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Thursday, November 21, 1996, page 2
E.C. FISH
AMERICAN PATROL
Of pot, pills and politics
In the midst
of an election day that seemed notable only for its low turnout, residents of two states
voted to punch a fair-size hole in the status quo. While the attention of the nation
was diverted by the task of re-electing incumbents this election day, Californians and
Arizonans approved separate ballot initiatives effectively decriminalizing the medicinal
use of cannabis and in doing so fired the first serious counter-salvo in the ongoing war
on drugs in many a moon.
Legally, the step taken by
these two states is a rather small one -- manufacture, distribution and possession remain
illegal in both states, meaning that at best these measures provide a criminal defense for
them. Politically, however, they represent a giant leap away from officially
approved conventional wisdom on the topic of drugs and their ramifications could lead to a
major shift in policy.
By asserting that pot can have
legitimate uses, these measures tear a key stone out of the wall of "weed with its
roots in hell"-style demonization that the government has used to justify its
zero-tolerance drug policies for decades. Without the until-now prevailing
characrerization of pot as pure evil, such features of current drug policy as mass
incarceration, mandatory sentencing, confiscation without due process and the rhetorical
declaration of war on US citizens might begin to seem like extreme overreactions.
By making this change in
cannabis's context, Californiast and Arizonans have fundamentally altered the terms of the
drug policy debate. While the "pure evil" argument has skewed that debate
toward the concept of drugs as a law enforcement issue, the initiative's view of pot as
having a role in medical treatment effectively recasts drugs as a public health issue,
which observers as diverse as Clinton administration Surgeon General Joycelyn Elders and
Reagan administration Secretary of State George Shultz think it should have been all
along. With this change, the language of hysteria is to some measure replaced by the
language of science, raising the level of debate accordingly.
The arguments raised against
the propositions before their passage are particularly instructive as to just whose
interests are affected by drug policy, with money as usual taking a greater role than
might seem just. One of the major, though ultimately unconvincing, arguments against
passage was that the medico-pharmaceutical industry had developed a synthetic analog for
the active ingredient in cannathis that had none of pot's "side effects."
With competition from a naturally occurring product of a plant that can be cheaply grown
just about anywhere, the market for the much more expensive artificial version whose main
advantage lay in its legality was obviously threatened, and the industry fought both
initiatives hard. In the end, naked self interest lost to common sense, a result too
rarely seen in American politics. It can also be seen as somewhat disingenuous that
an industry that has made Ritalin tablets more common at American elementary schools than
M&Ms and built a "happiness industry" around Prozac and its ilk should
object to a drug's psychoactivity.
Despite the slippery slope
arguments offered by supporters of current drug policy, these measures are unlikely to
hasten the day when hard packs of 20 sinsemilla filter tips are available at the corner
market. At best, it makes marijuana a prescription drug, subject to regulated
distribution and medical protocol. Nor should the issue of abuse be belittled --
anyone who's been out in the world at any time in the last 30 yean can probably point to
any number of individuals who could serve as walking arguments against the stuff (though
to be fair, any honest adult could probably point to many more individuals who serve as
warnings against good old legally available alcohol). Nor should what happens in
these two states be mistaken for a national trend -- what effect this will have in the
other 48 remains to be seen.
Still, this could represent
the first part of a distinct shift in the way we deal with drug policy. By electing
to take the issue away from the SWAT team and giving it to the research team, the people
of Arirona and California have at least raised the possibility of replacing fear and
reaction with reason and informed decision, a hopeful sign in a political culture that's
offered very few hopeful signs lately.