DESPITE ONGOING RECESSION IN FLORIDA, THE STATE FUNDS HARSHER MARIJUANA LAWS

Most Floridians know we are in a recession now.

What most Floridians aren't aware of is that, even during this economic
downturn, our Legislature continues to spend tax dollars enforcing what
many of us consider to be misguided marijuana policies.

The Florida Legislature recently passed House Bill 1401, re-establishing
the controversial "three strikes" laws. Most of the law's language is
identical to the 1999 three-strikes law, which the Florida Supreme Court
found unconstitutional.

Not much is different in this new bill except for a change in the marijuana
law - in which the Legislature has cut in half the amount needed to receive
three-year, mandatory minimum sentencing for "trafficking" cannabis.

Amazingly, the state decided that we only have the resources to increase
the penalties for marijuana offenses. Stipulations pertaining to all other
drugs remain unchanged.

I am not one to advocate for the individual who is caught with large
quantities of marijuana intended for sale or distribution. Rather, I am an
advocate for sound, fiscally responsible drug policies.

Unfortunately, the Florida Legislature's antiquated drug strategies fall
far short of that goal.

More than half of all drug arrests in the state of Florida are for
marijuana offenses. More than 88 percent of those are for simple possession
of small amounts. Economists at FSU estimate that our state spends almost
$5 million annually on enforcing marijuana laws.

Police resources are wasted as Florida's finest are simply overburdened
with the task of trying to arrest the more than 5 million non-violent drug
users estimated in the state. More important, every year, more than 25,000
Floridians are subjected to the consequences of the criminal-justice system
for smoking marijuana.

These Floridians are otherwise law-abiding citizens who pay their taxes,
rear children and contribute to their communities. Unfortunately, once
labeled a "drug offender" by the state, their lives are forever changed.

While other states are recognizing the value of medicinal marijuana and
relaxing penalties for small amounts of marijuana, Florida's politicians
can only find the time and money to make marijuana laws harsher than they
already were.

Not one Florida senator voted against HB 1401. Interestingly, only nine
members of the House voted against the bill, and all of them were Democrats
who belong to an ethnic minority. This was not a surprise, because state
and national statistics show that minorities are disproportionately awarded
mandatory minimum sentences.

Thankfully, there exists a coalition of state groups working for
constructive changes in Florida's marijuana policies. Florida NORML, acting
as an umbrella group for statewide activists, has begun to lobby the
Florida Legislature. On March 22, we hand-delivered 160 legislative packets
to all House and Senate members. Also, nine activist groups from across the
state staged an educational seminar for the Legislature in the rotunda of
the state capitol. This effort gave many legislative members and staffers
the opportunity to meet medical-marijuana patients who traveled from as far
away as Miami. These real-life survivors all attribute part of their
medical successes against glaucoma, Lou Gehrig's disease, AIDS wasting
syndrome and cancer to regular use of cannabis.

Next session, lobbyists, student leaders and citizen activists working with
NORML hope to introducce two separate marijuana-law reform bills. The first
bill would protect patients with debilitating diseases (such as AIDS,
cancer and multiple sclerosis) from being subject to arrest and prosecution.

The second bill would make marijuana laws the state's lowest enforcement
priority so that criminal-justice resources may be more appropriately
allocated to fight serious crime. The $5 million Florida wasted on
enforcing marijuana prohibition could have been directed to any number of
more beneficial causes, such as wage increases for teachers and police
officers.

If the members of Florida's Legislature are realistic about this issue,
they will adopt both of these measures. But they need to hear from
Floridians first. If the state's citizens want to see change, change will
happen. Citizens can aid this effort by sending their representative or
senator a letter expressing their opinions.

Christopher S. Mulligan is a recent graduate from Florida State University,
with degrees in political science and criminology. He is a member of NORML,
the National Organization for the Reform of Marijuana Laws. He recently
spoke about campus organizing at NORML's national convention in San
Francisco this past month.