POT PROPOSAL SIMPLY ACKNOWLEDGES REALITY

Community Commentary:

As a native New Englander, I've followed New Hampshire's brewing
debate over marijuana law enforcement with close interest. As
someone who has examined the impact of marijuana laws on human
behavior for more than a dozen years, I'm supportive of those who
wish to reclassify minor pot offenses from a criminal misdemeanor to
a civil fine.

According to government surveys, an estimated 98 million Americans
- -- nearly half the U.S. population -- have smoked marijuana.
Clearly, criminal prohibitions outlawing pot possession have done
little to curb Americans' desire for, use of or access to this drug.
Conversely, enforcing this prohibition has incurred significant
fiscal and emotional costs.

In 2006, the last year for which national data is available, law
enforcement arrested over 829,000 persons for marijuana violations -
the highest annual total ever recorded. Of those arrested,
approximately 90 percent were charged with minor marijuana
possession only, not trafficking or sale.

Of course, not everyone busted for possessing small amounts of pot
receives jail time -- most do not. But that doesn't mean that they
don't suffer significant hardships stemming from their arrest.
Seldom emphasized penalties associated with a minor marijuana
conviction include probation and mandatory drug testing, loss
of employment, loss of child custody, removal from subsidized
housing, asset forfeiture, loss of federal student aid, loss of
voting privileges, loss of adoption rights, and the loss of certain
federal welfare benefits such as food stamps. Thousands
of Americans suffer such sanctions every day -- at a rate of one
person every 38 seconds.

New Hampshire legislators can end this counterproductive practice by
moving forward with legislation, House Bill 1623, that would replace
existing criminal sanctions with civil penalties, punishable by a fine only.

Specifically, this bill would impose a civil penalty of no more than
$200 upon first-time offenders found guilty of possessing up to 1.25
ounces of marijuana. (Under current law the possession or of any
amount of cannabis is a misdemeanor offense punishable by up to one
year in jail and a $2,000 fine.) Numerous states, including Maine,
Mississippi, and Ohio have had similar policies on the books for
over two decades.

Naturally, critics of such a move warn that decriminalizing cannabis
will increase pot use among New Hampshire's young people. Such
concerns, while understandable, are not supported by epidemiological
evidence. Passage of similar legislation elsewhere has not led to
increased marijuana use or altered adolescents' perceptions
regarding the potential harms of drug use.

In fact, the only U.S. government study ever commissioned to assess
whether the enforcement of strict legal penalties positively impacts
marijuana use found, "Overall, the preponderance of the evidence
which we have gathered and examined points to the conclusion that
decriminalization has had virtually no effect either on the
marijuana use or on related attitudes and beliefs about marijuana
use among American young people."

Most recently, a 2008 state-sponsored report by the city of Seattle,
Wash., found that the implementation of a 2003 voter-approved
ordinance making investigation and prosecution of minor marijuana
offenders the city's "lowest law enforcement priority" has not been
associated with any increase in drug-related crimes or drug use.

Since the law's passage, there has been "no evident increase in
marijuana use among youth and young adults; no evident increase in
crime; and no adverse impact on public health" the report found. In
addition, "There is some evidence of arguably positive effects of
the implementation of I-75, [including,] fewer adults experiencing
the consequences of involvement in the criminal justice system due
to their personal use of marijuana; and a small reduction in the
amount of public safety resources dedicated to marijuana possession
cases and a corresponding slight increase in availability of these
resources for other public safety priorities."

Millions of Americans and tens of thousands of New Hampshire's
citizens have used marijuana at some point in their lives. Most
consume cannabis responsibly, in the privacy of their own homes, and
in a manner similar to alcohol. House Bill 1623 reflects this
reality rather than denying it.

Paul Armentano

Deputy Director

National Organization for the Reform of Marijuana Laws

Washington, D.C.