LEGALIZATION IS BEST POLICY

Rep. Brian Wallace opposes reforming the state's marijuana possession
law. He thunders "the use of alcohol and marijuana often leads to the
use of more harmful and addictive drugs, and for that reason,
believes the penalties should remain tough."

It is true that "marijuana use precedes hard drug use" RAND
researchers reported in a 2002 article, "Reassessing the Marijuana
Gateway Effect." They found this is "simply because opportunities to
use marijuana come earlier in life than opportunities to use hard drugs."

It is clear that current criminal penalties for possessing marijuana
reduce neither supply nor demand. Anyone who wants it can get it.
Close to 50 percent of Massachusetts voters over the age of 18 have
tried it at least once in their lifetime. Most never tried any other
illicit drug, almost all are good people and some are politicians.

By substantial margins voters in 3 senate and 23 representative
districts supported making marijuana possession a civil violation
and not a crime in Massachusetts elections since 2000. The voters
recognize the criminal justice system is not the place to express
disapproval. They understand that parents are the best anti-drug.
Parent-imposed punishments and voluntary counseling are more likely
to rehabilitate the child than state-imposed punishments. When they
do not, the police or parents of a child below the age of 17 may
petition the Juvenile Court that the child is in need of services.
The Court can then use the coercive power of the state to help the
parents and child. Legalizing, taxing and regulating this
agricultural commodity used in the past month by about a tenth of
Massachusetts' adult population, while prohibiting it to children as
we do tobacco and alcohol, is the best policy consistent with
securing the Constitution's promised blessings of liberty. Until the
federal prohibition is relaxed, the decriminalization proposed is
fiscally responsible, humane and sensible.

Steven S. Epstein, Esq.