
Prohibition made this guy rich.
I don’t like to use this space for political argument. This blog is ostensibly concerned with literary pursuits, and I dislike the strident language of political discourse. The issues under consideration are usually too complex, the various positions too nuanced for the crude summations of politicians’ rhetoric. Today, however, I want to examine a political policy, and a cultural attitude, that is so clearly wrongheaded that stridency is possible and necessary. I want to talk about our government’s prohibition of marijuana.
In the interest of full disclosure: I do not currently smoke marijuana, but have in the past. This puts me in good company. Ted Turner, Stephen Hawking, and our current president, to name a few, have publicly admitted to using marijuana, and enjoying it. This in itself is not an argument for marijuana’s legalization, but I point to these luminaries as a counter to the notion of pot-smokers as shifty do-nothings (which is not to say that there aren’t shifty do-nothings who smoke marijuana). As Obama himself has (somewhat hypocritically) shown, there is a tendency in segments of our society to laugh off marijuana advocates and users as harmless agitators, best ignored.
This attitude manifests itself in our current policy on marijuana. Thirteen states have “decriminalized” private use of marijuana. Decriminalization can mean lowered penalties for users, or that arresting or citing users is law enforcement’s lowest priority. Decriminalization, in no cases, applies to sellers of marijuana, and is, in all cases, superseded by federal law, in the guise of the Controlled Substances Act. The problems of this false leniency and the foolish policy it veils are numerous.
While decriminalization acknowledges that users of marijuana are not a genuine threat to society, we continue to investigate, arrest and prosecute those caught with and those who sell marijuana. This results in unnecessary and exorbitant expense on state and local levels (probably around $13 billion a year for all marijuana-related arrests, prosecutions and incarcerations), as well as a terrible personal toll on those prosecuted. While it’s easy to write sellers of marijuana off as “drug dealing criminals”, their crime is a victimless one. They provide a commodity that is in high demand, a commodity whose use thirteen states (with a combined population of 115 million citizens) have deemed not a threat to society. Under any other circumstance, we would call these people entrepreneurs.
Beyond those who sell marijuana, prohibition disproportionately affects minorities. In New York, in 2007, nearly 90 percent of those incarcerated for drug offenses were black or Latino, despite demographically-proportional use and sale. Meaning that while caucasians represent the largest percentage of the population, and the largest percentage of drug users and sellers, minorities, specifically blacks and Hispanics, represent the largest percentage those incarcerated on drug convictions.
The most damaging effects of decriminalization, and of prohibition, are not felt in the United States, but in Mexico. By prohibiting Americans from responsibly supplying our vast market for marijuana, we have outsourced much of its production and resultant income to a country whose government resources are inefficient to enforce a ban on the substance. And so Mexican producers reap windfall profits, which they use to consolidate and protect their businesses through violence and the wholesale corruption of Mexican law enforcement. Illegality begets illegality. By banning the sale of a drug that is widely-agreed to be no more dangerous than tobacco, we have created an epidemic of violence in Mexico. Lifting the ban on marijuana would allow well-regulated American producers to supply a very profitable market that is currently monopolized by the lawless.
While it’s true that Mexican cartels profit from violent and illegal activities besides the production and sale of marijuana (specifically, trafficking in harder drugs, such as cocaine and heroin), the end of marijuana prohibition would free up government resources to address those activities. In the United States it would mean more resources available to attack the demand problem for those harder drugs, and in Mexico it would mean more resources available to attack the supply problem. The emergence of a legitimate supply for the marijuana market would, at the very least, severely reduce cartel incomes, leaving them with less in their coffers to pay thugs and pay off law enforcement. The legalization of marijuana would be the most devastating blow yet dealt to the cartels in the war on drugs.
So why haven’t we legalized marijuana? Here the discussion is infinitely complicated by myriad cultural and political factors. Opponents of legalization argue that marijuana has a potential for abuse. They argue that legalization will lead to increased usage by adolescents (which would indeed be harmful) and increased health care costs. Those arguments are horribly hypocritical in light of our society’s attitude towards and use of alcohol. Alcohol is the most heavily abused substance in this country. Adolescents currently abuse alcohol, alcoholics currently tax the public health system. But do we reconsider the 18th Amendment? No, we work to limit alcohol’s deleterious effects, because, as we learned during its prohibition, people are going to drink alcohol, regardless of the law.
In the same sense, people do, and are going to continue to smoke marijuana. The question is, do we continue to spend billions arresting, prosecuting and incarcerating them? Do we continue to allow violent criminals to reap the profits of the marijuana market? Do we continue to allow teenagers unregulated access to marijuna? Or do we legalize marijuna, creating billions in tax revenue, dramatically reducing cartel incomes, and making it harder for adolescents to abuse the drug?
We haven’t made the smart choice yet because politicians aren’t willing to expend political capital on the issue. They worry that supporting legalization will upset politically active constituents without any compensatory gain in support. Politicians are bad at making good decisions, but great at making popular ones. It’s time to make this good choice a popular one. Whether you smoke or not, take a minute and email your representatives and senators, let them know you support legalization, because it makes sense for all of us.

April 21, 2009