cannabisnews.com: Sentencing Initiative a Step Forward on Pot Policy





Sentencing Initiative a Step Forward on Pot Policy
Posted by CN Staff on March 23, 2003 at 20:03:02 PT
By Jeffrey Miron
Source: Columbia Daily Tribune 
On April 8, Columbia voters will consider the Smart Sentencing Initiative, a proposal to make three important changes in city ordinances concerning marijuana possession. The initiative legalizes "medical" possession upon the recommendation of a physician, reduces the penalties for non-medical possession by setting a maximum fine of $25 for the first offense, and directs city officials to handle all such issues in municipal court. Under existing law, possession of up to 35 grams is a Class A misdemeanor punishable by up to one year in jail and a $1,000 fine, with such cases frequently referred to state courts.
For people like me, who support the full legalization of marijuana, the initiative is a welcome but minor step in the right direction. The initiative will not have a major impact on marijuana prohibition because both state and federal laws will continue to outlaw possession and sale of marijuana. This means the marijuana market will remain underground, with numerous undesirable consequences. The initiative nevertheless draws attention to the folly of prohibition and signals politicians that many voters support marijuana legalization. For those who oppose marijuana legalization, the initiative might seem less appealing. In fact, the initiative makes sense even for those who support marijuana prohibition. To begin, the initiative does not constitute a radical change in enforcement of marijuana laws. Rather, it makes official what already occurs regarding possession of small amounts. Few people arrested for such possession ever serve time in jail. Instead, they pay a fine and receive probation or a continuation without a finding, subject to "good" behavior for a period after the arrest.The main effect of the current law, therefore, is to force police, prosecutors and judges to spend valuable time making arrests and dealing with the associated administrative and bureaucratic tasks rather than focusing on serious crime. The Smart Sentencing Initiative means police can sanction small-scale marijuana possession with a fine, as occurs now for many traffic violations. This is in practice what already occurs at much higher administrative cost.In a study I completed recently in connection with decriminalization proposals in Massachusetts, I estimated decriminalization would save the state about $24 million per year in police resources. The savings to Columbia would be a fraction of that total given the smaller scale of police enforcement, but the proportional savings should be similar - about 1.7 percent of the expenditure on police.A second benefit of the initiative, even for those who support marijuana prohibition, is to "make the punishment fit the crime." Under current law, people found in violation can have their cases referred to state court, where a conviction means loss of access to federal student loans. This is a severe penalty for someone whose only offense is, say, possession of a single joint, especially since convictions for rape or robbery do not eliminate eligibility for federal financial aid. Under the initiative, "youthful indiscretions" do not have permanent consequences on a person’s ability to pursue higher education.The initiative also makes sense for anyone who accepts that people with severe illnesses should be permitted to use marijuana when a physician believes such use constitutes effective treatment. By allowing possession for those who have the recommendation of a physician, the initiative puts marijuana on the same footing as morphine and cocaine, two prohibited drugs that can be legally prescribed by doctors under appropriate conditions.The main concern of those who oppose the initiative is fear that decriminalization will increase marijuana use. Existing evidence, however, based on decriminalization in numerous cities, states and countries over several decades, provides little indication that decriminalization increases marijuana use.This result might seem surprising because standard economic principles suggest that lowering the penalties for marijuana possession should increase use. The reconciliation between this perspective and actual experience is that decriminalization typically ratifies what has already taken place in the form of reduced enforcement of marijuana laws. The same situation likely applies in Columbia, so marijuana use is unlikely to increase because of changes embodied in the initiative. The Smart Sentencing Initiative is therefore a sensible modification of existing law even for those opposed to marijuana legalization. Some might nevertheless oppose the initiative on the grounds that decriminalization is the first step down a slippery slope toward full legalization.Would that it were true! In fact, the decriminalization experiments that occurred in 11 states during the 1970s were followed by an enormous escalation of the war on drugs over the subsequent two decades. And the de jure and de facto decriminalization experiences of many other countries have had no discernible effect in pushing the United States away from prohibition.Indeed, decriminalization of the kind embodied in the Smart Sentencing Initiative probably weakens support for legalization, since it eliminates the most extreme practices of prohibition, thereby reducing the outrage associated with these excesses. This might give legalizers reason to pause but should reassure those who are worried about slippery slopes.In sum, the Smart Sentencing Initiative is a modest change in current practice that better aligns the benefits and costs of marijuana prohibition. Columbia voters of all persuasions should be proud to vote in favor in April.Jeffrey Miron is a professor of economics at Boston University in Massachusetts.Complete Title: Smart Sentencing Initiative a Step Forward on Pot PolicySource: Columbia Daily Tribune (MO)Author: Jeffrey MironPublished: Sunday, March 23, 2003Copyright: 2003 Columbia Daily TribuneContact: editor tribmail.comWebsite: http://www.showmenews.com/Related Articles:Voters Should Reject Misguided Marijuana Move http://cannabisnews.com/news/thread15777.shtmlBallot’s Marijuana Initiative Deserves Attentionhttp://cannabisnews.com/news/thread15735.shtmlPot Issue Elicits Clash of Interests http://cannabisnews.com/news/thread15734.shtml
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Comment #4 posted by FoM on March 24, 2003 at 07:30:38 PT
Virgil
Thanks for all the information. I really appreciate Pot-TV using CNews Links. I can't speak for other web sites but we get 800 reads on many articles. Some aren't accessed as much but I'm happy with the numbers. I don't know why other sites numbers are lower. We are in a major war and this time of year is always slower so I'm content. If the world doesn't blow up we will pick up in the near future. I continue to pray for peace.
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Comment #3 posted by Virgil on March 24, 2003 at 05:35:05 PT
It's a real bummer
The more I read about what is going on the worse it all appears. There is an article up now taken from indymedia-bolivia at marijuana.com that makes it clear the bastardness of the US and its drug war which is really a ploy to rob people of their freedom and resources- http://www.marijuana.com/article.php?sid=6037&mode=&order=0 It shows just how ruthless we are in controlling everything.I have said before that Republican is a dirty word when used in reference to the Republican Party and unfortunately the Democrats are not much better. Doc Zombie is a kindred spirit and when he recently wrote about the Republicans it reminded me of how bad it all really is. Doc is active in the demonstrations in Atlanta and he wrote about the protest in a posting at marijuana.com about the protest in Atlanta and all over America in a piece called "Show Me What Democracy Looks Like"- http://www.marijuana.com/article.php?sid=6033&mode=&order=0I am going to copy his writing called "Morons" posted in that thread at 5:04MST on 3/24. First I want to say that all four of the links to pot-tv for today- http://www.pot-tv.net/archive/shows/pottvshowse-1844.html - have links coming to Cnews. Second, I am still amazed at how few people use the cannabis portal to see the reality of fascism in government as witnessed by what I think of low numbers of readers at marijuana.com and pot-tv and even here. Third, things really are bad and it is not funny at all. They impeached Clinton over something that is not an impeachable offense and investigated him to the tune of $60 million dollars and now we have the charges drawn up by the the law professor at the University of Illinois and by Robert McNamara as can be seen at votetoimeach.org and not one person in Congress will stand up for our country because he cares more about his job than the country. Doc's words follow because more people need to read what he says. Legalizing cannabis will be like liberating Paris in WW2. We can do it but it will have to be in the context of the war against fascism.Bah.. Im sick of reading half-assed, barely literate oozings from people who wouldnt know a fascist if it stuck a bayonet in their ass. Or stuffed them in jail with no reason.Im sure if you go look arund there must be millions and millions of hard-core, rightwing groups salivating to legalize mary-ju-wanna.Get a clue.The Bush People represent the Republican party casting off its camoflage of "americanism" and manifesting its Fascist Dream. The dream of taking over the world, to snatch control of OIland Water and Timber , and Minerals so that all the lowly creatures (non-whites, non-republicans) can pay them money every time they need a drink or something to eat.Its a huge takeover dumbass!Republicans started it, republicans escalate it, republicans profit from it. Republican = Anti-marijuana.Hoover, Anslinger, Nixon, Ford, Reagan, Bush I, Bush II all hate you for smoking marijuana or saying anything nice about it.Republicans are not very american if you look into their values. They hate people they want to control people they want to tellpeople whats right and whats wrong and they get high off moral superiority.Repression, lying, hatred, bitterness, sneakiess, rigged elections, racist good olbot network... ALL of that is the hallmark of the republican. Republcians like the PATRIOT ACT..Republicans Wroteit. Republicans defend it. They are ENEMIES OF A FREE PEOPLE.They have to put all this repressive bullshit in place to screw the poor out of the spoils of the american system, which is based on the theft of natural resources. The invasion of iraq is a hiest...nothing less. An ultra-violent takeover of a sovereign nation.Screw their propaganda BS about weapons. We have the cornmer n the WMD market.I have no idea how peple can claim to have republican "values" and think they can workl for legalization.Hopefully youwont get hurt when they stage the next "terror" event they need to call a Code Red and stuff americans ito their homes and let the Police run totally amok under the guise of "Homeland Security."Wake up dumbass.Save America IMPEACH THE BUSH PEOPLE!
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Comment #2 posted by afterburner on March 23, 2003 at 22:33:15 PT:
The DEA Is Addicted to Prohibition.
They need treatment, but will they accept their need, or will they duck and hide and commit violence, like true addicts?ego destruction or ego transcendence, that is the question.
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Comment #1 posted by Virgil on March 23, 2003 at 22:13:23 PT
Just stuff
On April 8, Columbia voters will consider the Smart Sentencing InitiativeSounds like Congress might be volunteering a grant to send electronic voting machines and trained attendants to see that the voting is on the up and up. April 8th is also the date that the 5 year review of the UN policy to abolish or at least almost abolish in the 10 years ending in 2008 all use of illegal drugs from the face of the earth begins in Vienna. They still can succeed with their goal of eliminating use if they will nuke the world.There will be an alternative or shadow convention that will from April 10 to 13 by the ICN (The International Coalition of NGO's for a Just and Effective Drug Policy (ICN) currently consists of 126 organisations from 32 countries. http://www.edprc.org/index.php?Art=who )ICN is only one group that will be there and they are a big group as can be seen at the link on the left of all these pages identified with the words "Who We Are"There will be a march on April 12. From http://www.edprc.org/index.php?Art=internationalICN will hold a demonstration in Vienna on April 12, starting at 3 pm from University of Vienna (Schottentor, 1st district). After a long march and before reaching the UN "island" Centre where the UN drug summit takes place, thousands of people, while crossing the bridge over the Danube will again spread the seeds for drug policy reform. This will mark the total failure of the "drug free world" strategy decided five years ago in New York. At the same time, other bridges will be crossed from Jamaica to New Zealand... People worldwide are aware and in the need for a new chance for the world, and a new model of society where another drug policy is possible...
Between 10 and 17 april, a range of events will take place in Vienna during the meeting of the UN Commission on Narcotic Drugs. These events include a counter summit, press conferences and a public manifestation in Vienna on 12 april, under the slogan 'Spread the seed'. From http://www.edprc.org/index.php?Art=viennademo&Lan=english During the demonstration, that will lead to the UN Centre in Vienna (where the UN Summit takes place from 8 to 17 april) there will be a balloon launch (spreading seeds of cannabis, opium and coca) at the Danube bridge.This is a well developed website that has text from the New York Conference to the 14 speeches of the MPs that met in Brussels on March 3 and text speaking of alternatives to prohibition under a link on the legt of similar wording just like the link worded "Why drug policy should be changed."This is a big showdown against the insanity that has prevailed at the US insistance. It could be the US holds its position and European countries will abandon the hard line approach the US is addicted to and must have. A break and not bend policy can only mean a break has to happen. 
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