Wednesday, April 29 2009
April 30, 2009
Currently, 12 states allow the use of medical marijuana; 21 have decriminalized the possession of weed.
It's ironic, really. Thirty years ago, when marijuana was the high of choice for a generation of Baby Boomers, it was inconceivable it would have any kind of legal standing in the United States. Reefer madness, after all, led to harder drug use that would addle us into blithering idiots, right?
But it is perhaps the Baby Boomers' mellow attitude about the use of marijuana that has contributed to the gradual easing of possession and use laws throughout the country.
It's a State Thing
State by state – even some states that might surprise you – are taking up legislation to legalize medicinal marijuana or decriminalize marijuana possession. In fact, a California assemblyman has filed legislation to go so far as legalize marijuana altogether.
The shifting mood is even reaching the federal level, courtesy of President Barack Obama, who, like the two other Baby Boomer presidents before him – George Bush and Bill Clinton admits to having tried marijuana when he was young. Basically his administration has told federal law enforcement in states where medical marijuana is legal to back off on federal raids of medical marijuana dispensaries.
And it is becoming more a part of a national discussion (the marijuana dominated Web-based Q&A with Obama notwithstanding).
Even the usually staid Wall Street Journal over the weekend devoted a lot of type to the debate, pro and con.
Supporters Are Lining Up
Yale University law professor Steven Duke took the pro side. He went so far as to argue that all illegal drugs ought to be legal, but the focus on marijuana was notable in its revenue possibilities.
Regulate and tax the drug, he said, just as we do with tobacco and alcohol.
"If the threat of criminal prosecution and forfeitures did not deter American marijuana farmers, America's entire supply of that drug would be home-grown," he wrote.
"If we taxed the marijuana agribusiness at rates similar to that for tobacco and alcohol, we would raise about $10 billion in taxes per year and would save another $10 billion we now spend on law enforcement and imprisoning marijuana users and distributors."
Liberal Thoughts in New Hampshire
For some states, such as New Hampshire, taking the step toward medical marijuana is a bit easier politically than decriminalizing marijuana. It is seen as a favorable alternative to ease the pain of some illness that prescribed drugs don't address.
New Hampshire, long considered a hard-as-granite conservative state, has become Democrat blue in recent years.
Its Democrat-controlled legislature is close to passing a law that would allow seriously ill patients to possess up to six marijuana plants, six seeds, and two ounces of marijuana. Patients must be certified by a physician as having a debilitating condition that would benefit from the use of marijuana.
The original House measure required patients to grow their own marijuana. The Senate version seeks to address some concerns from the centrist governor, John Lynch, about the distribution. The Senate committee that approved the measure 4-1 decided to postpone settling distribution questions until after the bill is passed, which could be this week. The committee accepted an amendment that would create a panel to study "issues related to creating a statewide system for the cultivation and distribution of medical marijuana." That panel would issue a report by May 1, 2010.
If passed New Hampshire would join Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington.
As for states that decriminalized possession they include: Alaska, Arkansas, California, Colorado, Kansas, Illinois, Maine, Massachusetts, Montana, Michigan, Minnesota, Missouri, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio, Oregon, Washington, and Wisconsin.
California Politician Wants Legalization
Could California take the next step and be the first to legalize it?
California Assemblyman Tom Ammiano filed a bill earlier this year that would make marijuana a legal commodity in the Golden State.
"This legislation would generate much needed revenue for the state, restrict access to only those over 21, end the environmental damage to our public lands from illicit crops, and improve public safety by redirecting law enforcement efforts to more serious crimes," said Ammiano in a statement.
“California has the opportunity to be the first state in the nation to enact a smart, responsible public policy for the control and regulation of marijuana.”
While strides are being made, some call outright legalization a pipe dream.
About the Author
Paul Briand spent 33 years in newspaper journalism. Based in New Hampshire, he now writes about issues of interest to Baby Boomers.
Read more of Paul Briand’s work here.