MARIJUANA LAWS A MATTER FOR THE STATE

Marijuana has long been demonized in American society, thanks largely to
Harry Anslinger, Federal Narcotics commissioner in the 1930s. In 1933,
Anslinger began a war against marijuana, using racial fears, among others,
to convince the public that marijuana was a "killer weed," responsible for
cases of insane violence with little evidence to back up his claims. As a
result, 46 of the then 48 states passed anti-marijuana legislation, and
reefer began the path toward illegality that culminated with the Controlled
Substances Act of 1970, a federal act outlawing marijuana possession.

Many states have different attitudes toward marijuana, noticeable in
disparity of the penal aspect. In Mont., a first offense selling a pound of
marijuana can bring a life sentence; in New Mexico, a first offense of
selling 10,000 lbs. of marijuana can draw a three-year sentence. Possession
of less than an ounce in N.Y. will earn a fine, whereas the same in Nevada
is considered a felony.

Such disparity in the rules raise s questions about the necessity of a
federal law banning use and possession. In recent years, there has been a
movement to allow use of marijuana for medical purposes, and several states
have discussed the possibility of legalizing the drug for such reasons.
Advocacy groups such as the National Organization for the Reform of
Marijuana Laws have pressured these states to reform. This is not the
first time there has been popular support for decriminalization of
marijuana. In the 1970s, 11 states legalized possession of small amounts.
Interestingly, there was no noticeable increase in marijuana use and the
usage rate in these states was on par with that of other states where it
remained illegal.

Unfortunately, there is a federal ban on the possession of marijuana which
is unlikely to be overturned any time soon. Unfortunate, because there is
evidence that marijuana can be effective in dealing with glaucoma,
arthritis and other problems, yet the government retains the paranoia born
of the Great Depression and enhanced by propagandist art such as the movie
"Reefer Madness." Of course, a significant fraction of the population is in
favor of a marijuana ban, making a federal law legalizing it dicey. But if
the federal government were to eradicate the ban and leave it up to the
states, a peaceful solution would be possible. If this would happen, there
would be many states where marijuana would remain illegal, prompting
outcries from the hippies in such states. But they can move to a state
where it is legal if it is so important. Not everyone would be happy if it
were to be legalized, but this would be a definite improvement over current
big government legislation. It would be more in line with the original
ideals of this nation as a union of individual states.