Pubdate: Mon, 22 Oct 2012
Source: Oregonian, The (Portland, OR)
Copyright: 2012 The Oregonian
Contact:  http://www.oregonlive.com/oregonian/
Details: http://www.mapinc.org/media/324
Author: John Fisher
Note: John Fisher is a former Polk County district attorney and was a 
prosecuting attorney in Oregon for more than 20 years.

REASONS WHY VOTERS SHOULD LEGALIZE MARIJUANA WITH MEASURE 80

Everything The Oregonian said in its editorial opposing Measure 80 is 
true. Nevertheless, the editors miss the forest for the trees. On 
Nov. 6 voters should legalize marijuana. This is why:

First, criminalization breeds disrespect for the law. To successfully 
enforce a law, it must be supported by an overwhelming percentage of 
the population. Surveys show support for marijuana legalization at 
about 50 percent. In a situation reminiscent of Prohibition, millions 
of Americans smoke marijuana. They, as well millions of others, 
believe marijuana laws are hypocritical and misguided. Hypocrisy 
breeds disrespect. This disrespect taints the entire criminal justice system.

Second, enforcement is arbitrary. The odds of apprehension are very 
low. Violating a criminal law should result in swift and certain 
apprehension and conviction, which is certainly not true of marijuana 
enforcement.

Third, conviction for a marijuana-related offense is devastating and 
grossly disproportionate to the seriousness of the crime. Millions of 
people smoke, grow or sell pot, but for those who are caught, the 
outcome can be extremely harsh. Distributing, growing or possessing 
more than an ounce is a Class A or B felony. Convictions at this 
level both destroy prospects for a normal life and fall 
disproportionately on the young and especially people of color. 
Prosecutors say they use charging decisions or plea bargains to 
achieve just results. There are two drawbacks to this argument: the 
occasional innocent defendant ought not have to choose between 
pleading guilty to a lower-level crime or risking a felony conviction 
by going to trial on a more serious charge; and there is no recourse 
if someone is prosecuted by a district attorney who refuses to plea 
bargain as a matter of principle or is interested in padding his 
felony-conviction statistics, both of which happen in the real world.

Fourth, marijuana prohibition encourages organized crime. Although 
much of the marijuana used in Oregon is homegrown, much is imported 
from Mexico by drug cartels, which are ruthless and violent. Their 
presence is bad for Oregon and horrendous for Mexico.

Fifth, regulation and taxation would provide substantial income to 
government. Marijuana may be America's largest cash crop with 
estimated annual sales of more than $35 billion, more than corn and 
wheat combined. Taxation could provide public interest programs that 
discourage use by minors, fund treatment programs and still leave a 
lot for county and state government. This would especially benefit 
rural counties suffering from loss of timber revenue.

Sixth, law enforcement is addicted to money from the drug war. Drug 
forfeitures and fines produce substantial income for police. This 
skews enforcement away from other crimes. This is just wrong. Person 
and property crimes deserve greater emphasis than drug enforcement.

Finally, we can't depend on the Legislature to legalize marijuana. 
Though we wish the Legislature would take on serious issues, most 
legislators just strive to avoid controversy -- and legalization of 
marijuana is controversial. So it is up to the people to show the way.

For all these reasons, marijuana should be legalized now. Let the 
Legislature amend the silly and stupid parts of the initiative, but 
don't allow its weaknesses to obscure the main point. Oregonians have 
been first before in acknowledging changes in societal norms. We may 
as well be first again.
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MAP posted-by: Jay Bergstrom