HIGHER TIMES IN THE USA

Picture this:  You’re 19 years old, living in Texas, and you decide on a lark to make some pot brownies. Then you decide to spice up the recipe a bit with some hash oil. You sell the brownies to other teens for $25. Stupid? Yes. Danger to society? Probably not. But in Texas, where some of the anti-drug laws are stiffer than almost anywhere else in the nation, Jacob Lavoro’s misguided baking and sales expedition could have landed him in jail – for the rest of his natural life. Fortunately, prosecutors saw their way to reason and reduced the charges at the last minute, but Lavoro may still do some jail time. The trial date is set for December, at which time he still faces the possibility of two to 20 years in prison.

Lavoro’s case has further ignited the debate about marijuana laws in this country, but anybody who thinks this national conversation is something new need only harken back to 1948, when matinee idol Robert Mitchum was busted for smoking at a party in Laurel Canyon, CA. Mitchum served two months at a prison farm (whatever that is) before resuming his career. At the time of his arrest, because the anti-drug movement was so big in Los Angeles, Mitchum’s plight was highly publicized, to the point that he thought his career would hit the skids. He was quoted as saying, “Well, this is the
bitter end of everything—my career, my marriage, everything." It was not, but in those days, his assumption made sense.

Robert Mitchum

What many people do not know is that as far back as the late 19^th century, marijuana became a popular ingredient in many medicinal products and was sold openly in public pharmacies. If you want to know the evolution of anti-marijuana laws, click here.

By the 1960s marijuana was a full-fledged counter-culture staple. The “Hippie” movement of the late sixties, coupled with the “free love” trend among young people, spurred sales of marijuana to astronomical numbers theretofore unseen. One might posit that the introduction of the birth control pill begat the sexual revolution, and the addition of marijuana to the sexual experience significantly enhanced everything. That “underground” image that marijuana had for much of the 20^th century has not abated much. But here we are in 2014, and 23 states have legalized marijuana use for medical purposes, and two states, Colorado and Washington have fully legalized its use for anybody.

Last year, in a piece I wrote for Discovery News I pointed out that in many parts of the world, marijuana is not a big deal. In Western Europe, South America and India, they’re looking at the U.S. and shaking their collective heads at what a brouhaha we’re making about smoking pot.  But last year, when then-Attorney General Eric Holder and CNN medical expert Dr. Sanjay Gupta both publicly came out in support of marijuana use, the tide of public opinion slightly changed. Results of a Gallup poll released late last year indicated that 58 percent of Americans favor the legalization of marijuana.  Among respondents aged 18 – 29, that figure rose to 67 percent. The most interesting finding of that poll was that support for legalization had jumped a full 10 percent from just one year earlier.

I am from a generation that counted getting high among its routine activities. I went to college with kids who were high in class. I lived with a roommate who smoked first thing in the morning. I smoked and smoked and I’m still standing and functioning rather well. The vast majority of us did not move on to cocaine or heroin or any of the other life-threating drugs

that are often the subject of anti-marijuana activists worries. Is marijuana a gateway drug to something really, really bad? I think not.

In preparation for the Discovery News piece, I spoke with Nora Valkow, M.D., the Director of the National Institute on Drug Abuse at the National Institutes of Health. Valkow is against legalization.

“Studies show that 9 percent of those exposed to marijuana will become addicted,” Valkow said. “If you are less than 17 or 18 years old, that goes up to 16 percent.”

Even for the majority of teens who do not become addicted, Valkow said there are additional known health risks.

“My main concern with marijuana is the potential detrimental effects it can have on the developing human brain,” she said. “Exposure in adolescence can ultimately affect cognitive performance, mood and motivation and drive. Marijuana can also have adverse effects on adults. If you are taking it with a high content of THC it can make you psychotic.”

I tend to agree with Valkow about adolescents smoking pot. I think there should be an age restriction placed on the purchase and use of marijuana. I certainly do not want to see a group of middle school kids gathering in the schoolyard  having a group bong experience. There needs to be reasonable caution built into marijuana laws. We are a paternalistic society, so that reasonable caution would

certainly extend itself to young people who Valkow rightfully said are not developed enough yet to risk compromise to their cognitive abilities.

To those who are so vocal about their moral misgivings about marijuana, I’d like to know why they feel comfortable with the overabundance of sugar that enters the majority of Americans’ bodies. I’d like to know why they feel accepting of the abundance of cholesterol in our diet. And why, oh why, do they so welcome the inordinate amounts of sodium we consume? I could point out the obvious, that cigarettes are still legal in the U.S., when we have had full information about the fatal outcomes of lifelong smoking, for decades.

I would further point out that the big pharmacy industry in America has somehow slid statin drugs into legality, even though they have been proven to have serious side effects that even the FDA warns against: liver damage, memory loss and confusion, type 2 diabetes, and muscle weakness. Why?

The FBI’s annual Uniform Crime Report for 2012 revealed that upwards of 750,000 Americans were arrested that year for marijuana law violations. The Drug Policy Alliance reports that of total arrests for marijuana law violations, more than 87 percent were for simple possession, not sale or manufacture. There are more arrests for marijuana possession every year than for all violent crimes combined. According to an ACLU report from last year, black people are 3.7 times more likely to be arrested for marijuana possession than white people despite comparable usage rates. Furthermore, in counties with the worst disparities, blacks were as much as 30 times more likely to be arrested.

Just like the good folks at ACLU, I support states to legalize, regulate and tax marijuana as a consumer product. I support the right of American citizens to found and operate businesses built around marijuana sales and use. I support the right of our citizens to peacefully and without government intervention, smoke marijuana in their own homes at any time. I also support the formation of trade organizations like the National Cannabis Industry Association to nurture marijuana-related businesses that will significantly enhance our national coffers and advance the interests of freedom of choice in America. In the end, I believe legalization is not so much about money or morals or a great high or anything other than that freedom of choice.

Tonight when you get home from work, when you take a couple of hits from your marijuana pipe, consider this: If you live in Oklahoma, Texas, Louisiana, Florida or Arizona, your state has the harshest marijuana laws in the country. If you want to know the penalties for marijuana possession and use in your state, click here.

As usual, I am encouraging you to speak up if you want to see changes in the law. Here’s how: Email your senators. Find their email addresses here.

Email your representatives in Congress. Find their email addresses here.

Email your governor. Find the email address here.

Just as you should speak up for your freedom of choice regarding marijuana, you already have the freedom to be heard.  I say lift every voice.