April 20 has become a holiday for some Americans. The date, more commonly known as “4/20,” has only one tradition, and it centers on gathering to smoke marijuana.
The stigma of a plant, which proponents declare as medicine and opponents consider illicit and of no value, is finding itself squarely in the middle of the national debate and conscious.
The interest in the marijuana debate reaches to Mississippi and the MSU campus. Previous articles that ran in the The Reflector, opinion pieces on differing sides of the debate about marijuana, received thousands of reads online and generated many comments.
Whether participant, opponent or curious about this plant that is legal as use for medication in 14 states and may be legalized for recreational purposes in California if passed in November, it is becoming clear that debate on marijuana will be an issue facing Americans for the near future.
All the while, Mississippi is viewed as a state moderate on marijuana, according to the National Organization for Reforming Marijuana Laws, where first time possession of smaller amounts is treated as a misdemeanor while possession, sale and distribution are felonies and treated harshly.
Emergence in Pop Culture
Several well-known people in the media, such as Olympian Michael Phelps, “Twilight” star Kristen Stewart and Facebook founder and one of the youngest billionaires in the world, Mark Zuckerberg, have found themselves in photo faux pas with the drug.
Longtime marijuana user and advocate Willie Nelson admitted to using marijuana immediately before appearing on last Friday’s edition of “Larry King Live.” Rapper-turned-pop-culture-icon Snoop Dogg is also another member of an emerging group of “celebrity stoners.”
Mounting Legal Issues
As large cities decriminalize possession of small amounts, more and more municipalities and states are finding themselves at odds with the federal government. In addition to states that allow medical marijuana, a very real legal battle is shaping up if the voters of California pass a measure that will legalize the drug within the state.
Robert Mikos, professor of federalism, constitutional law and federal criminal law at Vanderbilt University, said many proponents of legalization in California are seeing green, but of another color – money, specifically tax dollars. Due to California’s budget situation, where the state is facing massive deficits, anything that can be taxed is being examined, according to Mikos.
Other states, seeing the outcome of California’s legalization, may follow suit.
“It could take some time,” Mikos said. “There are two competing tensions – states would want to see how it plays out in California, but also people that are in support of this want to tax the stuff,” Mikos said.
The tax revenue, estimated in the billions, could be a boon for cash-strapped states in the wake of the recession.
But being a state acting in opposition to federal law could hurt California. States can make laws that are not in accordance with federal code, but can face financial consequences. Federal dollars for law enforcement and highways could be pulled as punitive action Mikos said.
Another question would be which politicians would want to risk the anger of California voters by pulling federal dollars from an already financially unsound state, furthering the destabilization of a state whose gross domestic product rivals small countries. According to Mikos, the answer could be clearly written in the pages of history.
“In 1996, when Proposition 215 passed [allowing legal medical marijuana in California] Congress proposed legislation to pull federal dollars, but failed,” Mikos said. “The President could ramp up federal enforcement, but those resources are already spread thin.”
A story from the war on drugs
A recent MSU graduate and former Reflector cartoonist, Heath Kleinke, found himself on the wrong end of drug laws. Kleinke, who spent 6 years, 8 months and 29 days in jail, faced numerous counts of drug charges, but a plea bargain had him convicted solely on the sale of a controlled substance charge. Kleinke said that however cliché, marijuana was a gateway drug for him into drug culture.
“Marijuana got me involved in everything else,” Kleinke said. “If you’re willing to break the law to use marijuana, you’ll break the law to use other drugs.”
Kleinke said at first while incarcerated, he wanted to finish his jail sentence and go back into society to use drugs again.
“But as I sat there in jail watching people come in and out for drugs, though, I came to a realization,” Kleinke said. “When you make certain decisions, it can affect others more than you. Even though I sold marijuana to people who wanted it, I facilitated others to go on to other substances.”
Kleinke said he feels that the legalization of marijuana should be a federal decision.
“First of all, it’s up to the people to say what is the law,” Kleinke said. “I do believe it should be a federal decision first and then the states’.”
College students, a group in which marijuana use is about 33.3 percent, according to a 2005 study by the National Center on Addiction and Substance Abuse at Columbia University, face an especially real danger from drug use – loss of federal financial aid benefits due to drug convictions in addition to possible jail time.
Still, the use among college students, more than non-college students, has risen steadily through the 1990s. Between 1993 and 2005, marijuana use rose from 27.9 percent to 33.3 percent. Also, heavy use of marijuana nearly doubled between 1993 and 2005, according to the same Columbia University study. Clearly an indicator of an increase in popularity for students after the decrease in use in the ’80s and early ’90s.
For Generation X and Y, the issue presented by the marijuana debate will be one dealt with sooner rather than later.
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Debate continues on marijuana laws
David Breland
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April 19, 2010
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