Legal Commentary

Are Politicians Finally Catching Up to Public Attitudes About Marijuana?

By TChris

The recession and its impact on state tax revenues and budgeting may be the excuse that politicians need to shift their public positions from "just say no" to "just tax the smokers." California's Gov. Arnold Schwarzenegger this week called for "a large-scale study" to assess the potential impact of legalizing and taxing the recreational use of marijuana in the state.

“I think it’s time for a debate,” he said. “I think all of those ideas of creating extra revenues; I’m always for an open debate on it. And I think we ought to study very carefully what other countries are doing that have legalized marijuana and other drugs. What effect did it have on those countries?”

A rational political debate is long overdue. The public is much more accepting of the medical and recreational use of marijuana than the legislators who represent them. Most legislators (particularly those who have served several terms) are stuck in the 1980's mindset that nobody ever won an election by being soft on crime. Whatever merit that assumption about voter attitudes retains as to violent and property crimes, it does not reflect the growing public acceptance (or at least tolerance) of recreational marijuana use. [more ...]

The evolving acceptance of marijuana consumption is illustrated by the difference in media attention given to the "youthful indiscretions" of our most recent presidents. When he reluctantly admitted during the 1992 campaign that he "experimented with marijuana a time or two" while studying in England, Bill Clinton felt compelled to add that he "didn't like it, and didn't inhale, and never tried it again." The New York Times and Washington Post nonetheless made Clinton's drug experimentation a front page story.

Contrast that coverage with the domestic media's relative inattention to George's Bush's "strong hint" that he smoked weed in his younger days. Even more glaring is the public's reaction to Barack Obama's admission that as a high school student, he used not just marijuana, but cocaine. While it's probably true (as a Washington Post story suggested) that Americans love redemption stories, it's also true that voters are a whole lot less excited about the perceived evils of illicit drug use than they used to be. This video, after all, wasn't a serious issue in Gov. Schwarzenegger's election campaign. Kids who grew up making fun of "Reefer Madness" are now adults who don't see the point of imprisoning people for sharing the indulgences of our three most recent presidents.

Most rational politicians understand (and many privately agree with) the public's changing viewpoint, but until now they have rarely had the courage to stand up in public and advocate the decriminalization or legalization of marijuana. Faced with a choice between higher taxes or shrinking services to balance state budgets, today's voters are even more inclined to consider legalizing marijuana. This is particularly true in California:

A Field Poll from April showed 56 percent of the state’s registered voters in support of legalizing and taxing marijuana for recreational use to fill some of the budget deficit.

The "legalize and tax" strategy -- or at least a "decriminalize and don't jail" approach to marijuana -- is gaining its most rapid momentum in blue states like California. Its success is uncertain given that legalization under state law can't override the federal prohibition against marijuana distribution. How many marijuana growers would be willing to sell their product openly, much less declare their income on tax returns, knowing that they might be subject to federal prosecution?

The immediate prospects for federal legalization (or even decriminalization) appear dim. President Obama recently rejected the notion that legalizing marijuana "is a good strategy to grow our economy." But states are the laboratories for democracy, and if state politicians (and newspaper editorialists) begin to support the "legalize and tax" strategy, the Democratic majorities in Congress (while we still have them) may be inclined to listen. The time has never been riper for a dramatic change in the criminal justice system's approach to marijuana use.

Full post as published by TalkLeft on May 07, 2009 (boomark / email).