Cannabis Column - #44

Jon Gettman is a long time contributor to HIGH TIMES. A former National Director of NORML, Jon has a Ph.D. in public policy and regional economic development and consults with attorneys, advocates, and non-profits on cannabis related research and public policy issues. On October 8, 2002, along with a coalition of organizations, he filed a new petition to have cannabis rescheduled under federal law. This column will track that petition's progress. Reality Check: Rethinking Progress Toward Legalization

The marijuana reform movement is larger and more diverse now than it was 10, 20, or even 30 years ago but that is no indication that marijuana’s legalization is more likely now – or in the near future – than it has been at any time in the past.

While the opportunities to pursue legalization are numerous, that too is not necessarily a sign of progress. Even the important accomplishments of the last 10 years, with respect to medical cannabis, for example, are not proof that the reform movement is nearing success when it comes to marijuana’s legalization.

The success of decriminalizing marijuana in many parts of the United States happened in the 1970s. It’s now 30 years later and legalization is no closer now than it was then. Marijuana’s persistent popularity in the culture, its increasing value and prevalence as a domestic cash crop, and the ever increasing recognition of its medical value are all important social indicators of its cultural importance and staying power – yet none of these features have been or will be sufficient to bring about legalization.

It’s easy for middle-aged white guys (like me) to write about the injustices of marijuana prohibition, its social costs, the growth and expansion of the reform movement, the scientific discoveries that disapprove reefer madness, and other issues that validate the reform movement’s belief that it is on the right side of history and part of a rising tide of imminent and inevitable change. It’s especially easy since middle-aged white guys (like me) are usually not the folks most likely to be arrested for marijuana use, possession, or other marijuana related offenses.

It’s not only easy to sit back and argue that we’re winning the long battle for legalization, it’s also necessary. Don’t misunderstand – a lot of reform organizations are doing important, valuable, and necessary work to fight prohibition and advance the cause of reform and make marijuana’s legalization possible. At the same time it is important to realize that organizations and individuals involved in this cause rely on funding, and fundraising relies on marketing, and the only way to keep the money flowing is to present a convincing case for progress. Everyone involved in the reform movement is compelled, for one reason or another, to argue and believe that their work is making a difference, that progress is being made, and that their efforts are, in one way or another, relevant and important.

NORML works hard to empower people at the local level to become involved in the political process, and NORML’s National Legal Committee works even harder to make sure that individuals arrested for marijuana offenses receive superior legal representation and advocacy in court. The Marijuana Policy Project has made impressive progress in launching legislative efforts in many states around the country and has single-handedly made marijuana reform a pressing issue in many state legislatures through lobbying, initiatives, and local political activity. Americans for Safe Access has fought for the rights of medical cannabis patients locally and at the federal level. Students for a Sensible Drug Policy has represented the interests of college students and introduced drug policy advocacy to legions of university students throughout the nation. The HIGH TIMES 420 Campaign has provided renewed focus on appealing for marijuana’s legalization at the national level. These are just a few of the valuable efforts underway these days.

With due respect and appreciation for all of these and other good efforts on behalf of marijuana users across the country, the burning question remains: why are we no closer to legalization now than in the past? Seriously, we are no closer now than we were 10, 20, or even 30 years ago. Marijuana legalization is in no way a national issue of interest to the general public, nor to any significant number of national legislators. The best the reform movement can hope for in the immediate future is the passage of decrim legislation in a few states, some form of national decrim from the federal government with only symbolic value when it comes to local level law enforcement, and some form of additional protections for medical patients based on changes in local laws and/or federal legislation.

There is a popular theory of social change grounded in the notion of a tipping point, that if enough incremental changes occur they will accumulate and accelerate, like a chain reaction, and tip the balance from prohibition to reform in a way that will then make legalization inevitable. In this respect the modern reform movement has placed its faith in a theory of social change based on a belief in the power of obtaining a critical mass that, like an atomic reaction, will produce an unstoppable annihilation of marijuana prohibition. This theory is the basis by which many in the reform movement measure progress.

The problem, though, is twofold. First of all, there is the issue of time. The movement has been based on this belief in incremental progress for over 40 years and it does not, really, seem to be working. It is an easy, even necessary belief, and in that respect it is all too convenient to rely on – especially for those who don’t really face the prospect of arrest (again, such as middle-aged white guys like me). Second, it focuses effort and attention on goals and objectives of secondary importance, on the obtainable rather than on what is really necessary. The incremental approach is subject to the bias of self-interest, the bias of selecting goals that place the success of advocates over the interests and needs of their constituents – marijuana users, and especially marijuana users most likely to get arrested, such as teenagers, young adults, and minorities. What marijuana users need now, in the early 21st century, is a 21st century solution to the problems of marijuana prohibition rather than a rehashed, new and supposedly improved version of 20th century strategies that didn’t work then and aren’t showing much promise of working now.

The solution to the problem of marijuana prohibition is marijuana’s legalization, plain and simple. It’s also the most likely strategy for success. It’s time for reform advocates and organizations to focus on legalization, what it requires, their strategies for bringing it about, and how involvement in their programs and financial support for their efforts will make marijuana’s legalization a reality. Everything and anything else is just blowing smoke.