DECRIMINALIZE IT

Last Sept. 16, Seattle out-Bouldered Boulder when the Washington city
passed Initiative 75 with 58.6 percent of the popular vote. That
measure states the "Police Department... shall make the investigation,
arrest and prosecution of marijuana offenses, where the marijuana was
intended for adult personal use, the city's lowest law enforcement
priority." A search for "Seattle" at the Marijuana Policy Project's
Web page (www.mpp.org) will bring up the text of the initiative.

If Seattle can do it, why can't progressive Boulder? At least one city
councilmember is on board. When asked if he supported the idea, Shaun
McGrath replied, "Yes! The 'war on drugs' has been a costly failure,
particularly with regard to marijuana-a drug that is no more harmful
than alcohol. We need to stop treating drug users as criminals, and
treat them instead as people with disabilities needing treatment. I
helped establish and managed the Western Governors Association's Drug
Policy program with then-Governor Gary Johnson of New Mexico... WGA
assisted the western states [in establishing]... harm-reduction
strategies, drug treatment in prison and drug courts."

Mayor Will Toor said he'd have to see the specifics of any proposal in
the context of current practices. He didn't have a problem with the
idea in principle: "I'd lean in that direction... I've never
understood why we as a society are locking people up for using marijuana."

Interestingly, while Boulder has a lengthy section of rules pertaining
to alcohol use, it has no ordinance covering marijuana. Thus, local
police and the county sheriff's department enforce state marijuana
laws. Assistant City Attorney Walt Fricke noted charges are handled by
county or district courts, unless the case is kicked up to the federal
level.

Colorado's laws prohibiting marijuana are less draconian than those in
some states. Statute 18-18-406 imposes a fine "of not more than one
hundred dollars" for the possession of up to an ounce of marijuana.
Public use of marijuana can result in a few days in jail. The first
offense of having less than eight ounces of marijuana carries a
misdemeanor charge, while possession of larger amounts, distribution
or a subsequent conviction can be charged as a felony. In 2000 voters
approved the use of marijuana for medical purposes, under certain
conditions.

Sheriff Joseph Pelle said his department focuses on methamphetamine,
cocaine and heroin: "Hard drugs are a higher priority for us in terms
of resources." However, he added, "when we come across marijuana
violations, particularly when it involves growing it or distributing
it, we have to take action, and we do take action." He said marijuana
is sometimes found incidentally in response to a disturbance call or
alarm. He might also deploy undercover officers to break up open-air
drug dealing, often working with a multi-agency task force.

Police Chief Mark Beckner commented, "Well, first of all, I am not
aware of anyone getting prison time for possession of [marijuana] for
personal use. Furthermore, it is already a very low priority for most
police departments, including ours. About the only time we enforce it
is when we see a violation occur right in front of us in public. Then,
you only get a summons. I would much rather see our legislators work
on the alcohol underage drinking issue. Our current laws do not seem
to be working, and alcohol abuse is a much bigger problem."

So, while an ordinance in Boulder might not dramatically change
current policies, it might formally establish that crimes against
person and property are a higher priority. A local measure might also
influence state and national policy. Perhaps the time has come for
Colorado to implement more thorough reforms, even the complete
legalization of marijuana (for adults). Cities might also consider
limiting the involvement of local police in task forces involving
federal agents, particularly when the case involves the forfeiture of
property.

My view is that drug prohibition is a disastrous policy that causes
violence and other harms. I have no problem prohibiting minors from
buying certain items like drugs, and certainly people ought not
operate vehicles or other heavy machinery while impaired. But
generally adults who use and trade marijuana ought not be treated as
criminals.

Consuming marijuana should be viewed as a choice, not a disease or a
crime. Those who think using marijuana or other drugs are inherently
immoral are free to avoid them and attempt to persuade others not to
use them. Of course, the responsibility of parents with respect to
their children is much greater.

Many, however, do not believe using marijuana is wrong. An almost
unlimited number of more destructive behaviors (irresponsible sex,
alcoholism) remain legal, as is appropriate in a free society. Use of
marijuana for a variety of medical ailments is clearly beneficial. One
of the problems noted by Sheriff Pelle, open-air drug dealing, is the
direct consequence of prohibition.

Even if recreational use of marijuana is deemed immoral, the
police-state tactics needed to prohibit the use of marijuana are
manifestly morally objectionable.