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Woods & Brangwin, PLLC

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Wenatchee, Washington 98807

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Nov 09
2011

Why I Support Legalizing Pot

Posted by John Brangwin in Untagged 

Initiative 502 is currently gathering signatures. At its simplest, I-502 seeks to legalize marijuana and replace it with regulated sales. While I-502 may not be perfect, it would be a wise start. Through November, registered voters can sign I-502 petitions at our offices. For more on I-502, visit their web site at: http://www.newapproachwa.org

 

Our drug policy has clearly failed.  Punishing drug crimes has done little positive for society.  It has filled prisons with non-violent offenders, broken up families and allowed organized crime to flourish.  At the same time it has cost tax payers billions, if not trillions of dollars.

 

From 1920 to 1933 America had prohibition from alcohol.  It is clear, to me at least, that prohibition of alcohol was completely unsuccessful in any positive way.  Medical alcohol was allowed and often prescribed by friendly doctors.  Illegal sales continued in mass—it’s estimated that the U.S. had over 30,000 “speakeasies” during the height of prohibition.  American spending on alcohol actually increased during prohibition, and since sales were illegal, all of the spending went untaxed.  Liquor was illegally imported to the United States from our neighboring countries to the north and south.   Otherwise lawful citizens became criminals by making liquor in their sheds and homes.  Gangsters, like Al Capone, made millions.  Once flush with cash, crime syndicates continued to be strong for decades.  Enforcement ranged broadly depending on who caught you and where you were caught.  In some places the alcohol would be poured out and you’d be turned loose.  Other people were jailed or imprisoned.  Sometimes the police themselves were in on the illegal activities or turned a blind eye in return for a payout.

 

Does any of this sound familiar?  Marijuana pours in to the United States by the tons from Canada and Mexico.  People grow pot in garages, closets and outdoors in the boondocks.  Medical marijuana is legal in many states, including our own, and many people have prescriptions to use marijuana even though their medical issues may not be as serious as they describe.  Criminals profit greatly from marijuana being illegal.  It allows them to be flush with cash.  Often they use the cash to buy guns to protect their enterprise from other criminals or even the police.  And enforcement ranges from brutally harsh mandatory prison time in some instances to doing nothing in other situations.

 

Here in Washington, the City of Seattle, while not legalizing pot, has told the police to make it their lowest priority.  But a 2-hour drive away, in Chelan County, possessing pot is taken very seriously by the police.  And once caught, prosecutors seek convictions and even get mandatory jail time, often making a criminal out of a young person who previously had no criminal history at all.  Our courts enforce Washington’s arcane law requiring a 24-hour jail sentence for possessing even the smallest amount of marijuana.  And to make things worse Federal law takes away financial aid for drug convictions.

 

I simply see no sense in it.  None at all.  It’s time to take a new approach.  That’s why I support I-502.  If I-502 does not gather enough signatures or isn’t voted into law, I at least hope the legislature will take action to decriminalize simple possession of marijuana and lower or remove all the mandatory sentences and enhancements.

 

John Brangwin is a partner in the Wenatchee law firm of Woods & Brangwin, PLLC and concentrates on defending those accused of DUI and other crimes.  He is rated “superb” by Avvo, an attorney rating firm.  The office is located at 517 N. Mission, where I-502 petitions are available for signature.

Comments (1)add comment

law abiding citizen said:

0
Stick THIS in your pipe and smoke it!
First of all, I have to laugh at an attempt to legalize marijuana through the initiative process, which requires marijuana users to take affirmative action. ("Dude, you mean I actually have to GO somewhere to sign this?") Good luck with that.
At Mr. Brangwin's invitation, I went to the I-502 web site to learn more. I'm not impressed. A New Approach's attempt at legislation seems more half-assed than "new." While there is a "fact sheet" on federal pre-emption, it doesn't clearly state that people comporting wtih this new law are going to be exempt from federal prosecution for marijuana possession. The fact sheet says if you're complying with this law, you SHOULD be exempt. Would you like to roll the dice on that?
If you think our state laws are harsh, you should check out the penalities the feds impose. What I find more troubling with I-502 is the legalization of driving with marijuana in your system. This initiative would create a "per se" limit of 5 ng/mL of THC, supposedly like the .08 BAC. The so-called "fact sheet" tells us this limit is based on science (which is not clearly explained), and people with levels below 5 ng SHOULD be okay to drive. Again, would you like to roll the dice on that? Also, the initiative explicitly states that carboxy-THC (THC metabolite) is not to be considered for DUI purposes. As most everyone knows, THC is stored in one's fat, which is why it stays in one's system for a long time and can be picked up in drug screens (like the ones employers run) for up to 30 days. So, basically, you could lose your job driving a fork lift for having THC metabolite on board, but driivng your car on the highway is okay. How does that make sense? I could go on and on about the failings of I-502, but I will close with this gem from one of New Approach's fact sheets: "It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country." Washington doesn't need to be that "single courageous state." Let Oregon or Califormia be the guinea pig for this grand social experiment--the rest of the country thinks they're nut jobs anyway.

A few parting shots: You know who else, besides criminals, profits from marijuana being illegal and are "flush with cash"? Criminal defense attorneys. And that "arcane" 24 hours in jail requrement? It's the law, which we try to follow here in Chelan County. I'm sorry that the City of Seattle has forgotten what the words "mandatory minimum sentence" mean.
 
November 13, 2011
Votes: +0

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