last updated 12/14/2003

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Let's Make Drugs Legal Over the past few days I've been reading about the trial of Ed Rosenthal, and it's made think again about the insanity of our drug laws. Rosenthal was just convicted of growing marijuana in a federal court. Which is odd because according to California state law, Rosenthal was legally allowed to grow marijuana for medical use. But the federal government does not recognize California's law (Proposition 215, passed in 1996) as binding and Rosenthal is likely to serve at least 5 years under Federal minimum sentencing guidelines. The Bush administration has refused to accept the legality of California's law and has, since taking power in 2001, begun to actively pursue growers like Rosenthal. This all strikes me as bizarre on a number of levels. First, the Bush administration is supposed to represent a 'keep government off my back' political ideology, one which argues that the Federal government should not interfere with states' rights. Yet that is exactly what they are doing. The people of California, supported by the state's attorney general, support medical marijuana use. On what basis is the federal government interfering? Libertarians and lefties alike should unite in opposition to this unwarranted federal meddling. As to the merits of declaring marijuana illegal, well, there aren't any. Laws are generally passed for three reasons: they protect rights, they advance the public good, or they enforce moral codes. Clearly laws against marijuana protect nobody's rights. Most staunch defenders of individual rights argue that the government has no right to interfere with an individual's rights as long as they aren't hurting anyone else's rights. Government basically serves as mediator, preventing us from harming each other where necessary. Marijuana smokers don't harm anyone (except perhaps themselves) therefore there is no rights-based excuse for government action. One could argue that the government forbids marijuana to protect us from harm, and thereby advances the public good. Certainly the government has taken on this responsibility in other areas: the FDA forbids the sale of substances deemed to be harmful. Problem is, marijuana just isn't very harmful. Of course marijuana isn't good for you. But neither are chocolate donuts and bungie jumping, neither of which are forbidden by the government. More relevantly, alcohol and tobacco are MUCH more harmful than marijuana, yet they are perfectly legal. Both drugs kill thousands every year, and we can buy them in almost every city in the land. So why not marijuana? Perhaps you'll offer up in defense of the 'War on Drugs' those inane anti-drug advertisements that claim your purchase of pot supports evil drug dealers and terrorists. This is about 20 percent true, at best. It ignores that fact that most marijuana is grown by local all-American types like Ed Rosenthal. More importantly it sidesteps the real cause of drug related violence: the illegality of drugs. When alcohol was illegal during Prohibition (1918-1933), organized crime had a field day. When Prohibition ended, alcohol smuggling related crime dropped to zero. If you want to win a battle in the war on drugs, declare pot legal. Immediately thousands of otherwise honest citizens (like Ed) will be let out of prison. We'll also be able to use police and court resources more effectively, targeting the violent felons and parasitic corporate embezzlers who are the real problems in America. Marijuana laws exist because of the puritanical streak in America that is fearful that someone, somewhere, might be having a good time. 20th century Puritans tried banning alcohol, with disastrous consequences. The current drug war is having an equivalently terrible effect on our society. Let's stop the madness and let Ed go free. (Oh, and for the record: I don't smoke the stuff myself. I used to from time to time in my youth, but have since switched to diet soda with the occassional beer.)

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