Pubdate: Wed, 07 Nov 2012
Source: Daily Toreador, The (Texas Tech, TX Edu)
Copyright: 2012sDaily Toreado
Contact: http://www.dailytoreador.com/home/lettertotheeditor/
Website: http://www.dailytoreador.com/
Details: http://www.mapinc.org/media/3949
Author: Katie McKee

MONUMENTAL DECISIONS: LEGALIZING MARIJUANA

What began as tolerance for medicinal marijuana in a few states 
transformed into legalization of recreational marijuana on Election Day.

According to the Drug Policy Alliance website, Colorado and 
Washington became the first states and political jurisdictions in the 
world to allow for the regulation, taxation and control of marijuana.

According to Politco, 54.8 percent, or 1,289,748 voters, approved the 
referendum while 45.2 percent, or 1,063,282 voters, rejected it in 
Colorado. In Washington, 55.4 percent, or 1,056,355 of voters, 
approved it while 44.6 percent, or 848,919 voters, voted against it.

Oregon also voted on the issue, but rejected it by 54.5 percent, or 
842,109 voters, while 45.5 percent, or 702,757 voters, approved the 
legalization of the substance.

Ethan Nadelmann, executive director of DPA, which helped build 
coalitions and raise funds in support of legalization, said the 
passage was a triumph.

"The victories in Colorado and Washington are of historic 
significance not just for Americans, but for all countries debating 
the future of marijuana prohibition in their own countries," 
Nadelmann said in a news release. "This is now a mainstream issue 
with citizens more or less divided on the issue, but increasingly 
inclined to favor responsible regulation of marijuana over costly and 
ineffective prohibitionist policies."

Marijuana will be sold to those 21 years old and older who have a 
valid ID. It will be treated the same as alcohol, Art Way, a senior 
drug policy manager for DPA in Colorado, said.

However, the legalization of marijuana for recreation will not take 
place in Colorado until the Department of Revenue has created a 
detailed system for the manufacture and distribution, he said.

In Colorado, marijuana will be available for recreational use 
beginning early 2014, which Way said was a grace period to get the 
detailed system in place.

Way said the prohibition of marijuana was comparable to the 
prohibition of alcohol in the 1920s.

"The selective enforcement surrounding alcohol prohibition is similar 
to the selective enforcement of marijuana prohibition," he said. 
"When you prohibit a commonly used substance, you create an 
underground and often (a) violent black market."

The benefits, Way said, include saving money on law enforcement and 
jail costs while producing revenue through the high taxation of the 
substance and making the substance harder to access for those younger 
than the age of 21 years old.

Way said he estimates Colorado will bring in $120 million in revenue.

Once the system is established and running, he said he estimates 
between $60 million and $80 million will be raised from tax revenue.

According to the Associated Press, Colorado will use the tax revenue 
first for school construction while Washington would use it for 
various health programs.

Although only two states have legalized the substance, Way said he 
anticipates other states will follow suit.

He said he expects to see initiatives in 2014 and 2016.

The idea of Texas approving the substance, he said, is not impossible.

"I think drug policy is still at a somewhat backwards position in 
Texas," he said. "I think it's kind of possible for the southern 
states and more conservative states to come on board here, but it's 
going to take states like Colorado and Washington showing states -- 
showing the country -- that you can bring marijuana above ground."

While the states may have approved the legalization of marijuana, the 
federal government still has laws in place which prohibit the substance.

People who expect to travel to Colorado and Washington and load up on 
marijuana and take it back to their home states will be surprised, Way said.

The legal amount for the possession of marijuana is one ounce, and 
the interstate distribution of the drug is still illegal.

However, people from other states can use the substance while 
visiting the two states.

Licenses will be required for anyone who wants to be involved in the 
marijuana industry, including manufacturing, cultivating and retail, Way said.

Despite the federal laws against marijuana use, Arnold Loewy, the 
Judge George R. Killam Jr. Chair of Criminal Law in Texas Tech's 
School of Law, said the federal government will most likely not 
exercise those statutes.

Individual counties and cities have the options to use the democratic 
process to opt out of providing legal marijuana, Way said.

Medical marijuana, he said, will still be available to the public, 
but medicinal manufacturers cannot sell non-medicinal marijuana, and 
vice versa.

If legalized marijuana were to come up in the Texas Legislature, 
Loewy said, the ways to pass it would be by public referendum or 
legislative action.

Loewy said he speculates the referendum would include a local option, 
as was the case with alcohol in Texas, or a statewide vote to choose 
local options.

However, Loewy said he believes the goal of legalized marijuana 
should be to put the drug dealers out of business by government 
regulation of the buying and selling of the substance.

If the subject came to a vote, senior psychology major from 
Fredericksburg Benjamin Priem said he would not support it.

"Personally, I'm slightly against it," he said. "I'm not sure what 
I'd do. Honestly, there's probably not much I can do but try and 
convince people not to go for it, but they'd still have their own 
opinions and I'm not super forceful on that."
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MAP posted-by: Jay Bergstrom