By now most people have heard that Colorado "legalized" the recreational use of marijuana. I use the scare quotes because it really is a huge fiction all around. What it amounts to is an agreement between the state and the citizens that local forces won't arrest or prosecute under certain conditions in exchange for a certain amount of control and tax revenue.
Under federal law, the possession, use, and sale of marijuana is still illegal, and the Supreme Court has upheld the Constitutionality. Whether or not the Court should have is one of many questionable decisions for another time, but under the current system the Federal Government is still bound to uphold the law. Given the track record of the current administration, recreational users in Colorado are probably safe from prosecution. If they claim they are illegal aliens, they are probably safer. For the moment however, I am less concerned about the legal aspects of the situation than the social and economic impacts.
Libertarians have been advocating for drug legalization for as long as I can remember. While I do not agree with their position, I cannot honestly say that they do not have some good points. The "war on drugs" that has been waged in the United States has been costly on many levels. The cost of police, investigations, courts, prisons, and other miscellaneous expenses have been staggering. And these losses do not even begin to account for the personal losses of the prison, the injuries and death of the enforcement officers. These are also great tragedies. Nevertheless, if I were in Colorado I would have still voted against legalization.
Going back to an earlier blog, whenever you lower the cost of something, you tend to get more of it. By removing the threat of prison for possession and use of marijuana in Colorado, you will have more of it. How much more? I don't know. How much is there now? I don't know. It's difficult to tell. I'm not aware of a quick and easy test for pot intoxication as there is for alcohol. I do know that detectable amounts can remain in a person's blood for up to month after heavy usage. Given that, how long are "affected?" How long before your taxi driver is okay to drive, before your childcare worker is competent to look after your child? What are the legal standards? Are there any legal standards? What about the " 'Take It Outside' " Campaign?" People aren't supposed to smoke cigarettes inside to preserve the indoor air quality for their children, but my understanding is that you are only supposed to use recreational marijuana indoors, so if you have children...?
Advocates point to studies and examples in Europe to claim that ending the ban on all drugs would be a great net positive for the U.S. I'm skeptical of the claims if, for no other reason then that Americans are not Europeans. We have always been a rougher, more aggressive culture. We push things harder, including our addictions. We also tend to drive a lot more, making our impaired time more dangerous for those on the roads with us. The only thing we know for sure is that there will be fewer arrests for low level possession of marijuana in Colorado. The other questions, the really important ones, will take decades to answer. The saddest part, at least for me, is that by then I don't think the answers will make a bit of difference one way or the other.
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