Editor, Times-Union: For many years there has been a so-called “war on drugs” in this country. The phrase was itself a piece of propaganda authored by John Ehrlichman, President Nixon’s assistant on domestic affairs. Integral to this “war” has been an extensive and expensive assault on a substantial portion of American society – people who use marijuana. Not only has it been wrong; it is a terrible failure.
My opinion, shared by a growing number of conservative, liberal, and libertarian thinkers, did not arise out of thin air. I have dedicated more than 30 years of my life to the criminal justice system. I have served as county prosecutor and defended thousands of people within that time. I have worked with every part of the criminal justice system from beginning to end. I have seen the enforcement, prosecution and sentencing of those who smoke pot. And my opinion is that criminalizing those who use pot is wrong and is a waste of time and money. Rather than branding our citizens, this state should legalize, regulate and tax pot.
There are two types of crimes in the criminal justice system. The first we call malum in se. This means the crime is rooted in evil. Nearly every society throughout history has considered these acts as crimes: rape, robbery, murder, to name of few.
The other types of crimes are called malum prohibitum. These are defined as crimes based upon social expectations or regulations and are often victimless. The person is not necessarily acting with evil intent. He or she is violating a regulation. This is just where pot fits in.
Each city, state, and country has its own regulations. Michigan residents can use pot for medical reasons. A number of other states allow this as well. Denver residents can use it without arrest. Mexicans can possess and use up to certain quantities lawfully. In Holland there are “coffee houses” where it is legal to smoke pot and hashish, its concentrated resin. So depending on where one lives, he or she can enjoy it or go to prison because of it. As a prosecuting attorney I can tell you that the people we prosecuted for using and possessing pot were not heart-hardened criminals. They were usually young and middle-aged people who just wanted to live and let live. I always felt uneasy about prosecuting these folks.
There are other reasons why pot should be legalized. One is purely economic. Under the current scheme, illegality means drug cartels make tons of money. It is simple macro-economics. When demand is constant and supply is low, or obtaining it is risky, the price is driven up. The exact same thing happened during alcohol prohibition. It allowed criminals like Al Capone to make massive amounts of money and wreak violence on the people of Chicago. Once alcohol was again legalized, regulated and taxed the Al Capones got out of the booze business. The current system with pot plays into the hands of organized crime syndicates.
Another reason harkens back to our Bill of Rights. I contend the government has no business telling me what I can or cannot ingest on my own property or the private property of another. If I want to grow a plant on my property, the government has no business in that either. As long as my activity harms no one else, the government should keep its nose out of my business. Now if I became intoxicated by pot (or anything else) and drive my car in public, then the government has the right to intervene. I might hurt myself or someone else and that is a danger to society. Short of that I believe the motto is “Don’t Tread On Me.”
The truth is that quite a number of people within the system agree with what I have said here. They are simply reluctant to speak out because of their jobs. This is also true of a number of politicians, too. We can all understand their reluctance given today’s political climate.
However, I prefer to no longer keep silent. It is time to de-criminalize pot.
