine or heroin. 
They say stoned drivers would be a menace on the roads. And they warn 
that if it were legalized, and readily available, marijuana use could 
soar. (The University of Michigan's "Monitoring the Future" survey 
reported that daily marijuana use is already at a 30-year high among 
high school seniors, even as alcohol use has been declining.) The 
anticamp also argues that marijuana is stronger than it was decades 
ago -- from two to 10 times stronger, some experts say. (Other 
experts dispute the figures.)

If Washington or some other state legalizes marijuana, that would not 
settle the matter. It would still be a controlled substance under 
federal law. And the U.S. Constitution's Supremacy Clause says that 
when federal and state laws clash, federal law trumps. As a practical 
matter, though, the federal government does not have the resources to 
police everyday use of marijuana. If states begin to legalize it, the 
federal government might be hard-pressed to justify diverting limited 
Drug Enforcement Agency resources away from heroin cartels toward 
small-time pot smokers.

It is hard to handicap this year's voting, but one possibility is 
this: marijuana legalization could lose in Washington and Colorado in 
November, but recreational use could nonetheless be headed toward 
legalization in many states in the not-too-distant future. Support 
for legalization has been rising steadily, from just 12% in 1970 to 
31% in 2001 to 50% today, with young people (ages 18-29) the most in 
favor (62%) and older people (ages 50-64) the least (49%).

In strictly political terms, this is a powerful combination: 
fast-growing support and solid majorities among the young, who 
represent where the electorate is headed. (Support for gay marriage 
polls similarly -- which is why it is becoming law in more states.) 
In a few years, the national discussion may well turn from whether to 
legalize marijuana to how to do it in the most prudent way.
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MAP posted-by: Jay Bergstrom