CBS News Series: Marijuana Prohibition And Possible Alternatives

  • by Allen St. Pierre, Former NORML Executive Director July 14, 2009


    When governments arrest people, it hasn’t stopped people from consuming cannabis.”

    In what can be described as a comprehensive journalistic undertaking, CBS News is broadcasting an in-depth review of America’s 72-year old cannabis prohibition called Marijuana Nation: The New War Over Weed and what are some of the possible public policy alternatives that will be supported by the American public in future.

    Starting with a broadcast piece on Sunday Morning, and via extensive web reportage, CBSNews.com, in my personal opinion, has done a far better job than other major news networks who’ve also recently run either a series, or documentaries, examining the growing public support for ending cannabis prohibition, cannabis as a taxed commodity, and looking into how American drug policies affect other countries’ drug policies.

    Both sides, prohibitionists and anti-prohibitionists, are well represented and make their cases for either reform or to maintain the status quo of prohibition.

    A transcript from Sunday Morning, examining California’s ever-growing medical cannabis industry and the growing calls in America’s most important state for outright legalization, is available here.

    The accompanying article, featuring quotes from NORML Advisory Board member and former Seattle Police Chief Norm Stamper, America’s Love-Hate History with Pot, is read here.

    Norm Stamper still remembers the day, nearly six decades ago, when a police detective visited his elementary school class to warn of the dangers of smoking the “devil weed.”

    “That was the term he used — and he even brought along a bag of marijuana to show us,” said Stamper, 65, who would later become Seattle’s police chief. “I remember him saying something to the effect that, ‘If you smoke this, it will rot the membrane in your nose.’ He was an authority figure, and so I figured he could tell me something about the dangers of this drug. That was my early education about marijuana.”

    By today’s standards, such a warning might sound as dated as the bug-eyed, morally-depraved pot fiends portrayed in the 1936 movie Reefer Madness.

    But it was in line with the prevailing view of the 1950s, which considered marijuana to be not just a dangerous drug, but a stepping stone to the use of heroin or even more dangerous controlled substances. In 1979, 27 percent of Americans favored legalization, according to a CBS News/New York Times poll at the time.

    A new CBS News poll released today finds that more Americans now support legalization. Forty-one percent said they think marijuana should be made legal and 52 percent are opposed. That’s even more than in a CBS News poll in March when 31 percent said they were in favor of legalization in all cases with another seven percent saying they would favor legalization if marijuana were taxed and the money went to projects.

    “They told us that marijuana was a gateway drug,” said Stamper, who these days is a speaker for Law Enforcement Against Prohibition. “It was not.”

    America’s Love-Hate History with Pot
    With a New CBS News Poll Finding 41% Now Support Legalization, CBSNews.com Examines Changing Views of Marijuana in the U.S.

    Video: Politics of Pot
    Highlights of Presidents and Presidential Candidates addressing the marijuana question.

    -Amid Calls for Marijuana Legalization in the U.S., CBSNews.com Looks at the Lessons of the Dutch Approach-
    This story was written by Brian Montopoli as part of a new CBSNews.com special report on the evolving debate over marijuana legalization: Marijuana Nation: The New War Over Weed.

    When it comes to the debate over legalizing marijuana, even the president of the United States has a hard time keeping a straight face.

    After legalization questions got high ratings in an online town hall in March, Mr. Obama couldn’t suppress a grin and a joke about what the popularity of the topic “says about the online audience.” To the disappointment, if not the surprise, of marijuana advocates, he went on to say that he doesn’t think legalizing and taxing marijuana “is a good strategy to grow our economy.”

    Yet there are many Americans – and public officials – who are taking the issue more seriously. In a CBS News poll released Monday, 41 percent of Americans said they favor marijuana legalization. Other polls put that figure as high as 52 percent.

    Meanwhile, Reps. Barney Frank and Ron Paul co-authored a bill to end federal penalties for possession of small amounts of pot. Sen. Jim Webb has put forth legislation to create a commission examining drug policy and problems in the criminal justice system.

    In California, Assemblyman Tom Ammiano introduced a bill to legalize recreational use of the drug in order to generate desperately-needed tax revenue – and Gov. Arnold Schwarzenegger says he is open to a debate over doing just that.

    These are significant steps for American politicians, who have long been loath to take on drug legalization for fear of being labeled soft on crime. But they mark little more than an early effort to prompt discussion around the issue.

    For a more substantive look at how politicians are grappling with decriminalization, one must cross the Atlantic and take a look at Holland, where casual marijuana use has been de facto legal since 1976.

    Where Pot Is Both Legal And Illegal:

    Despite what the typical backpack-toting college student might think, pot exists in something of a legal netherworld even in Amsterdam. While coffee shops in some areas of the country can sell marijuana without risk of punishment, proprietors cannot legally obtain the product for sale. And possession and production are technically misdemeanors that can prompt a fine.

    “The Dutch model is a little half baked,” quips Tim Boekhout van Solinge, a drug policy expert at the University of Utrecht in the Netherlands. “The supply side is still illegal, the production is illegal.”

    Experts on both sides of the issue lament the ambiguity of marijuana policy not just in Holland but also in places like California, where there are not clear rules about the distribution of medical marijuana.

    Dutch drug policy is grounded in the separation of soft drugs like marijuana from harder drugs like cocaine and heroin. “The policy has evolved slowly over time,” said Craig Reinerman, a sociology professor and drug policy expect at the University of California Santa Cruz. “At first they had a national commission, much like the Nixon administration had. And their national commission said, ‘look, all drugs have risks, even legal ones. Some are acceptable, and some are just too high.'”

    Because history suggested people would use marijuana regardless of the limits imposed by the government, the Dutch tried to manage use as part of an attempt to keep transactions as safe as possible. (They have a similar philosophy when it comes to prostitution).

    Dutch law enforcement will not go after coffee shops that sell small amounts of marijuana (up to five grams) to people over the age of 18, though the coffee shops can only operate if the local municipality allows it. The coffee shops can only keep 500 grams of marijuana onsite at any one time, can’t advertize, can’t sell alcohol or hard drugs and can be shut down if they become a nuisance to the neighborhood. Customers are permitted to consume the drug on the premises or at their home.

    WATCH: Dutch Doctor Frederick Polak talks to CBSNews.com about the relationship between repression and use.

    WATCH: An American cannabis tour guide talks to CBSNews.com about drug tourism in Amsterdam.

    In addition, if not for international treaties designed to restrict supply, the Dutch may well have crafted a policy in which the supply side is (at the very least) de facto legal as well, according to Boekhout van Solinge. In the current system the state can only generate tax revenue indirectly, via the incomes of those who run the coffee shops. And many proprietors have little choice but to engage in somewhat shadowy transactions in order to secure the product.

    “The fact that production and supply are still left in the underground certainly creates some problems,” said Bruce Merkin at the Marijuana Policy Project.

    Over the years, Dutch policy has prompted serious grousing from neighbors. In the 1990s, French president Jacques Chirac suggested the country’s position was weakening Europe-wide efforts to combat drug use. One of his allies in the legislature went so far as to dub Holland a “narco-state.” Holland has long fought illegal drug trafficking, yet remains a significant producer of a number of drugs and a key entry point for narcotics into Europe.

    Yet as defenders of the Dutch policy are all too happy to point out, the Dutch actually smoke less pot than many of their neighbors – the French included. According to the European Monitoring Centre for Drugs and Drug Addiction, 22.6 percent of Dutch citizens between ages 15 and 64 reported having used cannabis in their lifetime. In France, the percentage in that age group who reported using the drug was nearly four points higher – 26.2 percent.

    Among Spaniards the lifetime usage rate for this age group is even higher – 28.6 percent – while among Italians it sits at a relatively robust 29.3 percent. In the United Kingdom, where the sample included 16 through 59 year olds, the percentage who said they had used cannabis was above 30 percent.

    For the record, the country with the most liberal drug policy in Europe is actually Portugal – which happens to have the lowest rate of lifetime marijuana use in the entire European Union. (But that’s a different story.)

    In the United States, meanwhile, more than 40 percent of people 18 and older have used marijuana or hashish. America boasts one of the highest pot usage rates in the world.

    “If you look at the data, it really dispels any notion that allowing adults to possess marijuana creates a nation of potheads,” Merkin said.

    Lessons From The Dutch:

    Dutch public opinion over the nation’s drug policy has long been split, with polls usually suggesting that a slim majority favor the coffee shop-based system. In recent years, however, the country has moved to become more restrictive, thanks in large part to resentment over the impact of so-called “drug tourists,” whose partying has long angered locals.

    In 2007, the Netherlands banned the use of psychedelic mushrooms (which had essentially been treated as soft drugs) after a drug-related suicide, and several municipalities have moved to close coffee shops to discourage crime and drug tourism. The U.S. Department Of Justice says that 81 percent of the country’s municipalities did not allow coffee shops as far back as 2000. One Dutch professor predicts there will be no more coffee shops in Holland by 2010, thanks in large part to anger over drug tourists.

    One of the key debates around pot policy in Holland, the U.S. and elsewhere centers on the question of destigmatization – whether or not giving the drug the imprimatur of legality will drive up usage rates. Joel W. Hay, a Clinical Pharmacy and Pharmaceutical Economics & Policy at the University Of Southern California and an opponent of marijuana legalization, says yes.

    “A lot of people are now getting the clear social signal that pot is not that great because it is illegal” in the United States, he said. “It certainly doesn’t deter use, but it probably deters a substantial amount, and that’s for the good.”

    But Reinerman argues that destigmatization is a “tricky question.”

    “I interviewed a Dutch parent once and asked about this, and he told me, ‘my son will smoke a little pot now and then, but mostly it doesn’t occur to him to do that. There’s no allure of the forbidden fruit,'” he said.

    Reinerman allows that “in the first six months or a year or two [after legalization] there might be an increase” in marijuana use, but says the destigmitization that would come with legalization ultimately works both ways. “Availability is not destiny,” he argues.

    Peter Reuter, a University of Maryland professor of criminology, believes that any increase in usage rates if marijuana were decriminalized would be modest. He points to the fact that Dutch marijuana users tend to give up the drug at the same time as Americans do – in their 20s.

    “I’m reasonably confident that if we followed the Dutch model we would not see a big uptick in usage,” he said.

    That could depend, however, on whether the United States could successfully follow one aspect of the Dutch policy that both legalization advocates and opponents laud: its ban on advertising. Hay notes that under a legalization policy business interests would be incentivized to try to drive up demand.

    In the United States, he argues, a policy that bans advertising on legal marijuana would raise questions of Constitutionality. (Congress and the Obama administration did recently pass legislation more strictly limiting tobacco advertising.)

    “I think it would be tightly contested whether restrictions could be put on it, because the adverse health effects are not that great,” said Reuter. “Potential producers could bring suit.”

    These sorts of complex questions are being seriously considered in some American circles for the first time since the 1970s. The federal government, however, is not exactly joining the conversation. Though new drug czar Gil Kerlikowske has been lauded for his emphasis of treatment over incarceration – and for abandoning the phrase “war on drugs” – he recently told Rolling Stone that legalization is not something worth considering “under any circumstances.”

    Hay believes there is simply no good reason to abandon the status quo and emulate the Dutch policy, let alone move to full legalization.

    “We have a philosophical question if potheads should be able to [use marijuana], and they sort of already can,” he said. “It’s not really that illegal right now. And I think having society saying this is something you shouldn’t do, but we don’t throw the book at you when you do it, is sort of a socially optimal policy.”

    But while medical marijuana use has been decriminalized in some areas of the country, police still arrest between 750,000 and 900,000 people per year on marijuana-related charges, the vast majority for possession.

    “It just should be accepted that cannabis is consumed by hundreds of millions of people around the world,” said Boekhout van Solinge. “When governments arrest people, it hasn’t stopped people from consuming cannabis.”

    Originally published at CBSNews.com.

    50 responses to “CBS News Series: Marijuana Prohibition And Possible Alternatives”

    1. Ben says:

      Did anyone just hear President Obama jokingly say that “we can’t give major league baseball a “bailout” because we’re out of money”? Here’s a solution…tax and regulate the sale of MJ.

    2. Man. I dont know wat to say. Prohibitionists of any kind are cruel. The guy who said its illegal but still smoked freely thus its kinda legal pissed me off. Sure i know ppl who live in Denver and they smoke while sittin on their porch plain as day care free. I however live in small minded small town right across the border and my littlle brother did a week in jail, 6 mos probation and 1200 in fines for less than a gram of regular. Our cops lay awake at night prayin to judas for the ability to kick mucho stoner ass. Im hopin for decrim or legalization but i aint holdin my breath.

    3. Who in the hell teaches people that it’s a correct form of behavior to control your fellow American’s. Reality is people are saved by marijuana medically and it’s just stupid to entertain the feelings of prohibitionist pushing what they think YOU should do or not do in your life time.

      When we get to heaven, everyone that lived on the earth during marijuana prohibition should get FREE MJ for eternity! I’m not kidding, everything that dyes moves on to the next life to live eternally. Only we may not care anything about getting high in the next life.

    4. D. Hughes says:

      That was wonderfully put together, and I thank you for doing so immensely. However, I did have one problem with your wording.

      The whole idea of America’s “most important state” just really gets old, especially in the realm of marijuana. While certainly true that California has done incredible amounts to support legalization measures, the fact of the matter is that the other 49 states aren’t always as fortunate, and receive nowhere near the level of support they NEED from groups like NORML.

      Here in the South, for example, there’s quite a large undertone of people who would support, at minimum, the decriminalization of pot. This does not often see the light of day, though, because the focus is only on California, New England, or foreign nations when it comes to matters of cannabis. This is not working for the rest of us.

      In short, NORML, Mr. St. Pierre, we direly need your assistance. We understand that California is the frontline. Really, we do. We just wish that we didn’t have to fight this domestic war without major support from one of the only organizations in the United States with the capability to make a legitimate difference for us. Essentially, what I’m saying is that California is almost won. The momentum of its movement will undoubtedly prevail within a relatively short time span, whether backed by NORML or not. The people have decided there.

      We need you to make it a real issue here, certainly within the media. In states like Tennessee, Arkansas, Georgia, and the rest of the South, we cannot do this alone, as this is undeniably one of the most difficult areas of the country to win over when it comes to marijuana. This is the section of the US where your fight really begins. The easy part is almost over; the hardest part has yet to begin. The DEA and FBI will undoubtedly shift their focus to states without such amazing laws in place, and the metaphorical hammer will come down on us quite hard.

      We need your help. I can’t stress this enough.


      D. Hughes
      Resident of the Less Important State of Tennessee

      P.S. – Sorry about the borderline rant.

    5. Chrokee Fred Jesus says:

      Americans will never respect or conform to a law that is born of racism, perpetuated by greed and supported by lies.

      Cherokee Fred Jesus

    6. J.W. says:

      While they argue repercussions regarding the Dutch system, it should also be noted that the Dutch recently had to close a dozen or so prisons due to an unexpected reduction in the crime rates.

    7. Chad says:

      Oh, another person claiming the penalties for marijuana aren’t all that bad. He’s either ignorant or evil. People losing jobs or getting kicked out of school is a far cry from “socially optimal policy.”

    8. Ray says:

      A major network talking about pot. I didn’t really see that happening anytime soon.

    9. CKDK29 says:

      How about the USA legalizes it then the rest of America could buy from its distibuter (California) just a thought

    10. R.O.E. says:

      Whoo hoo!! talk about information overload! But this is good!