By James P. Gray
Based upon my experience as a former federal prosecutor and my 25 years as a trial court judge in Orange County, I have concluded that our nation’s policy of Drug Prohibition has failed. Actually that is not a strong-enough statement. Drug Prohibition is the biggest failed policy in the history of the United States, second only to slavery!
But now we have a great opportunity. In November 2012, we may face an initiative on the ballot in California that would regulate marijuana like wine, and a similar initiative will probably also be on the ballot in Colorado. Support these initiatives and help us make history!
As you probably know, even though it is fully illegal under federal law, marijuana is still California’s largest cash crop (number two is grapes!). And marijuana is also the largest source of revenue for gangs and criminals. By passing Regulate Marijuana Like Wine (www.RegulateMarijuanaLikeWine.com), we can take much of that money away from these violent groups. Of course, the additional benefit of being able to tax the sale of marijuana is not the main reason to vote for this initiative, but the extra tax revenue won’t hurt either.
We all know that regulating marijuana like wine will not eliminate these criminal organizations, but understand that today Mexican drug cartels are not planting illegal vineyards in our national forests in competition with Robert Mondavi. In addition, teenagers are not selling Jim Beam bourbon to each other on their high school campuses, but they are selling marijuana to each other all the time. Why? Because it is illegal!
You will see that the initiative expressly does not change any laws or regulations about driving a motor vehicle under the influence of marijuana, people using or being impaired by marijuana in public or in the workplace, furnishing marijuana to anyone under the age of 21 or allowing anyone under the age of 21 to purchase, possess, sell or use marijuana.
The initiative also expressly prohibits any advertising of recreational marijuana. And it mandates the California Department of Alcohol Beverage Control to establish a workable system for the manufacture and sale of marijuana, with the wine industry being used as a model.
Yes, even under this new initiative it will still be illegal under federal law for anyone to manufacture, buy, use or possess marijuana. But does anyone honestly believe that the federal government has all of the answers? To the contrary, don’t you agree with me that people in California, Colorado and all the other states are adult enough to decide how best to control their health, safety and welfare regarding marijuana and hemp?
Recently the Drug Enforcement Administration released a statement that marijuana has absolutely no accepted medical use. Note that this pronouncement did not come from the U.S. Surgeon General or any other medical professionals. Instead it came from police officers, who are literally attempting to practice medicine without a license, and who are purporting to be more of an authority than either the voters of California or 15 other states who passed medical marijuana statutes, or the hundreds of medical doctors who recommend the use of marijuana to their patients.
You and I now have a large opportunity to put those recommendations into practice. Personally, I believe that the most effective and patriotic thing I can do for the country I love is to help us repeal the failed and hopeless policy of Drug Prohibition.
What better thing can you do for the country you love?
James P. Gray is a retired Orange County Superior Court judge, a former federal prosecutor in Los Angeles and the author of Why Our Drug Laws Have Failed and What We Can Do About It. He can be contacted at jimpgray@sbcglobal.net or through his website at www.judgejimgray.com.
