A Difficult Step in the Right Direction

There's a bill under consideration in the California State Assembly's Public Safety committee that would essentially legalize Marijuana use for adults at the state level.  It's called AB 390 and based on the complete lack of hoopla in the media about it, I can only imagine that it will eventually be voted down.  If there was a chance that it might actually pass out of committee there'd likely be a great deal more fuss.  Having read the bill, it seems well written and relatively conservative given its nature.  It would essentially bring marijuana laws in line with the current laws governing alcohol consumption and sale.  It takes the very prudent step of banning state assets or money from being used to enforce or prosecute federal marijuana laws.  AB 390 has also been endorsed by the group Law Enforcement Against Prohibition which represents members of the law enforcement community and judicial system who believe our current War on Drugs is untenable--which it is.  Regardless of this bill's fate, California and several other states have or will soon have an open discussion on the merits and pitfalls of ending the prohibition of Marijuana.  

Politically speaking, this should be a slam dunk.  Prohibition has been proven utterly ineffective in curbing the drugs use among minors and preventing drug related crime.  On top of that, the cost of enforcement and carrying out the sentences associated with these laws has been incredible.  These costs are incurred not only by the state budget but also in terms of the time spent by law enforcement on what are often possession related, non-violent crimes as well as the burden placed on the state's judicial and correctional systems.  Even more compelling is the argument that legalization would essentially undercut and eliminate the black-market for marijuana, which is the cause of a great deal of violent crime.  There's also the matter of revenue gained from the taxes levied on commercial marijuana sales.  The only real downside is the threat of institutionalizing a habit that is arguably detrimental to the health of a society.  But since we've already done that with alcohol and tobacco, it would be hard to slam the door on marijuana for that reason.  Downsides that are real only in the political sense are the opposition any such legislation is likely to face from socially-conservative voters (of which California has plenty, despite what the bobble-heads on cable news would insinuate) and from the California Prison Guards union which wields unimaginable political power in California.  So much power that from 1984 to 1996 the state built 21 new prisons and only one new university--which puts in perspective the kind of political--in the sense of the word that has nothing to do with logic or reality--opposition this bill (or any of its kind) faces.

Personally speaking, the legalization of marijuana is a bit of a clash between my political principles and those I hold closer to the vest.  While I'm willing to hold alcohol and marijuana in the same class in terms of their potential to render poor judgement and be abused, there is something about the way in which this drug is used by my peers in particular and the populace in general that gives me more misgivings about its legalization.  The social norms for alcohol consumption dictate that one does not drink throughout the day and that the majority of drinking is done at social gatherings, sporting events, or entertainment venues such as bars or nightclubs.  I do not know anyone--and this is saying something--that would take a shot of tequila before heading to work in the morning.  Maybe I know a bartender who might do that.  Maybe.  I do know quite a few people that have, would, or regularly do light up before, during, and after every shift or class and spend a large percentage of a given week high to some degree.  Whether this is a function of the prohibited nature of the drug or the relatively minor physical consequences (try drinking your way through a week like that, you'll discover you're either an alcoholic or never drinking, ever again) is not clear, but it is clear that given enough money one can fall easily into a routine that leaves more waking hours under the influence than not.  I'm not suggesting that this is how the majority of marijuana users act, but I have seen this behavior in enough of my friends and associates to be concerned by it and to know that marijuana and alcohol are not on equal footing, at least when it comes to how we interact with it.

At the end of the day, I think this is a good bill and I hope it gets its due consideration.  Supposedly you'll be able to listen to the committee deliberate and vote here at 9:00am PDT.  As near as I can tell it is likely to pass out of its first committee vote but its chances of getting to a straight up and down floor vote is small.  Even so, there is likely to be a state-wide vote on the issue in California next November, and if I had to hazard a guess, that will be a close vote but legalization will win the day.  From there on out it will be a great if not a little dangerous social experiment, my hope and hypothesis being that the end of prohibition will gradually bring the drug's use into a more normative social context.  

Update on Tuesday, January 12, 2010 at 10:20PM by Ryan Hindinger

AB 390 passed out of the Public Safety committee on a 4-3 party line vote.  It has until Friday to be similarly passed out of the Health and Safety committee.  It looks unlikely to do so.