Pubdate: Fri, 21 Jun 2013
Source: Baltimore Sun (MD)
Copyright: 2013 The Baltimore Sun Company
Contact:  http://www.baltimoresun.com/
Details: http://www.mapinc.org/media/37
Author: Gregg L. Bernstein
Note: Gregg L. Bernstein is the state's attorney for Baltimore City.
Page: 19

PERILS OF DECRIMINALIZATION

There Will Be Unintended Consequences If Possessing Pot Is Legal but
Selling It Is Not

A recent ACLU study that found disparate enforcement of marijuana laws
in Maryland and throughout the nation raises important and difficult
questions about how we use our resources to combat crime, generally,
and the possession and sale of marijuana, specifically. The report,
and The Sun's editorial in response, also highlight the
disproportionate impact that criminal enforcement of marijuana laws
can, and does, have on minorities.

As this newspaper and other media outlets have reported, I strongly
support measures that keep nonviolent offenders charged with
possession of marijuana not only out of prison but also out of the
court system and free from the burden of a criminal record, which can
severely restrict educational and employment opportunities in an
already difficult economic climate.

My top priority as state's attorney is to reduce violence in our city.
By shifting more of our resources from marijuana cases to those
involving violent felonies, we are better positioned to build on the
progress we already have made. Here's what we are doing.

Since I took office, we have doubled participation in our marijuana
diversion program, which enables people with no history of violence to
avoid prosecution in favor of education, counseling and community
service, and hopefully refrain from consuming illegal drugs.

Last year, more than 1,400 people took part in our diversion program.
Also, in 2011, along with members of the General Assembly, I worked to
pass a law that reduced the maximum penalty for possession of small
amounts of marijuana from one year to 90 days. These initiatives
reduce the arrest, prosecution and detention of individuals who
possess marijuana, and allow the limited resources of our criminal
justice system to be better used for offenders who commit acts of
violence and threaten the safety of our neighborhoods.

Before we go further and consider decriminalization or legalization of
marijuana, we need to pay careful attention to the possible unintended
consequences. For example, those who may consider marijuana to be a
less dangerous or "softer" drug compared to cocaine and heroin as a
basis for decriminalizing or legalizing simple possession need to
understand that either decriminalization or legalization of possession
does not necessarily address distribution and the violence associated
with the sale of marijuana as rival gangs compete for turf, which has
a destructive impact on our city's residents and neighborhoods. To
understand the motive for this violence, one need look no further than
the money to be made. According to one estimate, marijuana sales would
generate annual revenue of $120 billion per year if legalized, making
it larger than the U.S. market for beer.

A move toward either decriminalization or legalization would also have
implications for police enforcement efforts and public safety.
Searches based on the possession of marijuana sometimes yield firearms
and other contraband. Vermont's recent law decriminalizes the
possession of one ounce or less of marijuana, but the drug is still
considered contraband, which allows police officers to conduct
searches based upon probable cause.

Other law enforcement-related questions include consideration of the
rules governing public consumption and driving while smoking
marijuana, and how officers would be trained and equipped to determine
when a driver is under the influence of marijuana.

How about the potential adverse health effects and corresponding
societal and personal costs of increased marijuana use?

Although this incomplete list of questions is long, we must invest the
time and energy to devise answers before making a decision about
whether to change the laws governing the sale or possession of
marijuana. There is a very real risk that if we are not thorough and
methodical in our approach to confronting this important issue, we
will wake up one day and wonder how a seemingly simple decision
spawned a number of unanticipated challenges and problems.

In this regard, we would be wise to study the effect of recent laws
legalizing recreational use of marijuana in Colorado and Washington
state as a guide for potential changes in Maryland's current laws
regarding the drug, particularly given the current conflict such a law
would have with the federal government's continued nationwide
prohibition on use and possession.

Concerns about over-incarceration and the disparate treatment of
minorities in drug arrests and enforcement are legitimate. As I have
demonstrated, I am willing to innovate and take new approaches to
solve problems to make our city safer - but not without doing my
homework. I urge our legislators to carefully consider how to balance
the public policy concerns of both our current marijuana laws and
future laws, and I welcome the opportunity to bring public safety and
public health experts together to explore legislative solutions to
these issues.
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MAP posted-by: Matt