Making Pot Legal: We Can Do It -- Here's How

By Paul Armentano, AlterNet. Posted February 12, 2008.

This month marks my 13th year working for marijuana law reform. During this time I've witnessed many successes and many more signs of progress. Nevertheless, it remains frustratingly clear that despite sincere efforts and millions poured into campaigns, very little headway has been made toward attaining the larger, essential goals of the movement -- specifically, abolishing the criminal laws that result in the arrest and prosecution of more than half a million Americans every year for possessing even small amounts of herb and establishing a framework for regulating legal access to marijuana to adults.

Is either one of these goals achievable? Certainly. Is either goal realistic? Not until we as a movement instigate significant shifts in both public attitude and political opinion.

Identifying the problems

For several decades, various organizations have pushed for the establishment of a legal and regulated market for adult cannabis use in the United States. Yet, despite extensive educational efforts and millions poured into various legislative campaigns, it's consistently been shown in opinion polls and at the voting booth that only between a third to 46 percent of Americans endorse legalizing the personal use of cannabis for adults.

As a result, the marijuana law reforms that have been enacted over the past several decades have been limited in scope. Specifically, these legal reforms fall into two distinct categories: "decriminalization" (exempting adult cannabis users from incarceration, but not necessarily arrest, under specified circumstances) and "medicalization" (exempting certain state-authorized medical marijuana patients from state-specific criminal sanctions). To date, 12 states -- almost one-third of the U.S. population -- have enacted limited versions of "decriminalization." Twelve states have also adopted various versions of "medicalization."

Both of these concepts -- unlike legalization -- enjoy majority support from the public, with national polls consistently finding that roughly 60 percent of Americans back "decriminalization" and nearly eight out of ten support the medical use of pot under a physician's supervision. But political support for these reforms has been historically weak, limiting the extent of their implementation.

In order to effectively move the debate forward, there has to be a clear sense of why -- despite years of public outreach -- we have failed to persuade a majority of the public that broader pot law reforms are needed. In addition, we must also identify why -- despite years of lobbying -- we have failed to persuade a majority of politicians that even incremental reforms are needed.

Changing the political landscape

All hot-button political issues -- most notably the struggle for "gay rights," immigration reform, and reproductive autonomy -- have faced significant political opposition, particularly from "conservative" or "right-wing" legislators. Similar political antipathy (e.g., opposition from religious or so-called "pro-family" organizations) has obstructed sensible federal marijuana law reforms. Why are political leaders typically unwilling to embrace marijuana law reform as a core, civil rights issue, and what must be done to change this? Below are four suggestions.

Media complacency

Mainstream media coverage of the cannabis issue is often inaccurate and rarely criticizes government policy. Alarmist stories about the alleged dangers of pot often get widespread coverage while evidence that refutes these claims is minimized or ignored. Finally, news reporters typically give greater credence and coverage to government officials espousing the need to maintain the "status quo" while granting far less weight to experts who disagree.

To combat this media bias, pot reformers must do a better job providing consistent and resonant messages to reporters, as well as establishing long-lasting, personal relationships with key journalists and opinion makers. Advocates could consider dedicating resources for print and media advertising campaigns to offset the federal government's anti-drug advertising budget, which annually spends some hundred million dollars in taxpayers' dollars and matching funds to buy television and radio commercials warning about the alleged dangers of pot.

See more stories tagged with: pot legalization, decriminalization

Paul Armentano is the senior policy analyst for the NORML Foundation in Washington, D.C. Armentano is an expert in the field of marijuana policy, health and pharmacokinetics. He has spoken at numerous national conferences and legal seminars, testified before several state legislatures and federal bodies, and assisted dozens of criminal defense attorneys in cases pertaining to the use of medicinal cannabis and drugged driving.

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