CHANGE THE LAW WHEN THE PEOPLE ARE READY FOR IT

In the Meantime, Though, Always Enforce the Laws We
Have.

Most of the people who appeared before Indiana's Criminal Law and
Sentencing Policy Study Committee last week spoke in favor of
legalizing marijuana in the state, or at least greatly reducing the
criminal penalties on the possession of small amounts. In support of
that position, they said many things that are undoubtedly true, including:

- -Marijuana prohibition in the United States has
failed.

- -Indiana's too-draconian laws governing possession have probably
done more harm than good. Lives have been ruined over something that
is safer than drinking.

- -Relaxing the law and treating marijuana like alcohol would
bring in new tax revenue, as much as $44 million a year in sales tax
alone.

- -Studies in states with less-harsh laws show no dire
consequences, such as greater teen use of marijuana.

But there is something else that is also true, which was said to the
committee by Lafayette resident Alonzo Harris, who spoke of the
benefits of legalization but didn't sound very optimistic:

"But talk is talk. I don't see Indiana passing this anytime soon or
ever. We still can't buy beer on Sunday, so why would weed be high on
the approval list?" Why, indeed?

The idea of federalism is to let states experiment by setting their
own rules based on the needs, desires and attitudes of their
populations. So far, lawmakers in 16 states and the District of
Columbia have approved marijuana for medical use. Penalties for
possession of small amounts have been eliminated in 13 other states.
That leaves 21 states still mostly wedded to the killer-weed
mentality, including Indiana. This is a big country, with room for a
wide range of opinions.

One especially dangerous attitude was voiced by a few people speaking
to the panel: We don't need to change the law because, although our
penalties are draconian, we don't enforce them all that often. In
Tippecanoe County, for example, first-time offenders are treated like
first-time offenders for public intoxication and minor
consumption.

But laws are supposed to draw bright lines. There should be few of
them, but they should be enforced all the time equally, against all
offenders. Anything less than that creates uncertainty in people's
minds over what they may and may not do. Furthermore, a casually
invoked law invites corruption and allows officials to use it to
punish their enemies and reward their friends.

If Hoosiers are ready to change the rules, by all means let's do it.
Otherwise, officials must enforce the rules we have. That's the only
way we can have ordered liberty in a civilized society.