Since the marijuana legalization law in the state of
Washington has become “official” a few weeks ago, I suppose some people outside
the state are what effect it has had on the orderly running of society and
civilization in general. Has there been an increase in “stoned” junkies
wandering the streets like zombies? Frankly, I rarely encountered one before
(at least not on the street), and I haven’t encountered any lately that I could
positively say were “high” on anything other than alcohol or their own
self-obsession.
Are people standing outside workplaces taking “pot” breaks? I
suppose it depends on what “business,” but I haven’t made such an observation.
How about an increase in driving under the influence of marijuana? Not that
I’ve heard. Surely pot smoking has become “acceptable” enough that people feel
comfortable taking an occasional toke while waiting at bus stations or standing
in line at sporting events? Well, not precisely. How about a “toke” in your own
front lawn, daring police to interfere with your rights? Don’t see much of that
either.
While it seems that there is an occasional individual who
smokes weed in public just as a political statement, if there is any increase
in usage, it is strictly a private affair. The truth of the matter is that
marijuana legalization has had little “negative” impact on civilization, which
suggests that it was never really the problem prohibition fanatics, law
enforcement, the medical establishment and right-wing politicians claimed it
was. Oh sure, sometimes you can catch the noxious aroma you would prefer it not
to be found (like public transport), or strangers trying to sell you some out
on the street as if you’ve gotten into the habit, but it hasn’t been the public
menace as some have claimed.
The reality is that pot use hasn’t increased perceptively—those
who are smoking it in public likely already did so privately—nor has it led to
increases in crime or vehicular accidents. Some may suggest that there is a
potential “positive” result of marijuana legalization, as far as persuading people
not to use “hard” drugs when a legal one is available, although that has not
been proven.
All this hasn’t stopped some cities and towns to try to
skirt the law by making it illegal to sell marijuana, which would seem
counterproductive since it would make something a criminal activity when the “target”
is legal to use. Naturally, small right-wing communities like Fife and
Wenatchee are “fearful” and paranoid of marijuana use when alcohol consumption
is far more dangerous to public order. Bigger communities like Kent also want
to prevent the establishment of marijuana shops, and one gets the impression
that making something legal which previously gave police an excuse to
intimidate the population (especially minorities who don’t fit the right-wing
political profile) is not a desired result, although the city council
apparently is “considering” a zoning ordinance to allow businesses to open,
which is being opposed by the Kent's Land Use and Planning Board.
The law passed by Fife to prevent the retail of marijuana is
in court, opposed by several plaintiffs who wish to exercise their right to do
so. Meanwhile the Kent Reporter is
reporting that "’The city of Kent Law Department will closely monitor
these cases as they move forward, but there is nothing about them currently
that would cause the department to caution the City Council not to proceed with
consideration of zoning options for recreational marijuana as planned,’ said
David Galazin, assistant city attorney, in an email last week.”
I’m not certain exactly what this double-talk means, but Galazin
went on to praise State Attorney General Bob Ferguson, who has been rather
politically cowardly in the matter. Ferguson claims that since there is no “specific”
language in the initiative passed by the people that states that local
communities cannot pass ordinances against the manufacture or retail of
marijuana, that municipalities can do as they wish to ban it—which is actually
an effort to de facto ban its use, if
it is not “readily” available. However, common sense would suggest that the
initiative’s sponsors and people who voted for it believed that the
legalization of the manufacture and sale of marijuana was not to be completely
disallowed by local governments; this is certainly a deliberate misreading of
the initiative.
While Ferguson supports the right of localities to “trump”
the initiative, he nevertheless opposes efforts to allow federal law to trump
state law. "I-502 accomplishes the legalization of marijuana, a regulatory
system, and we believe local jurisdictions can opt out on the sale of marijuana
but I do not believe federal law preempts the ability of Washington state to
create the regulatory system, If a court concludes federal law preempts I-502
that could have the effect of concluding the initiative itself is
unconstitutional."
It looks like a bumpy road ahead for the ultimate resolution
of marijuana legalization, depending on how federal courts rule on it. The
Obama Justice Department doesn’t seem keen on opposing the legalization laws in
Washington and Colorado, and one would think that these states should be
permitted to be a “testing ground” for what exactly are the effects of
legalization. I happen to believe that the “effect” will be minimal, that use
will remain largely among those who were likely to use it to begin with, the
only change being that they can do so without fear of being arrested in the middle
of the night while taking a private toke.
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