SO LITTLE TO FEAR IN LEGAL MARIJUANA

Point of View

WASHINGTON - "We have nothing to fear but fear itself" -- President
Franklin D. Roosevelt, 1933 Justice John Paul Stevens recently asked
in a U.S. Supreme Court opinion "whether the fear of disapproval by
those in the majority is silencing opponents of the war on drugs." The
answer is a resounding "yes," though it's not at all clear that a
majority actually agrees with current policies regarding marijuana
regulation. Fear of being called "soft on drugs" is stifling rational
debate about the relative merits of prohibition vs. regulation of a
substance most regard as relatively innocuous.

Virtually everyone under the age 55 knows somebody who uses or has
used marijuana. Many
need only look in a mirror. Yet federal and state governments continue
to treat marijuana possession as a serious crime. This is a wildly
disproportionate response, fueled by fear, to an activity that is
widespread among all classes of society.

As part of an organization seeking to reform prohibition-oriented
marijuana laws, I witness this phenomenon daily. Legislators
acknowledge privately that current policies are not working, but fret
that voters will not accept reform. Citizens wink and nod at marijuana
use by loved ones while supporting laws that could ruin their loved
ones' lives. Everybody is afraid to question current policies.

Instead of acting like Chicken Little, perhaps we should ask ourselves
exactly what would happen if marijuana was regulated like alcohol.
That might make for calm and rational public policy decisions. Far too
many people have tried marijuana, or know somebody who has used it,
for the public to really believe in the "Reefer Madness" stories
circulated by government fear-mongers. As with alcohol, some people
would abuse marijuana. But, also as with alcohol, most would adjust
their consumption in a responsible manner.

EVERY DAY THE PAPERS ARE FULL OF STORIES OF MISERY wrought by
overindulgence in alcohol -- a substance more toxic, and far more
likely to induce violence or aggression, than marijuana. Yet
prohibition is not considered a serious response to alcohol abuse. And
in the real world, most people don't drink themselves into oblivion
daily, despite the relative ease and low expense involved in doing
so.

But if we regulated marijuana like alcohol, what message would that
send to our children? Good question. What message do we send when we
enact laws that punish a few unlucky individuals for doing what much
of the population does without punishment?

We cannot engender respect for the law by criminalizing private
behavior while quietly tolerating the flouting of the law. Experience
with alcohol prohibition taught us that.

But isn't marijuana a "gateway" to other drugs? Not through its
biochemical effects, as the Institute of Medicine noted in its White
House-funded study. The "gateway" is the suppliers -- drug dealers who
peddle other drugs as well. Put an attractive product in the same
market basket as hard drugs and shoppers may sample the other
products. Put marijuana where it belongs, in licensed and regulated
outlets as we do with alcohol, and consumers won't see the drug
dealers' other wares.

Bourbon is sold by legal venues where identification is checked, and
proprietors have reason to follow rules in order to preserve their
liquor licenses. The fact that marijuana is illegal creates a
completely unregulated market where anything goes.

I'VE BEEN LICENSED TO PRACTICE LAW IN NORTH CAROLINA for nearly 25
years. I had the privilege of serving as a Superior Court judge for
seven and one half of those years. I wouldn't know where to buy
marijuana if I had to. And my own experience with it is limited to the
casual exposure nearly every adult under 55 has had. But I've seen
many lives ruined by misguided policies that treat the consumption of
marijuana as a major threat to society.

If we really believe that our friends, family and neighbors are
ruining their own lives and
threatening the public safety, we should turn them in immediately. The
fact that most of us do not do that is testament to the fact we really
don't perceive marijuana as a threat to the public order.

Properly regulating and taxing marijuana for adult use would save millions of
dollars in law enforcement, court costs and correction department
spending. It would also bring in millions in tax revenues for
education, roads and other critical needs, and shut a "gateway" to
hard drugs. Ignoring that opportunity based on hysterical fears about
a substance few view as a threat to public order is true "reefer
madness." (Ray Warren is director of State Policies for the Marijuana
Policy Project in Washington, D.C. He is a former member of the North
Carolina House of Representatives and a former judge.) All rights
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