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STATE LEGISLATURES MUST TACKLE MARIJUANA REGULATION

Current Drug Laws Are Antiquated And Riddled With Loopholes, Making Enforcement Difficult

In the words of Bob Marley, "Some call it tamjee, some call it the weed, some call it marijuana, some of them call it ganja." Its aroma lingers in empty stairwells.  Its psychoactive substance, THC, makes an exciting addition to baked goods.  It has proven medical advantages, and in the history of this nation it has never directly claimed a life. 

Whatever you call it, it is the subject of some shabbily concocted legislation and the cause of a debate that has become increasingly relevant in Washington state. 

Marijuana is a cash crop in our state.  About $30 million of weed is seized within state limits on an annual basis, yet this number only reflects the amount of pot confiscated during raids of home-growing operations.  It does not account for the product that is exchanged by drug trafficking organizations. 

For example, in June and July of 2009, 110,264 pot plants were discovered and removed from a commercial tree farm east of the Tri-Cities.  The estimated street value of the plants was $200 million.  This bust should hit home for Washington residents, because a drug cartel is the suspect of the operation. 

According to the National Drug Intelligence Center's 2009 Threat Assessment, foreign drug trafficking represents the greatest organized criminal threat to the western United States.  In lieu of these large-scale operations, the prosecution of individual marijuana users seems trivial. 

Regardless, one pot smoker is arrested every 43 seconds in the United States.  At a fundamental level, this has eroded our respect for the law.  Indeed, 40 percent of Americans have tried weed at some point in their lives, yet our legal system continues to classify this overwhelming demographic as criminals. 

Law enforcement officials are equally frustrated by disparities in marijuana legislation. 

Pullman Police Cmdr.  Chris Tennant said, "Our middle-ground laws are extremely poorly written and leave agencies struggling to determine what exactly the law is." Tennant said the Pullman Police Department made 110 arrests for marijuana possession last year. 

With so many loopholes in the system, it's hard to know where to draw the line. 

The good news is that Washington is taking steps in the direction of change.  Several cities and counties have adopted "lowest law enforcement priority" ordinances like Seattle's Initiative 75, which made adult marijuana use the city's lowest law enforcement priority. 

With a doctor's recommendation, Washington residents can now possess a limited supply of marijuana.  In the past, the struggle has been how to obtain the drug.  But business-savvy suppliers have found ways to work the system.  In fact, a handful of law-abiding dispensaries in Spokane sell weed to qualified patients for medical purposes. 

On the policymaking side, proposed Senate Bill 5615 would reclassify adult possession of marijuana as a civil infraction that warrants a $100 fine. 

This new and lenient approach may seem a bit baked, but the Washington State Office of Financial Management reported annual savings of $17 million if SB 5615 passes.  Of course, a percentage of that $17 million would be used to fund drug-treatment and drug-prevention services. 

Nonetheless, Tennant warns that decriminalization is not a solution to the problem. 

Whether it's a criminal or civil offense, it will still be against the law," he said.  "People are trying to find little ways to make marijuana legal, but enforcing them is very difficult.  We, as a society, need to make a decision." As a society, we may be ready for marijuana legalization.  But our government, fraught with bureaucracy and convoluted moral tradition, is incapable of sudden policy shifts.  For now, we should keep our focus at the state level and settle for options like Senate Bill 5615.  It may not be the solution, but it's a move in the right direction. 

The bill, which has been up for committee debate before, will be reconsidered by Washington legislators in 2010.  Until then, we should foster openness and embrace reason in the discussion of marijuana and its role in our state's economy, law enforcement and medical system. 

A fresh bowl of logic is ready to be lit.