THE FUTILITY OF POT PROHIBITION

Seventy-two years ago, the federal government took marijuana off the
market through the 1937 Marijuana Tax Act, based on various reports
and hearings about the effects of the substance, which included
testimonies that cannabis caused "murder, insanity and death."
Although the act did not criminalize the usage or possession of the
herb, it levied a tax of about one dollar for anyone who dealt it and
included penalty provisions and complex rules of enforcement that, if
they weren't followed, would lead to heavy fines and even prison time.
The act made it extremely difficult to sell pot and increased the risk
in doing so.

While today it has become generally accepted that those hearings
included incorrect, excessive and unfounded arguments, it wouldn't
have mattered, because in 1951, the Boggs Act was passed and the
penalties for dealing marijuana quadrupled.

And the reason for it, former commissioner H. J. Anslinger of the
Bureau of Narcotics testified that, while admitting marijuana wasn't
addictive or that it led to murder or death, it was the stepping stone
to heroin. This was the first time marijuana had been lumped together
with other narcotics and the passage of the Boggs Act was the defining
moment that began the official national pot prohibition.

Eighteen years later in 1969, former president Richard Nixon
officially declared war on drugs. Since then, billions of dollars have
been spent enforcing the marijuana prohibition, thousands of people
have been incarcerated for marijuana-related offenses and violence
related to obtaining, not due to consuming, the Schedule I narcotic
continues to make headlines.

Despite all the laws and penalties as well as the national movements
to get a handle on the growing issue, including the War on Drugs and
the Just Say No campaign, we are no closer to ridding society of
marijuana than we were before the prohibition. In fact, our feature
story on page 12, "How does your pot grow?" goes into detail about the
multimillion industry that exists legally right under our noses in
California, thanks to the Compassionate Use Act, passed in 1996, which
decriminalized growing and selling pot for medicinal purposes. We talk
with local growers who make hand over fist in profits while avoiding
taxation, revealing one industry that can and will weather any recession.

Now that U.S. Attorney General Eric Holder has decided to put an end
to the federal government raiding properties and arresting medical
marijuana users and suppliers as long as they conform to state laws,
it is time for society to make another decision. In election season
2010, California voters may be presented with several pot legalization
measures. The measures, if passed, would eliminate the harsh penalties
now placed on marijuana dealers and users. It is estimated hundreds of
millions of dollars would be saved every year as law enforcement and
prisons scale back prosecution and incarceration of such offenders.
California could begin taxing marijuana sales and start to close the
budget deficit as well as fund treatment and education services to
stem the tide of substance demand and abuse.

The fact is that marijuana isn't going anywhere. Its usage has
remained steady for decades and has been shown to improve the quality
of life for cancer and AIDS patients and others with chronic pain
issues. Legal drugs like alcohol and tobacco create greater ills to
society, causing hundreds of thousands of people to die from disease
and incidents related to their uses. The reasons for keeping pot
illegal are antiquated and unfounded.

Perhaps in 2010, we can start to undo the damage done to our society
by legalizing marijuana, saving taxpayers billions of dollars,
generating revenue for local, state and federal coffers through
taxation and relieving our prison system by letting nonviolent
marijuana users and dealers out. By legalizing pot, we may also reduce
gang violence related to the illegal manufacturing and importing of
pot.