Pubdate: Thu, 21 Aug 2014
Source: Atlanta Journal-Constitution (GA)
Page: A14
Copyright: 2014 The Atlanta Journal-Constitution
Contact:  http://www.ajc.com/
Details: http://www.mapinc.org/media/28
Author: J. Tom Morgan
Note: J. Tom Morgan, former DeKalb County district attorney, is a
private lawyer in Decatur.

ANALYZE COSTS, BENEFITS OF LEGAL POT

Two states have legalized small amounts of marijuana possession. More
than 30 states have legalized marijuana for medicinal purposes.
Recently, The New York Times editorial board called for the
decriminalization of marijuana. Kenneth Thompson, the district
attorney of Kings County, N.Y., announced he will no longer prosecute
misdemeanor marijuana possession cases.

In light of the changes in the rest of the country, the Georgia
Legislature should examine whether to repeal Georgia's own prohibition
of marijuana possession. Prior to 1937, cannabis was legal and
recognized by the American Medical Association as a legitimate
pharmaceutical. It was prescribed by doctors in this country and
England; Queen Victoria was prescribed marijuana for menstrual cramps.

In 1937, prohibition had ended, and Harry Anslinger, director of the
Federal Bureau of Narcotics, needed a new cause. He convinced some
friends in Congress to introduce a bill criminalizing
marijuana.According to the Congressional Record, Anslinger gave the
following testimony: "There are 100,000 total marijuana smokers in the
U.S., and most are Negroes, Hispanics, Filipinos and entertainers.
Their Satanic music, jazz and swing, result from marijuana use. This
marijuana causes white women to seek sexual relations with Negroes,
entertainers, and others."

Congress voted to criminalize marijuana.

In 1972, the National Commission on Marijuana and Drug Abuse, chaired
by Pennsylvania Republican Gov. Raymond Shafer, recommended the end of
marijuana prohibition. Dr. Jesse Steinfeld, the surgeon general,
recommended against placing marijuana on the newly created list of
prohibited drugs. Still, President Richard Nixon and Congress
classified marijuana as a Schedule I drug, the most dangerous drug
category.

Unlike alcohol and tobacco, marijuana does not appear to cause
addiction in most persons who use the drug. Yet alcohol possession is
legal for persons over 21; there is no criminal law prohibiting
possession of tobacco products by persons of any age. Although it is
against the law to sell tobacco products to a person under 18, and it
is against the law for a person under 18 to purchase tobacco products,
there is no criminal law prohibiting the possession of tobacco
products by underage persons.

Some argue that marijuana is a gateway drug to more dangerous drugs.
Many baby boomers would dispute this assertion. In my experience
representing young people charged with possession of drugs such as
cocaine or heroin, it was the drug dealer, not marijuana, who
convinced them to try the deadly and addictive drug. Additionally,
there is no current evidence of disparity of marijuana use by
African-American and Caucasian young adults, but African-Americans are
four times more likely to be arrested for possession of marijuana.
Whether intentional or not, the criminalization of marijuana results
in racist application.

According to the Pew Research Center, 78 percent of Americans opposed
the legalization of marijuana in 1991. Today, Pew reports that 54
percent favor legalization. This number includes 52 percent of baby
boomers and 69 percent of millennials. It gets a more favorable rating
than Congress and the president.

Because of the development of the adolescent brain and our uncertainty
of the effects of marijuana on teenagers, I would not recommend
legalizing marijuana possession for persons under 21. However, instead
of criminal penalties for underage possession, I would recommend civil
penalties that could be enforced with the threat of contempt of court.
I would recommend the same for underage possession of alcohol. Young
persons who commit these offenses should not be saddled with a
criminal arrest on their records for the remainder of their lives.

The Georgia Legislature should appoint a committee to conduct an
objective cost/benefit analysis regarding the legalization of
marijuana. This analysis should examine the law enforcement costs of
enforcing the prohibition, criminal prosecution and the stigma of an
arrest on the individual charged with possession, compared with the
benefit society derives from criminalization. Ignorance, racism and a
total disregard of the scientific evidence should not be a part of the
analysis.  
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