Sunday, January 30, 2005

Lone Star state of mind

I've been fooling around posting on the Iraq elections all day so we're getting really behind on the drug war news this weekend. Fortunately, while Libby fiddles, Scott at Grits for Breakfast is burning up the blogosphere with posts.

He gives us the lowdown on a new bill in the Texas Legislature "which would provide an affirmative defense to prosecution in state court for patients possessing medical marijuana and for doctors who prescribe it." For those readers who are not legal scholars this means that if an MMJ patient is busted they can present evidence of medical necessity at trial, doctors will be able to discuss the MMJ option with their patients with at least less fear of prosecution and law enforcement will have an option not to bust sick people in the first place. As Scott says, "Help out cancer patients and doctors, and save $11 million -- how can legislators go wrong?"

Scott also points us to some conservative support for another bill pending in Texas, that would "amend the state's drug laws to decrease the penalty of possession of one ounce or less of marijuana to a Class C misdemeanor. Such an offense is comparable to a traffic ticket, carrying a fine of up to $500." Columnist Mark McCaig of Texas A&M's school newspaper makes some heartening comments on the bill.

This bill does not legalize marijuana. All it does is prevent individuals from going to jail for making a personal choice that does not endanger others. ...Sadly, the war on drugs has also, in many ways, become a war on common sense.

The average marijuana user - as long as he isn't driving while high - poses absolutely no threat to others. While it can be argued that the government should prevent people from engaging in harmful behavior, marijuana is no more harmful than many other substances that are legal.

Marijuana decriminalization also frees up the resources of our police, courts and jails to deal with criminals who are committing offenses that actually harm society. By allowing the police to catch thieves instead of pot smokers, these scarce resources can be used for the benefit of society. We are not any safer or better off because a marijuana smoker is locked up behind bars.


We've all been saying that for years of course, and it appears we are finally getting through.

Scott has much more as always including a wry look at stupid drug war lies being made by the Austin police and prosecutors about heroin use. Check the rest out for yourself.

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