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Steve Francis: Debunking call to legalize marijuana

Marijuana usage is a social ill that needs to be fought against - not legalized.

This spring, drug legalization advocates cheered as a series of policy and public opinion victories seemed to suggest that California marijuana policy was ripe for a sea change. Taking a closer look reveals that the case for radical pot propagation is still irreparably flawed and lacks support among everyday people.

San Diego: Steve Francis is a  local businessman, former candidate for San Diego mayor and former Nevada assemblymember.

Steve Francis is a local businessman, former candidate for San Diego mayor and former Nevada assemblymember.

San Diego: sdnn-opinion5First, let me address some polling results that have been analyzed speciously. The findings from a Field Poll released in late April suggested a majority support among California voters (56 percent) for legalizing and taxing marijuana. Though these numbers have been hailed by legalization activist groups, they are more indicative of taxation preferences of poll respondents than their drug policy viewpoints. The pot tax question was one of a dozen proposed tax hikes asked on a budget balancing themed survey, which included a hypothetical “carbon tax” on jet fuel and a new surcharge on pornography sales. Not surprisingly, respondents expressed their disdain for tax hikes on themselves (by a near three-to-two margin), while strongly casting their loud support for “sin taxes” and those not perceived to affect everyday residents. What better way to balance Sacramento’s ever-widening billion-dollar budget gap with taxes on a controlled substance that is not even legal?

Counterpoint: Arthur Salm: Legalize marijuana

The Field Poll was subsequently followed by a Zogby national poll in mid-May which found apparent support (52 percent) for “the government’s effort to legalize marijuana.” However, the question was strongly influenced by a preceding statement, which is full of fallacies about the drug war. Zogby International had asked 3,937 American voters the
following:

“Scarce law enforcement and prison resources, a desire to neutralize drug cartels and the need for new sources of revenue have resurrected the topic of legalizing marijuana. Proponents say it makes sense to tax and regulate the drug while opponents say that legalization would lead marijuana users to use other illegal drugs. Would you favor or oppose the government’s effort to legalize marijuana?”

It’s not difficult to see that many Americans, if polled, would indicate their support for drug legalization if prompted this way.

Surrendering to drug dealers and the billion-dollar international drug trade is not the fiscally conservative, tough-on-crime solution - quite the opposite. More crimes will be committed with legalized marijuana, just as more related crimes are committed in firearm and alcohol friendly nations than those that are not. Furthermore, consider that all controlled substances in our county (alcohol, tobacco, firearms, etc.) have grown to develop powerful legal, lobbying and political divisions that seek to reduce corporate liability, weaken regulations and influence public elections to increase profits and market share. Grievous harm and criminal acts inflicted under the influence of controlled substances occur without corporate accountability. Are Golden State citizens to expect anything less from a legitimized marijuana  industry?

Taxing pot is not a feasible proposition. Legalization advocates must answer the fundamental question: how would taxes be realistically collected from a controlled substance that is - at its essence - a modicum of soil, a planter, and a weed?

San Diego: The debate rages on.

The debate rages on.

Remember that through Proposition 215, the 1996 state ballot measure that legalized medicinal marijuana in California, those with a physician’s approval are free to cultivate marijuana plants; if we were only speaking of taxing processed pharmaceuticals with marijuana’s active chemical compound, the outcome might be different. Raising a hypothetical marijuana tax could therefore encourage only more illicit cultivation, perpetuating the black market of illegal drugs.

Even if pot were somehow relatively simple to tax, prior experience suggests its revenue would be greatly outweighed by new taxpayer obligations. According to a report released by the Marin Institute last summer, the total economic cost of alcohol use is $38 billion annually, with $8.3 billion shouldered by government agencies for health care treatment of alcohol-caused illnesses and injuries, crime costs, traffic incidents, and reduced worker productivity. The $1.5 billion in sale tax revenues from annual state alcoholic beverage purchases, along with more than $360 million in state excise taxes and industry fines and fees only cover a mere 22 percent of total government costs, and there’s every reason the public should expect the same result with legalizing marijuana.

Related Links: More by Steve | Marijuana advocates rally at county building | Marijuana found at Imperial Beach | Undercover operation nets medical marijuana patient | Medical marijuana cards no longer a pipe dream? | Legalize marijuana to save California? Maybe…More politics

Still, pot advocates were emboldened by the end of San Diego County’s refusal (and the refusal of nine other counties) to enforce California’s medical marijuana law, after the U.S. Supreme Court failed to hear the municipality’s last appeal that Proposition 215 violated federal drug laws in our federalist form of jurisprudence.

This was preceded by the U.S. Attorney General’s policy shift that federal raids on medicinal marijuana dispensaries will cease. What San Diego residents can expect now is a swelling of new cannabis dispensaries in residential neighborhoods and other areas not restricted by local ordinances. As recent reports indicated, Los Angeles, which has enforced Proposition 215 for over a decade, now has more dispensaries (600+) than Starbucks coffee shops and McDonald’s restaurants. If this could happen in lax LA, then why not San Diego?

Our state shouldn’t consider changes in drug policy when we are unable to treat the drug addicts we already have. According to a recent poll of 505 California adults commissioned by KeepComingBack.com, 45 percent of state residents have tried marijuana, and of those who have abused drugs in the past year, nearly half (42 percent) stated they were not ready to stop using. Our limited public health dollars are better spent upon bringing these addicts into treatment. False restrictions on legalized pot use, such as a minimum smoking age, won’t deter teenagers and other young people from dangerously experimenting with the drug; the KeepComingBack.com poll found that of those state residents that have tried marijuana, 51% first experimented before they turned eighteen years of age.

Legalizing marijuana is a solution to a problem that doesn’t exist.

San Diego families are safer under a nation that is committed to fighting the social ills that exist today, rather than endorsing new ones that we can live without.

Steve Francis is a  local businessman, former candidate for San Diego mayor and former Nevada assemblymember. He is an SDNN political columnist.

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Comment by: Paul Freeman Posted: July 20, 2009, 4:22 pm

It seems every article I read discounts the real revenue brought in by AB 390- tourism. Gambling and prostitution are legal in Las Vegas, and their entire tourism industry is heavily dependent on these two vices, and we haven’t brought about the end of the free world letting these things become legal. I need to address arguments I’m tired of hearing educated people embarrass themselves by making.

1. “Marijuana legalization is a bad idea because people shouldn’t do drugs.”
Caffeine is a drug, alcohol is a drug, and nicotine is a drug. These things are legal, but this argument seems to indicate that these also should be outlawed.

2. “Marijuana causes violence and crime.”
Because it’s illegal, and unregulated, people choose violent solutions when business goes bad. You can’t sue someone or take them to a credit agency because they didn’t give you the drugs you paid for. Remove it from the black market and you end these kind of problems by giving the consumers and distributors legal venue for restitution.

3.”People will dodge the taxes so legalizing it won’t make any money.”
People dodge taxes on cigarettes by driving to the next state to get them, and that’s hardly an option here. People are lazy. Booze and cigarettes are expensive but only a motivated minority brew their own beer and grow their own tobacco. Increased cost from the per-weight tax is offset by the overall price reduction as open-air price competition drives the price down. $50 for a $400 oz. is not much. I think the potential tax revenues are badly understated, not overstated.

4. “Legalization would be a public health disaster.”
This overlooks the most important fact, that people smoke this substance because that’s the most cost-effective way. If it were cheaper and merchandise aimed at it’s use easier to acquire, you would see an increase in eating and vaporizing it, both of which sidestep the lung associated problems. Beyond that the only ill effects are the same as those from many legal prescription drugs.

5. “Marijuana is a gateway drug and using it leads to using harder drugs like heroin and cocaine.”
This argument is actually one from the original scare campaign by Harry Anslinger almost a century ago. It has repeatedly been shown that tobacco and alcohol use are more reliable indicators than marijuana use. But let’s not forget the most important effect observed: In order to obtain marijuana you have to enter the world of illicit drug dealing, where anything goes. Dealers profit more from coke, methamphetamines and opiates because they are substantially more addictive. By forcing people to go underground to get pot, you force them to deal with people who want them to use something more profitable. Ironically, prohibition itself becomes the gateway.

6. “People will smoke and drive, and we will need to find a way to test for recent marijuana consumption and intoxication to enforce DUI laws.”
I am good friends with a couple police officers, one retired and one active. They both scoff at this question because both tests already exist and are already used. When you get pulled over, you may notice the officer does not immediately test your breath for the presence of alcohol. First they make you prove you are impaired, by performing several simple tests to established that you are intoxicated. They do things this way because it’s important to establish that the driver was intoxicated and that intoxication impaired their ability to safely operate the vehicle. You can go to jail after only having one beer, if that one beer impaired you. Many of the same impairment tests already employed can be used to detect an operator impaired by marijuana, including testing for horizontal nystagmus (jerky movements of the eyes,) backward alphabet recitation and several others. If the driver fails, you can perform a saliva test to determine if they smoked in the last 4-6 hours.

7. “Large outdoor grow operations cause a significant environmental impact.”
In a country that freely manufactures petroleum products, barely recycles and still drinks bottled water, I am almost surprised to see this argument. The fact is that most of the pollution occurs now as a result of illegal operations in California’s state parks. Legalize this operation and you give people who are growing an incentive to protect the environment- staying out of jail. Like any other business, agricultural or otherwise, this behavior is controlled by the EPA through fines and penalties or jail time.

8. “Marijuana can be laced with other substances like crack, methamphetamines, PCP, and even embalming fluid.”
Once again, this happens because marijuana is running with a bad crowd. Because law enforcement treats it as the same or similar, it winds up being sold by the same kind of people (people who have no qualms about contaminating a largely non-addictive product with one that is more addictive.) Legalized, you can prevent this- competition would motivate businesses to sell a product free of contaminants. Many marijuana users are purists, too- products contaminated with pesticides and additives are unlikely to do well, especially with the majority of California having an infatuation with organic products.

9. “People will make stupid mistakes while under the influence of marijuana.” Really? I’ve seen this one posted often enough to warrant replying to it, even though I find it laughable that anyone would make it. Listen up, all of you people who get drunk and stoned and do stupid things you regret: [b]you are still responsible for the things you do because you made the decision to impair yourself.[/b] I am beyond sick of hearing people sidestep responsibility for the things they regret doing. If you know that you have poor decision making ability when you drink or smoke, don’t put yourself in a position where you might have to think. If you know you tend to drive after having a six pack, hide the keys or don’t buy the beer. Don’t tell people alcohol should be illegal because you have no self-control.

10. “Legalize marijuana and what’s next? Crack? Prostitution? Murder?”
Now the argument has taken a truly desperate turn. This is what’s known as the slippery slope argument. It evades the question at hand and sets up “straw men” (points that are impossible to argue against but are not related to the argument.) Not very many Americans want to legalize crack. But the debate is not about crack, the debate is about marijuana. Do you really think they’re both the same? Nobody breaks into a car to get the two bucks in change so they can get a hit of weed. The only withdrawal is psychological, not physical. People get psychologically addicted to World of Warcraft, eating, and shopping for heaven’s sake.

I’m sure I’ll think of more later, but this kind of flawed argumentation really bothers me. I think there are some very good reasons to legalize and some reasons might not want to. But people please- think about whether your argument is valid before you trumpet it from the mountaintops. Think before you speak!

I challenge any and all comers to refute me, especially politicians. I seek the truth, even if it means I’m wrong. But I also expect you to be true to yourself. You don’t win a debate by yelling your invalid argument louder than your opponent. You do it by being right.

Comment by: Paul Freeman Posted: July 20, 2009, 4:35 pm

See the first 10 posted previously, under “flawed arguments.”

11. “Legalizing this drug is surrendering to drug cartels and drug dealers.”
Perhaps this is the most frustrating argument yet. Legalization means that the drug dealers are out of business, and the cartels funded by them are cut off from a major source of income. Legitimate businesses are required to keep records and pay taxes, and even if a drug dealer found himself motivated to start a business selling what he sold on the street, he would quickly be squashed by legitimate businesses already in place. Legalization is the magic bullet, the one thing we can do to hit cartels and dealers where it really hurts: in the wallet.

12. “We can’t legalize because our youth will start using marijuana too.”
I have some news, friend. They’re already smoking it in record numbers, because it’s forbidden. They will also drink. These things will happen whether or not alcohol and marijuana are illegal. But instead of getting medical care when they’ve done something stupid they will risk death so their parents don’t find out they were on drugs. I work in a hospital. I have seen this happen.

I would like to thank Mr. Francis for contributing. I respect his opinion, even if I disagree.

Comment by: J.C. Posted: July 21, 2009, 2:52 am

Like most anti marijuana proponents Mr. Francis fails to address the Elephant in the room. We tried Prohibition in the past and it leads to high levels of organized crime, high levels of violence, high levels of addiction, high levels of taxation, and a host of other social evils that far outweighed the negative aspects of legal alcohol.

I’m most certain that Mr. Francis would also like to reinstate prohibition on alcohol, thankfully more informed individuals prevailed. It is only a matter of time before marijuana is legalized and taxed.

Comment by: Steve Francis: Clamping down on San Diego’s marijuana Posted: July 21, 2009, 8:30 am

[...] Links: Steve Francis: Debunking call to legalize marijuana | More by Steve | Marijuana advocates rally at county building | Marijuana found at Imperial Beach [...]

Comment by: Guest Posted: July 21, 2009, 9:51 am

And if it is legalized, what would happen with the drug issues at the border? Seems to me that it would reduce that some.

Comment by: Janice Posted: August 7, 2009, 12:43 pm

I think that use would actually decrease because the illegality thrill that drives so many users would be gone. http://www.mindreign.com/en/mindshare/Health-and-Science/Mom-2c-Let-s-Try-Some-Pot/sl36962307bp407cpp5pn1.html some interesting ideas about the subject….

Comment by: Clark_Culver Posted: November 16, 2009, 7:12 pm

“Our state shouldn’t consider changes in drug policy when we are unable to treat the drug addicts we already have.”

Really, Steve? If we used our resources to treat drug addicts instead of using our resources to hunt them down and jail them, then we would be able to give all people with an addiction the treatment that they need. In Portugal, people are not afraid to seek treatment. And, will wonders never cease, drug addiction has gone down since they decriminalized.

Here, if you admit that you have a problem, you may be arrested, fined, fired, ostracized, etc. Why would anyone come forward, here?

You haven’t really thought this through, have you Steve? Been drinking too much of the government koolaid?

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