IS THE WAR ON DRUGS A WAR ON JOBS?

California's Search for a Sane Drug Policy

A Gallup poll released last week found that 50 percent of Americans
support legalizing marijuana while 46 percent are opposed. For more
information, search for this poll at www.gallup.com. The four
California U.S. attorneys who recently announced a federal crackdown
on medical marijuana and I agree on one thing: California's
Compassionate Use Act, which permitted the use of medical marijuana,
has turned out very differently than what California voters expected
when they approved the 1996 ballot proposition.

No one I knew thought it would produce an estimated 200,000 patients,
thousands of collectives, revenues of $1.3 billion, more than $100
million paid in taxes and tens of thousands of jobs.

Now, while the feds and some local officials may want to throw this
unplanned baby out with the bathwater, I think it is important to
consider whether this morphed medical-marijuana system is good for
California. Have we somehow stumbled upon a much more effective
marijuana policy than the federal law-enforcement method? What if our
California policy actually hurts the Mexican cartels, dramatically
reduces dangerous and clandestine growing, severely weakens an
illicit marijuana sales force focused on high-school students, all
the while increasing much needed tax revenue for the state and local
communities?

Maybe instead of trying to close down California's medical-marijuana
system, the federal government should be copying it. This is not to
say the California system is perfect because it is not. Money
laundering has occurred at some collectives and that is not OK. And
the shipment of marijuana out of state should obviously not be
happening. Nonetheless, the current system in California is a giant
step forward to an effective, sane drug policy.

In full disclosure, I, as an alternative-newspaper publisher, made
money on medical-marijuana advertising until the federal crackdown.
Now that's all changed. But it is true that I benefited from the old
system. Also hanging over my head is the suggestion by the San Diego
U.S. attorney that, at least in her district, she may prosecute media
that ran medical-marijuana ads. Also, in terms of full disclosure, I
have a fear I could literally be setting myself up for prosecution by
writing this story, which is not totally unreasonable given the feds'
willingness to make examples of individuals who speak out.

But here goes.

Using any objective measure, such as the percentage of Americans who
use and abuse drugs, the numbers of individuals incarcerated for
crimes associated with drugs, and law-enforcement and prison costs,
the 40-year War on Drugs is a colossal failure.

The failure starts with its name: the War on Drugs. It is not a War
on Drugs. It is a war on people: Roughly half of Americans who have
not used marijuana or other drugs trying to put the other half in jail.

Or more accurately, since it is not feasible to have roughly half of
Americans serving time at some point in their lives, the policy has
basically been to put a whole lot of minorities in jail to show that
politicians are tough on crime. While Caucasians and
African-Americans are equally likely to use drugs, African-Americans
are around three times more likely to be arrested.

Anyone who studies history knows that Prohibition did not impact the
amount of drinking. Stringent law enforcement may have made it more
expensive, but it clearly did not significantly decrease demand. It's
the same with marijuana.

It costs around $400 to grow a pound of marijuana that can be sold
for up to $6,000 on the street. With that kind of money, there will
always be a supply. And it will be a plentiful supply. It is totally
hopeless to think that law enforcement can solve this problem.

But law enforcement can create a bigger problem than the one they are
trying to solve. Recently, when the four U.S. attorneys announced
their crackdown, they mentioned the illegal and dangerous growing in
national parks, the involvement of the violent Mexican cartels and
the targeting of youth. Ironically, all of these understandable
concerns are minimized by the California medical-marijuana system. Or
to be more accurate, they would be minimized if the federal
government would get out of the way.

Let's take them point by point. If the federal government would allow
medical marijuana to be grown in regulated areas, this would
significantly reduce the need and advantage to planting in wilderness
areas. But the feds are against this.

Next point, the Mexican cartels. Anyone in their right mind should be
frightened of the Mexican cartels. Experts say these cartels make
between 60 and 70 percent of their revenue in marijuana sales.
California's medical-marijuana industry takes away revenue from these
cartels. What's not to like about that?

Next point, targeting youth. Medical-marijuana collectives are not
targeting kids. While one could make a case that liquor stores that
sell candy next to alcohol, and cereal companies that run ads on
cartoon shows are targeting kids, medical-marijuana collectives are
not. On the other hand, the illegal marijuana distribution system
definitely targets kids. That sales network, supported by the huge
profits of illegal marijuana sales, has a very effective high-school
sales operation. It should be noted that in countries such as
Portugal, decriminalized drugs produced a dramatic decrease in youth drug use.

Finally, there is cost--a subject that was not mentioned by the U.S.
attorney. California's medical-marijuana system is providing
much-needed revenue for our cash-strapped governments.

Just as Prohibition did not work, the federal crackdown on medical
marijuana will not work. It is not enough to say federal law prevails
over state law. After all, we have all kinds of banking and security
laws, but the federal government seems to find hardly anyone in
violation of those laws. The juxtaposition is the kind of thing that
destroys the credibility of our legal system.

It is time for the federal government to focus on critical issues for
our country, and let California figure out a more rational, sane and
economical drug policy. Our state has led the way for the country on
other issues; the feds should allow us to lead on this one.