Arizona voters this November will have the opportunity to decide whether or not to decriminalize the possession of small amounts of marijuana.
Proposition 203 would make possession of 2 ounces or less of marijuana a civil violation punishable by a fine of no more than $250. The fine could be waived by taking a drug education class.
Besides reducing penalties for marijuana possession from a low-level felony, the law would allow doctors to recommend, rather than prescribe, marijuana for qualifying patients. Doctors who want to prescribe marijuana under Arizona's 1996 law have been discouraged by threats of federal criminal charges.
Also, the state Department of Public Safety would be required to distribute confiscated marijuana for free to those who receive doctors' recommendations.
In addition, the proposal would expand existing laws that generally bar prison or jail sentences for nonviolent drug offenders. It would bar judges from including jail time as a probation condition.
I'm not going to use this opportunity to get on my soapbox about the federal government's ridiculous drug policies (not that I couldn't). On a state level, I think Arizona is on to something. Does it really serve the greater good to incarcerate those who possess small amounts of marijuana? Does the "crime" justify the expense and disruption of warehousing a person along with murderers and rapists?
Illicit drug use, in general, does more harm than good. I don't imagine that anyone would argue that point. I'm just not sure that personal use of a relatively benign recreational drug is something that should warrant doing hard time. My hope is that the voters of Arizona will take this opportunity to begin to reshape our drug laws. Perhaps governments, and the people who elect them, will begin to realize that incarceration alone will not win the war against drugs. Treatment must be a viable option, and, if employed properly, can be more cost effective.
The problem with this scenario is that it requires vision, along with the willingness to take a fresh look at an old problem. Unfortunately, it has too often proven politically expedient to take a tough line on drugs. Lock 'em up and throw away the key. It may make for good politics, but it's lousy public policy.
