AMENDMENT 44 A CLOUD OF SMOKE

Amendment 44, which would legalize possession of a small amount of
marijuana, should be rejected. It's a national issue, not a state one.

It's the shortest proposal on this year's statewide ballot, but
Amendment 44 touches on a host of thorny legal, social and health
issues and has garnered a fair measure of national attention. If
passed, it would change state law to allow people over 21 to possess
an ounce or less of marijuana without legal penalty.

The Post recommends a "no" vote.

That said, we agree that the issue of marijuana decriminalization has
many shades of gray.

An estimated 25.4 million Americans use marijuana at least once a
year, and about 97 million are believed to have tried it at least
once. (About 120 million Americans regularly drink alcoholic
beverages, which is legal, though drinking carries many of the same
risks as marijuana.) Nearly half a million Coloradans have used
marijuana in the past year, according to federal statistics.

Given such significant use, it's reasonable to think that the "drug
war" isn't working as far as marijuana is concerned.

But, marijuana use has declined steadily for many years - the peak was
in 1979 - and anti-drug advocates also point to dropping teen
marijuana use as a sign that enforcement and anti-drug campaigns are
working.

The debate is highly charged, full of clashing studies and fiercely
held philosophies about protecting young people on one side and
personal freedom and adult choice on the other.

The Colorado debate mirrors the divide. Proponents somewhat
disingenuously argue that smoking dope is safer than drinking booze,
so marijuana use by adults ought to be decriminalized. Opponents,
including law-enforcement types, have sometimes veered toward "reefer
madness" territory in their arguments.

It's tempting to ask if passing Amendment 44 would make much
difference. Colorado already is one of 11 states that impose just a
fine (in our case, up to $100), not jail time, for simple possession.

It's clear that marijuana laws are ignored by many people, and laws
that aren't respected can always stand review. But it's also clear
that marijuana use has significant risks, something society should not
ignore.

Some have suggested that marijuana use be legalized but regulated and
taxed. (A measure before Nevada voters would set up such a system.)

But the debate can't be ended by a couple of states voting on ballot
measures. If marijuana use is to be decriminalized, declared a medical
problem not a crime problem, or be otherwise redefined, the decision
should be made at the national level. Or Congress could allow
marijuana use to be regulated by states, as happened with alcohol when
Prohibition ended.

In the meantime, we worry about the message to young people if
Colorado passes 44, and we scoff at any system that would
decriminalize possession while growing and distribution would remain
against the law.

We urge voters to just say say "no" on 44.