(CNN) — It is hardly surprising that former drug czar William Bennett would, in his CNN.com op-ed, oppose any changes to America’s criminalization of marijuana. But it is surprising that he would lump Barney Frank and Ron Paul’s proposal to allow states the opportunity to enact their own marijuana policy with the effort to legalize drugs.

Let’s be clear: HR 2306, the Ending Federal Marijuana Prohibition Act of 2011, proposed by Reps. Barney Frank and Ron Paul, does not “legalize drugs” or even so much as legalize marijuana. Rather, this legislation removes the power to prosecute minor marijuana offenders from the federal government and relinquishes this authority to state and local jurisdictions. In other words, HR 2306 is just the sort of rebuke to the “nanny state” that conservatives like Bennett otherwise support.

Barney Frank and Ron Paul: Get feds out of pot regulation

The House bill mimics changes enacted by Congress to repeal the federal prohibition of alcohol. Passage of this measure would remove the existing conflict between federal law and the laws of those 16 states that already allow for the limited use of marijuana under a physician’s supervision.

It would also permit states that wish to fully legalize (for adults) and regulate the responsible use, possession, production and intrastate distribution of marijuana to be free to do so without federal interference. In recent years, several states, including California and Massachusetts, have considered taking such actions either legislatively or by ballot initiative. It is likely that several additional states will be considering this option in 2012, including Colorado and Washington. The residents and lawmakers of these states should be free to explore these alternate policies, including medicalization, decriminalization and legalization, without running afoul of the federal law or the whims of the Department of Justice.

Of course, just as many states continued to criminalize the sale and consumption of alcohol after the federal government’s lifting of alcohol prohibition, many states, if not most, might continue to maintain criminal sanctions on the use of marijuana.

But there is no justification for the federal government to compel them to do so. Just as state and local governments are free to enact their own policies about the sale and use of alcohol — a mind-altering, potentially toxic substance that harms the user more than marijuana — they should be free to adopt marijuana policies that best reflect the wishes and mores of their citizens.

Does Bill Bennett believe that state and local governments cannot be trusted with making such decisions on their own?

Speaking during an online town hall in January, President Obama acknowledged the subject of legalizing and regulating marijuana was a “legitimate topic for debate,” even as he expressed his opposition. Yet Texas Rep. Lamar Smith, chairman of the House Judiciary Committee, recently boasted that he would not even consider scheduling HR 2306 for a public hearing.

There might be another reason people like Smith and Bennett will go to such lengths to try to stifle public discussion of the matter. To do so would be to shine light on the fact that the federal criminalization of marijuana has failed to reduce the public’s demand for cannabis, and it has imposed enormous fiscal and human costs upon the American people.

Further, this policy promotes disrespect for the law and reinforces ethnic and generational divides between the public and law enforcement. Annual data published in the FBI’s Uniform Crime Report, and compiled by NORML, finds that police have made more than 20 million arrests for marijuana violations since 1970, nearly 90% of them for marijuana possession offenses only.

It is time to stop ceding control of the marijuana market to unregulated, criminal entrepreneurs and allow states the authority to enact common sense regulations that seek to govern the adult use of marijuana in a fashion similar to alcohol.

In Bennett’s own words, “We have an illegal drug abuse epidemic in this country.” How is such a conclusion anything but a scathing indictment of the present policy? After 70 years of failure it is time for an alternative approach. The “Ending Federal Marijuana Prohibition Act of 2011″ is an ideal first step.

Editor’s note: Paul Armentano is the deputy director of NORML , the National Organization for the Reform of Marijuana Laws, and is the co-author of the book “Marijuana Is Safer: So Why Are We Driving People to Drink?” (2009, Chelsea Green).

We begin with the PBS NewsHour and their fine report featuring the Honorable Rebecca Kaplan from the Oakland City Council and Richard Lee, the founder of Oaksterdam University. For balance (I suppose) they also interview the police chief of El Cerrito, California, who provides the obligatory doses of “reefer madness” at around the 5:00 mark.

Once again, I have to ask the cop at the end of the piece: How many people who don’t smoke pot now are going to start smoking pot once it is legal, and how much is that going to cost? Whatever it is, make the tax on pot equal to that amount, minus the expenditures we’ll save on not arresting people and sending helicopters on weeding missions, and we’ve covered the costs! (Actually, since Miron estimates that we’d reap in revenues and savings around $14 billion annually from legalized pot nationally, you have to convince us that the brand new legal pot smokers who aren’t already smoking now would cost society more than that.)

We’re still trying to figure out how you inject marijuana (from Newsweek photo essay on pot propaganda)

That stupid retort that legal weed will cost society more than the taxes only works if you believe that nobody is smoking weed now and suddenly when it’s legal, everyone will smoke weed. 22,000,000 PEOPLE ARE SMOKING WEED THIS YEAR ALREADY! Whatever that costs us as a society, we’re already paying NOW without taking in any tax money!

Cannabis does not “add another vice” to tobacco and alcohol that costs our society so much more than their taxes bring in. Alcohol and tobacco use create huge medical bills and death. Cannabis does not. With three legal choices and cannabis being obviously safest, we’ll cut costs as people choose it over alcohol and tobacco, and raise tax revenues that are currently going to black marketeers.

Read more about Newsweek and FOX Business News after the break…

Next we have the series of article in Newsweek, which has seemingly devoted an entire issue to the subject of legalization. In “Welcome to Potopia”, they describe the section of Oakland known as Oaksterdam as “a model for what a legalized-drug America could look like.” Dr. Nora Volkow from NIDA and Prof. Mark Kleiman from UCLA are cited to provide the necessary balance, with the typical warnings that “It’s certainly true that this is not your grandfather’s pot,” as if our grandfathers were smoking nothing but ditchweed in the 1960′s. (Sorry, but Sgt. Pepper and Dark Side of the Moon were not composed by nor appreciated by people smoking ditchweed.) Our own Paul Armentano is quoted as well:

The fact that we now are debating it—at least in some parts of the country—is the result of a number of forces that, as MacCoun puts it, have created the perfect pot storm: the failure of the War on Drugs, the growing death toll of murderous drug cartels, pop culture, the economy, and a generation of voters that have simply grown up around the stuff. Today there are pot television shows and frequent references to the drug in film, music, and books. And everyone from the president to the most successful athlete in modern history has talked about smoking it at one point or another. “Whether it’s the economy or Obama or Michael Phelps, I think all of these things have really worked to galvanize the public,” says Paul Armentano, the deputy director of the National Organization for the Reform of Marijuana Laws and the coauthor of a new book, Marijuana Is Safer; So Why Are We Driving People to Drink?”At the very least, it’s started a national conversation.”

Newsweek also looks at the “green rush” in Los Angeles County in a piece called “The Wild West of Weed” and how District Attorney Cooley says “about 100%” of the dispensaries are illegal and that “the time is right to deal with this problem.” Weed dealer turned dispensary owner Jason Beck tells his story of suffering through a DEA “smash-n-grab” raid where the cops were trapped in his store thanks to all the bulletproof glass and “man traps” he had installed for security. “If we were real gangsta drug dealers, we could have sniped them all out,” Beck says, lamenting how the DEA destroyed all his security equipment and how $12,500 in cash just mysteriously disappeared.

The Newsweek series winds up with a look at Drug Policy Alliance’s Ethan Nadelmann, called “The Pro-Drug Czar” (a term I’d bet he’d disagree with… he’s not “pro-drugs”, he’s “anti-prohibition”). Ethan gives the readers some of the best sound bites on how the drug war is impacting our prisons, saying “We lock up more people on drug charges than all of Western Europe locks up for everything, and they have 100 million more people than we do. We have less than 5 percent of the world’s population but we have almost 25 percent of the world’s incarcerated population. We rank first in the world in per capita incarceration, and the drug war is the No. 1 driving factor.”

Then this morning we are told the folks over at Fox Business News are beginning a series looking at the legalization wave in America. There are no stories or videos to post yet, but you can be sure that when there are, we’ll report on them here at NORML.

The remarkable thing in these series of news stories are not that the mainstream media is covering the legalization issue, it is how they are covering the issue. The discussion is no longer “what about the children?!?” and the doom-and-gloom warnings of heroin in the 7-Elevens if we legalize cannabis. The discussion now focuses on the economic viability of the cannabis market and the 40-year-long failure of the War on (Certain American Citizens Using Non-Pharmaceutical, Non-Alcoholic, Tobacco-Free) Drugs™ to do anything to impede that market. The pot-pun headlines are fading away and the ledes of the stories are tilted favorably toward our issue. In the past the government anti-pot propaganda dominated the story and if any contrary view was even broached, it was reformers being thrown a bone deep in the closing paragraphs to offer a rebuttal that was often couched in derogatory, “here’s what the stoners say” language. Now our side is presented as the rational, common-sense, business-savvy side of the issue with the hysterical law enforcement propaganda given the end-of-article quotes, often couched in desperate, “here’s what the reefer mad say” language.

America is becoming convinced that legalization of cannabis makes sense from a public health, public safety, and economic standpoint. And we haven’t even begun bringing up how much money industrial hemp would bring us in a legalized cannabis world…

Fortunately it became clear from the host’s opening monologue that Judge Andrew Napolitano is a powerful and articulate friend of cannabis liberalization.

“The War on Drugs that the federal government has waged, and on which it has spent billions and billions of taxpayer dollars, has been a complete waste of time, money, and effort.

Take marijuana, for instance. It’s been grouped together and enforced by the Drug Enforcement Administration with real hardcore drugs like heroin, cocaine, and methamphetamine. But states like California and soon New Jersey have pretty much legalized marijuana for medicinal purposes. While the federal government contends that … marijuana has the potential to promote cancer, patients of cancer and other similar ailments actually use marijuana to fight these deadly diseases.

So wouldn’t the federal government be better off creating the incentive to empower people to make the right choice, to make their own free choice, rather than persecuting them and prosecuting them for what the feds consider to be the wrong choice?”

Watch our full interview below: