Pubdate: Tue, 14 Jan 2014
Source: White Mountain Independent, The  (AZ)
Copyright: 2014 White Mountain Independent
Contact:  http://www.wmicentral.com
Details: http://www.mapinc.org/media/4808
Author: Mike Leiby

KEEPING IT SIMPLE LEGALIZE POT, OR CRIMINALIZE ALCOHOL?

The state of Colorado has been in the news a lot lately due to the
legalization of recreational marijuana. On Jan. 1, stores opened
statewide offering high grade marijuana to anyone age 21 or older who
had the asking price. Lines of customers waited in front of shops
throughout the day.

As more and more was sold, the price started to climb. Reports are
that some shops raised their prices to more than $500 per-ounce
because the demand was so great.

Colorado law states that residents age 21 or older can grow up to
three immature and three mature plants, possess all cannabis from the
plants they grow (so long as it remains where it was grown) and
legally possess up to one ounce while traveling. A 21-year-old
resident can also give (gift) up to one ounce to other citizens 21
years of age or older. Non-residents, however, can only purchase or
possess up to one-quarter-ounce. No marijuana purchased in Colorado
can be transported across state lines, even if into a state where it
is legal for recreational or medicinal purposes.

In April of last year, the Colorado Court of Appeals ruled that since
use or possession of the drug is still contrary to federal law,
employers can use that standard rather than state law as a rationale
for banning worker use (even off the job) and are not bound by
Colorado's Lawful Activities Statute.

So, even though marijuana is now legal for recreational use in
Colorado (as has been alcohol for decades), an employer can fire
someone if they use it. The problem with that is that traces of
marijuana can remain in the body for a long period of time, even
though the person is not under its influence.

In fairness to employers in Colorado, they can and do fire people for
being alcohol-impaired on the job. The difference though is that after
a couple days, alcohol has left the body. Not so with marijuana, even
though the person is no longer under its influence.

So how can it be fair that someone who uses marijuana can be fired
days after using the drug, but someone who gets drunk over the weekend
and shows up Monday morning with no ill effects still has a job? That
is likely something the courts will have to decide after a displaced
worker files a wrongful termination suit.

Readers of this opinion piece may be asking how it effects us in
Arizona, since marijuana is still illegal here. The answer is that
recreational use of marijuana could be part of the future of this
state. Democratic state Rep. Ruben Gallego said he supports an
initiative by Safer Arizona to get it put to voters as soon as
possible. He is also drafting his own bill to go before fellow
lawmakers. Safer Arizona Legislative Liaison Mikel Weisser said he has
been in 33 interviews with Arizona lawmakers, some of whom expressed
support of legalizing marijuana in this state. Weisser said even some
Republicans are in favor of it.

"The Republican Party (in Arizona) is in a civil war over this, and
there is a considerable divide between some of them and others like
those in the Libertarian and Independent parties," he said. "I would
prefer that if we are taking care of health and freedom, there would
be a bipartisan effort to embrace the atmosphere of social change in
America right now."

He said that whether or not the Safer Arizona citizen initiative or
Gallego's forthcoming bill are made law, it is all a part of that
atmosphere of social change, adding that part of the intent of the
legalization movement is to keep the issue at the forefront. In
connection with its medical uses, Weisser said the big change would be
in the 70 years of propaganda that ignored the benefits of research
that he said proves there are legitimate uses for marijuana. Gallego
wants to tax marijuana sales in Arizona, much like alcohol. Public
opinion polls conducted in May of last year indicate that
approximately 56 percent of the state's population favors
legalization. The big hurdle would likely be in trying to get a
strongly conservative Republican-controlled Senate to pass a bill
legalizing it. As for myself, I would support legalization and
taxation. Goodness knows this state could use the revenue.

There are others, however, who say that if someone is going to take
the ethical stand that people living in this country should be clean
and sober 24/7, which some do, should we not instead of legalizing
marijuana, outlaw alcohol and any other recreational intoxicants? The
problem with that stand is that since the beginning of time, people
have used intoxicants for various purposes regardless of the law. When
it comes to alcohol, the United States experiment in outlawing it from
1920-1933 was a dismal failure. While many people abided by it, the
vast majority of Americans did not. Saloons called "speak easy"'s
sprang up all over the country. Moonshining had a resurgence and
organized crime made millions off of the illegal sales on alcohol.
Additionally, since it was illegal, moonshiners picked up the slack in
supply, creating issues with poor quality. Some people even died from
drinking tainted "bathtub" booze.

Al Capone, one of the most notorious gangsters in the history of this
country, made a huge amount of money off of prohibition.
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MAP posted-by: Matt