Thursday, April 1, 2010

Legalize Marijuana

California voters will have a chance to take another step in legalizing marijuana soon. I am, generally, no fan at all of the opportunity California's Constitution gives voters: a direct means of creating legislation or even amending the state Constitution. I fear that it is far too open to manipulation by relatively small, but well-organized "special interest" groups that don't really reflect the considered will of the majority of the people. Moreover, these propositions can be enacted into law without adequate provision for the costs of implementation. Thus, as a result of many earlier successful propositions, we witness a large part of California's dreadful current financial condition. All things considered, I'm emphatically for far less of propositions, not more.

However, while I disdain the process, generally, the potential result in this case, I believe, would be good. I believe the marijuana legalization proposition is probably a worthy exception because actual legislators, elected politicians, are unable to take action, even if they believe it to be right in this case.

Human beings have been altering their state of consciousness, by chemical means, throughout all cultures and all history. We are foolish to think that making this natural human behavior illegal will actually stop it. Less than a century ago, the US witnessed the disastrous experiment with alcohol Prohibition. What did we fail to learn by that?

Criminalization of marijuana does raise the cost, of course, and makes many people (non-users and crypto-users) feel righteous; but the downsides far outweigh that, in my view. Criminalization severely burdens our justice system, it explodes our prison population, it fosters organized crime, and it makes marijuana use just tantalizing enough for the young and rebelious to pursue it just because it's against the law.

I'm not naive and I realize that legalization may, in the short term, actually encourage some people to experiment with marijuana who otherwise would have been dissuaded. But, perhaps in a generation or two, I'm optimistic that reasonably broad social conventions will emerge that, like for alcohol today, "regulate" how most people use this particular chemical amendment. There will be times, places, occasions, and activities when marijuana use will be appropriate (for example: with or before food (who hasn't experienced the "munchies"), with friends, in enjoyable situations...a lot like wine today) and others when it will be frowned upon or even cause for legal punishment: "Drive with reefer, go to jail!"

More immediately, however, the legalization of this, like any other product, brings it within the expectations of "normal" activities. Legitimate businesses will compete, on quality and price, to supply maijuana demand. Retails outlets will exist in respectable neighborhhods; you'd be able to buy pot even at Safeway or Vons (if you've been to Amsterdam, you know what I mean). Fundamental quality issues can be regulated. Legitimate production and sales can be taxed. And, the criminals who now are the beneficiaries of marijuana's illegality will lose one of their huge revenue streams and one of their prime contexts for violence.

So, as much of an enemy of legislation by proposition as I am, I hope this particular exercise in circumventing the elected legislature is successful. Given the righteous, well-intentioned, but poorly informed "public" that legislators must respond to on this issue, we probably do need a "special interest" cadre to bring us to what I think is the right result.

As California goes, then, we can hope the rest of the country follows.