JOINT RESOLUTION

Every once in awhile, an idea will come across the Texas Legislature
that will solve more problems than it creates and actually promotes
individual freedom rather than taking it away. State Rep. Harold
Dutton, D-Houston, has one of these ideas.

House Bill 254, filed on Dec. 20, will amend the state's drug laws to
decrease the penalty of possession of one ounce or less of marijuana
to a Class C misdemeanor. Such an offense is comparable to a traffic
ticket, carrying a fine of up to $500. Possession of two ounces or
less of marijuana is currently a Class B misdemeanor, which carries a
fine of up to $2,000 with the possibility of up to 180 days in jail.
Additionally, HB 254 would exempt those convicted of possessing one
ounce or less of marijuana from a provision in state law that mandates
that those convicted of a drug offense have their driver license suspended.

This bill does not legalize marijuana. All it does is prevent
individuals from going to jail for making a personal choice that does
not endanger others. Yet, this bill has a very slim chance of being
seriously considered in the legislature, let alone becoming a law.
Sadly, the war on drugs has also, in many ways, become a war on common
sense.

The average marijuana user - as long as he isn't driving while high -
poses absolutely no threat to others. While it can be argued that the
government should prevent people from engaging in harmful behavior,
marijuana is no more harmful than many other substances that are
legal. Regardless, citizens must immediately question any action taken
by the government that seeks to tell an individual how to live his
life, as long as he is not interfering in the lives of others.

Fortunately, several states have come to the conclusion that there are
more important things to worry about than recreational marijuana users.

According to the National Organization for the Reform of Marijuana
Laws (NORML), 12 states have laws in place that have decriminalized
the possession of small amounts of marijuana to some extent or another.

For example, possession of one ounce or less of marijuana in Colorado
is a petty offense that carries a fine of up to $100. Similar
penalties exist in states such as California, Ohio and Oregon. In
these states, where penalties for marijuana possession are relatively
minor, there has not been any significant rise in crime or other
pernicious activity as argued by anti-drug advocates in support of
America's war on drugs.

There is also no proof that the decriminalization of marijuana will
result in an increase of marijuana use, especially by youths.
According to the Marijuana Policy Project, marijuana use by teens in
the Netherlands - where marijuana is regulated much like alcohol and
tobacco are in the United States - is less than it is in the United
States. There is also no data showing significant increases in
marijuana use in states with lax penalties for possession compared to
states where the penalties are more severe.

Marijuana decriminalization also frees up the resources of our police,
courts and jails to deal with criminals who are committing offenses
that actually harm society. By allowing the police to catch thieves
instead of pot smokers, these scarce resources can be used for the
benefit of society. We are not any safer or better off because a
marijuana smoker is locked up behind bars.

The state of Texas needs to take a page from the 12 states that have
decriminalized marijuana and consider Dutton's bill. It is time to use
logic in the war on drugs instead of emotion.