California's marijuana decriminalization

California's marijuana decriminalization is a step in the right direction, but for the wrong reason.

Prohibitions never work. When one part of society tells another part of society not to do something, and they have no moral pretense for the imposition of their will because no actual crime occurred because nobody was harmed, then the immoral law will be ignored. Society loses respect for the law, because obviously some laws are unjust and the innocent are prosecuted and punished.

We should repeal the prohibitions and allow adults to make decisions for themselves so we can enjoy our liberty and learn from our mistakes.

The repeal of marijuana prohibition today is as certain as the repeal of alcohol prohibition was in 1933, and for similar reasons. California simply cannot afford to continue to burden their courts and prisons with non-violent offenders of an unjust law. The real pity is that we don't have a public discussion over the ethics, but rather we allow unjust laws to persist until the bloated state, teatering on the brink of bankruptcy, can no longer afford their tyranny. Instead of the full restoration of liberty and society learns a lesson, the prohibition disappears because it is no longer financially viable and it's replaced by a hefty $100 fine. Let's be honest and call that what it is. It's nothing but a sin tax to support big tyrannical government. Society says you shouldn't do this, but if you have money to buy an indulgence from the state, then it's OK. This policy discriminates along socioeconomic lines, but isn't that almost the defining statement for the human condition? It's the golden rule. He who has the gold, makes the rules.

It's difficult to celebrate California's marijuana decriminalization because it's not a big win for liberty. It's just a fiscally mandated relaxation on the reigns of power. The checkbook won't allow those in power to subjugate their citizens as much as they'd like. They may not be able to afford to throw people in jail for smoking pot, but they can sure tax the heck out of them to pay for more big government. Yea! Smoke up for liberty!

Following that natural line of tyranny, the state of California will soon realize they don't have the police resources to tax as many people as they'd like, and they'll follow the Gatewood plan. Marijuana will be completely legalized, just like alcohol and tobacco, and California will do what all states do with sin taxes... whatever the market will bear! They'll assess a $100 per ounce tax, with tax stamps and everything, just like alcohol and tobacco. $100 per ounce is still enough to support an illegal market for marijuana, just as we have now, and the same criminals will grow and distribute it. The only difference will be, instead of jailing them for violating anti-drug laws, they'll be jailed for tax evasion. Is that progress? Maybe a little, but I can't tell.




California Governor Signs Marijuana Decriminalization Bill
http://stopthedrugwar.org/chronicle/2010/oct/01/california_governor_signs_mariju

by Phillip Smith, October 01, 2010, 03:25am
Posted in:

California Gov. Arnold Schwarzenegger (R) Thursday signed into law a bill that decriminalizes the possession of up to one ounce of marijuana. The bill reduces simple possession from a misdemeanor to an infraction.


Currently, small-time pot possession is "semi-decriminalized" in California. There is no possible jail sentence and a maximum $100 fine. But because possession is a misdemeanor, people caught with pot are "arrested," even if that means only they are served a notice to appear, and they must appear before a court.

That has happened to more than a half million Californians in the last decade, and more than 60,000 last year alone. Every one of them required a court appearance, complete with judge and prosecutor. That costs the cash-strapped state money it desperately needs.

Under the bill signed today, SB 1449, by Sen. Mark Leno (D-San Francisco), pot possession will be treated like a traffic ticket. The fine will remain at $100, and there will be no arrest record.

In a signing statement, Schwarzenegger said he opposed decriminalization for personal use—and threw in a gratuitous jab at Proposition 19, the tax and regulate marijuana legalization initiative—but that the state couldn't afford the status quo.

"Gov. Schwarzenegger deserves credit for sparing the state's taxpayers the cost of prosecuting minor pot offenders," said California NORML director Dale Gieringer. "Californians increasingly recognize that the war on marijuana is a waste of law enforcement resources."