The rantings of a Public Defender constantly fighting against society's pervasive Police Industrial Complex. Enjoy the unique perspective of one whose life's work is to fight the system through the system.

Wednesday, May 26, 2010

The Marijuana Legalization Initiative on the November Ballot

It's on the ballot for November 2010. It is a great idea, and it is a well-written initiative. The drug war has failed, [Here is the May 11, 2010 AP article: http://www.google.com/hostednews/ap/article/ALeqM5iLZNYd6C9SGpa2oeiZIqT-HKVrCQD9FMCM103 - and here's what Grits for Breakfast, an excellent PD Blog had to say: http://gritsforbreakfast.blogspot.com/2010/05/news-flash-drug-war-colossal-failure.html ]and the marijuana front has been an even bigger failure. Marijuana is not even as dangerous as alcohol, which has been legal since Prohibition.

And it will fail at the ballot box. Here's why:

1) Marijuana legalization is soundly opposed by most old people. Old people vote religiously. California politics has been skewed by the opinions of older voters for decades. There is no reason for older people to want to legalize marijuana - they can get vicodin easily with their prescrption drug benefits. And alcohol is even more easily available at the corner store/local liquor barn. Oh, and one last thing - all old people know very well that only DFH's use marijuana. And anything that DFH's want, old people are opposed to.

2) There are no good spokespersons for legalizing marijuana. Take a look on the web and you will find that of the many, MANY opinions that are written in response to articles about marijuana legalization, the ones in favor are usually riddled with spelling and grammatical errors. What does this mean? They are "normal people." Not NORMAL, as in the National Organization for the Reform of Marijuana Laws, but just ordinary, non-college-educated folk. Who want to smoke pot. Most rational people who have a degree of some kind won't say ANYTHING about marijuana legalization because they fear being branded as "one of them." You know - druggies. DFH's. Pot smokers. And as just about ANYONE will tell you, that is the kiss of death for just about any professional. Oh, an occasional professional person can admit that he/she smokes pot, and might even be caught with/smoking pot. But to advocate for legalization publicly? No, that professional will suffer. I won't suffer in my profession because I already defend murderers, rapists and child molesters - supporting legalization is the least of my professional "sins."

Full disclosure: I don't smoke pot. I would smoke pot occasionally, if it were legal. But it isn't, so I don't and I won't. Why? Because I am a Deputy Public Defender, an officer of the court, and I don't want to get my house searched. I don't need the headlines. And I genuinely do my best to obey the law, however stupid it may be at times.

But I despise the ruins my country has made of itself over the ever-escalating drug war. I despise the corruption in the various police departments that the new prohibition has brought us. I despise the fact that the public schools, public schools that my children go to and will continue to go to, lack funds because my government has to feed the criminal justice beast, of which the drug war plays no small part. I got a letter a week ago that said that the school district can no longer afford to bus one of my children because of budget cuts. If given the choice, I would much rather not have ANYONE do time for marijuana-related "crimes," so that our state can afford to bus children who should be bused to school.

3) Police agencies and prison guards are, or soon will be, all over this one. They NEED marijuana offenses to be a crime. If decriminalization were to happen, within 2 years we would see the effects: nothing. That's right - nothing adverse will happen. People will smoke pot like they currently do, and the only guys who will see business cuts are the marijuana dealers, the various growers (the profit incentive will be greatly reduced, so it won't be as lucrative), the middle men, the police agencies who used to enforce the drug war laws, the prison guards who will have less peope to guard, etc. The various police, sheriffs, and the California Correctional Peace Officer's Association, will end up contributing heavily against this initiative.

Another reason they will attack it? God forbid it works, because then it will become a gateway of a different kind. A gateway to legalization of almost all drugs. Remember when the speed limit was 55 MPH throughout the country? That took forever to change, with several states essentially stating that they would abandon a portion of their highway funds by allowing cars within their state to speed. When the federal government considered changing the speed limit, police and highway patrol agencies from across the nation objected loudly, predicting that the sky would fall, and that there would be an avalanche of speed related deaths. When the law was finally changed, within two years the numbers were in: deaths didn't go up appreciably. People had been speeding already - now they were just doing so legally.

The same thing will happen with drug legalization. All that we have now is a new Prohibition, one where the drug companies, the police, and criminal dealers and producers (organized or otherwise) benefit. And taxpayers pay the tab.

But the initiative, unfortunately, will fail. Because no one who sounds coherent will stick their neck out to defend it. And that is sad.

Dennis R. Wilkins
The Guest PD Blogger

122 Comments:

Anonymous Bail Bonds Las Vegas said...

I'm torn on the marijuana legalization issue....Without a doubt, the war on drugs has come up short for decades now. But on the other hand, do I really want my kids growing up in a world where people are baked and laughing at Doritos bags while we're shopping at Walgreens?...What about the increased amount of high drivers we'll have on the road? In my expience (i.e. childhood indescretions) w/ driving under the influence of pot, I might as well have had a BAC of 1.5.

Marijuana's legalization will lead to other much harder drugs going legally mainstream as well. It's a real FUBAR'd situation with drugs we got going on here.

5/26/2010 11:13 AM

 
Blogger Dennis Wilkins said...

Thank you for the comment, Bail Bonds Las vegas. I appreciate the rational debate. Here's the response to your points:

1) The war on drugs hasn't merely "come up short" - it has been an abject failure. Any measurement of success tells us that we aren't simply losing this war - it was lost long ago. Street prices are down, meaning that supply is up, despite billions upon billions being spent. And what with two wars going on, we don't have money in this country for everything else we want to do and ought to do - such as a decent social system for all.

As to whether your kids should grow up in a world where people are "baked and laughing at Doristos bags while we're shopping at Walgreens," I can only say that you must go shopping at different places than me. This stuff is all around ANYWAY. And legalization won't change much of that - it will still be illegal to consume in public places. But legalization will make it easier to control, because then there will be lawful places (such as the home) for people to consume without fear of arrest and prosecution. If someone is high and disturbing the peace, that person will be arrested as always - that won't change. But now cops won't be constantly searching to "bust" some low-level pot dealer - now the cops will be able to focus on keeping the streets under control.

AS to the DUI issue, DUI is actually hard to prove as to marijuana because the effects of marijuana are really in dispute. But it will still be illegal - that won't change.

Finally, I question marijuana being a "gateway drug." Alcohol is as much a gateway drug, and that is legal. Prescription drugs like oxycontin (Ruch Limbaugh, anyone?) and vicodin are far more gateway drugs than marijuana is, and those are legal. The only difference is that getting "legal" meds requires a prescription and money, meaning the righ are able to get legally high.

Thanks for the comment.

5/26/2010 12:45 PM

 
Anonymous ramsey hanafi said...

Hear hear Dennis. I'm an attorney and I understand your reasoning re: professionals not speaking up for this initiative. However I also think attorneys are in a unique position to speak up about this initiative, even if some of us aren't criminal attorneys, as we (well, some of us) do in some way have a bit more "leeway" in regards to making arguments for specific legislation. It's not as hard for us to keep things on a level unrelated to any motivation to just, well, smoke pot legally I guess you could say.

It is perfectly reasonable to say I think our jails are too full, our criminal dockets too stuffed, and our police and social service dollars too stretched to continue to treat simple marijuana possession and use as a crime in the manner we do. I have no qualms putting my name to the idea that it should be at the very least decriminalized and could be a potentially huge boon for California, as well as traditionally poor counties such as Humboldt, Del Norte, and Trinity.

With that said I lament the idea that people should be afraid of putting their name to a perfectly rational and useful initiative. We need to combat this idea and in my opinion the only way to do that is by example. We should speak up and make a name for those of us who are not just "dirty f%#*ing hippies" that want to smoke a joint without getting hassled by the cops. (Not that there is anything particularly wrong with that motivation, mind you.) I proudly signed the petition to put this on the ballot so I have no qualms putting my full name here. Thanks for your post.

5/26/2010 2:48 PM

 
Anonymous Anonymous said...

Very good article Dennis. The only thing I can add is this LINK to an 8 min. video of Judge James Gray:

http://www.youtube.com/watch?v=b6t1EM4Onaol

Don't think we (legalization activists) could find a better spokesman than Judge Gray, a conservative judge out of Orange Co. CA. Of course, it would be nice if Walter Cronkite or William F. Buckley were still around saying things like:

— William F. Buckley, Jr.
Even if one takes every reefer madness allegation of the prohibitionists at face value, marijuana prohibition has done far more harm to far more people than marijuana ever could.

Walter Cronkite
http://www.yoism.org/?q=node/355

Telling the Truth About the War on Drugs
Walter Cronkite
Posted March 1, 2006
As anchorman of the CBS Evening News, I signed off my nightly broadcasts for nearly two decades with a simple statement: "And that's the way it is."
To me, that encapsulates the newsman's highest ideal: to report the facts as he sees them, without regard for the consequences or controversy that may ensue.
Sadly, that is not an ethic to which all politicians aspire -- least of all in a time of war.
I remember. I covered the Vietnam War. I remember the lies that were told, the lives that were lost -- and the shock when, twenty years after the war ended, former Defense Secretary Robert S. McNamara admitted he knew it was a mistake all along.
Today, our nation is fighting two wars: one abroad and one at home. While the war in Iraq is in the headlines, the other war is still being fought on our own streets. Its casualties are the wasted lives of our own citizens.
I am speaking of the war on drugs.
And I cannot help but wonder how many more lives, and how much more money, will be wasted before another Robert McNamara admits what is plain for all to see: The war on drugs is a failure.
While the politicians stutter and stall -- while they chase their losses by claiming we could win this war if only we committed more resources, jailed more people and knocked down more doors -- the Drug Policy Alliance continues to tell the American people the truth, "the way it is."
That's why I strongly urge you to support their work.
You see, I've learned first hand that the stakes just couldn't be higher.
When I wanted to understand the truth about the war on drugs, I took the same approach I did to the war in Vietnam: I hit the streets and reported the story myself. I sought out the people whose lives this war has affected.

5/26/2010 8:26 PM

 
Anonymous Anonymous said...

Allow me to introduce you to some of them.
Nicole Richardson was 18-years-old when her boyfriend, Jeff, sold nine grams of LSD to undercover federal agents. She had nothing to do with the sale. There was no reason to believe she was involved in drug dealing in any way.
But then an agent posing as another dealer called and asked to speak with Jeff. Nicole replied that he wasn't home, but gave the man a number where she thought Jeff could be reached.
An innocent gesture? It sounds that way to me. But to federal prosecutors, simply giving out a phone number made Nicole Richardson part of a drug dealing conspiracy. Under draconian mandatory minimum sentences, she was sent to federal prison for ten years without possibility of parole.
To pile irony on top of injustice, her boyfriend -- who actually knew something about dealing drugs -- was able to trade information for a reduced sentence of five years. Precisely because she knew nothing, Nicole had nothing with which to barter.
Then there was Jan Warren, a single mother who lived in New Jersey with her teenage daughter. Pregnant, poor and desperate, Jan agreed to transport eight ounces of cocaine to a cousin in upstate New York. Police officers were waiting at the drop-off point, and Jan -- five months pregnant and feeling ill -- was cuffed and taken in.
Did she commit a crime? Sure. But what awaited Jan Warren defies common sense and compassion alike. Under New York's infamous Rockefeller Drug Laws, Jan -- who miscarried soon after the arrest -- was sentenced to 15 years to life. Her teenage daughter was sent away, and Jan was sent to an eight-by-eight cell.
In Tulia, Texas, an investigator fabricated evidence that sent more than one out of every ten of the town's African American residents to jail on trumped-up drug charges in one of the most despicable travesties of justice this reporter has ever seen.
The federal government has fought terminally ill patients whose doctors say medical marijuana could provide a modicum of relief from their suffering -- as though a cancer patient who uses marijuana to relieve the wrenching nausea caused by chemotherapy is somehow a criminal who threatens the public.
People who do genuinely have a problem with drugs, meanwhile, are being imprisoned when what they really need is treatment.
And what is the impact of this policy?
It surely hasn't made our streets safer. Instead, we have locked up literally millions of people . . . disproportionately people of color . . . who have caused little or no harm to others -- wasting resources that could be used for counter-terrorism, reducing violent crime, or catching white-collar criminals.
With police wielding unprecedented powers to invade privacy, tap phones and conduct searches seemingly at random, our civil liberties are in a very precarious condition.
Hundreds of billions of dollars have been spent on this effort -- with no one held accountable for its failure.
Amid the clichés of the drug war, our country has lost sight of the scientific facts. Amid the frantic rhetoric of our leaders, we've become blind to reality: The war on drugs, as it is currently fought, is too expensive, and too inhumane.
But nothing will change until someone has the courage to stand up and say what so many politicians privately know: The war on drugs has failed . . .
Americans are paying too high a price in lives and liberty for a failing war on drugs about which our leaders have lost all sense of proportion . . .
And that's the way it is.

yep ... cs

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