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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Oct. 8, 1998)
Reefer madness Marijuana is harmless and should he legalized TIM SULLIVAN is a third year law student and a Daily Nebraskan colum nist. In 1937 our government made my drug of choice illegal. I prefer mari juana over alcohol or any other recre ational drug. Every year, millions of Americans are destroying their livers, families, marriages, relationships, jobs and their very lives by consum ing billions of dollars worth of a far more dangerous drug. Alcohol. Why is alcohol legal and marijuana illegal? When I meet people for the first time, and they learn I’m a law stu dent, they often ask if I have political aspirations. Many in law school do. I have to tell them I probably couldn’t stand the public scrutiny that goes with running for office. I tell them I have a few too many skeletons in the closet. That’s right. I inhaled. (For shame!) I found the high to be euphoric, with no ill effects. It wasn’t a “gate way” drug for me either, leading me to use harder drugs. The real shame is that I can’t par take of some good sinsemilla without worrying about Johnny Law, or worse yet, the bar association. A conviction could cause me to be denied permission to take the bar exam next year. If you drink, though, you don’t have to worry about tossing your empties into the garbage. But if you like to smoke a little dope now and then, tossing your seeds and stems into the garbage could cause you serious problems. The police can rummage through your garbage anytime they like. That’s because you have no reason able expectation of privacy when it comes to your gart»a; makes no difference if your garbage cans are on your property or out in the alley, either. so tney can look through your garbage, and if they find seeds or stems, they can get a warrant to search your residence. The ; / seeds or stems V they find in /\ your garbage / \ give them J the proba- \ ble cause they need for the search. > In other words, the police are able to tram- / pie all over your rights under the Fourth / Amendment. The Marijuana Policy Project esti mates that the war f. on marijuana / , Jk costs taxpayers ' *||jP $7 bilhon annu- : W ally. But > decriminaliza- * tion in Cahfomia saves about $ 100 million per 1 year. I Marijuana has been ^ decriminalized in nine states, including i Nebraska. That doesn’t f mean it’s legal. It’s just \ not criminal. In Nebraska, • any person knowingly or intentionally possessing marijuana weighing one ounce or less shall, for the first offense, be guilty of an infraction, receive a citation, be fined $ 100 and be assigned to attend a course if the judge determines that attending such a course is in the best interest of the individual defendant. Neb. Rev. Stat. 28-416. The other states that have decrim inalized marijuana are California, Colorado, Maine, Minnesota, Mississippi, New York, North Carolina and Ohio. Oregon used to be among them, but it recently re-criminalized mari juana when Oregon Gov. John A. Kitzhaber signed into law H.B. 3643 earlier this year. This made marijuana possession of less than an ounce a misdemeanor punishable by up to 30 days in jail and a $ 1,000 fine, plus a six-month driver’s license suspension for those who fail to complete a drug treatment program. Oregon residents unhappy with the new law prevented it from taking effect by forming the “Citizens for Sensible Law Enforcement” and gathering enough signatures to get wauv/ wii uit uaiiui nils i'Nuvciiiuci. Oregon voters will decide if they support the legislature’s move to increase marijuana penalties. If the majority votes yes, then the legisla ture’s 1997 law will immediately go into effect; if the majority votes no, then the legislature’s law will be nul lified. There is no doubt in my mind that alcohol is a far more dangerous drug than marijuana. The ability to safely operate a motor vehicle under the influence of alcohol is a prime exam ple. It’s illegal to operate a motor vehicle in this state under the influ ence of alcohol or drugs. The State Patrol trains its officers to be able to recognize drug-impaired drivers. If you fail their field tests, they can require you to submit to chemical testing for the presence of marijuana or other drugs. Presumably, you can be found guilty of driving under the influence if your chemical test is positive for marijuana. Your license can’t be administratively revoked positive drug test, though. That’s not one of the issues in an administrative license revocation hearing for driving under the influence of alcohol or refusing a chemical test for its pres ence. But because you still have to deal with the criminal charge, I have to question the accuracy of any chemi cal test for marijuana that purports to be able to say, with any degree of cer tainty, that anyone was operating a motor vehicle at a given moment under the influence of marijuana. I also question the wisdom of making it a crime to drive under the influence of marijuana. So what if I drive a little slower? But no one can dispute the fact that drinking and driving don’t mix. Alcohol inflicts a great many ills upon society. Alcoholism is rampant. Millions of people have lost their lives at the hands of drunken drivers. Unless you drink and drive, you don’t have to worry about Johnny Law. Isn t there something odd about a law that makes a virtually harmless drug illegal? And a law that makes an extremely dangerous drug legal? My experience with marijuana goes back to 1973 or so. I don’t recall exactly when the first time I tried it was, but I know I was 13 or 14. I have, without success, tried to understand why it should be illegal ever since. There were a number of studies on marijuana that the government ignored in deciding to criminalize it and in maintaining its prohibition. Every one of these comprehen sive, objective government commis sions has recommended against crim inalization. As college students or faculty and staff members who may smoke a lit tle reefer on occasion, you may be interested in knowing that a one-year minimum prison sentence is mandat ed for “distributing” or “manufactur ing” controlled substances within 1,000 feet of any school, university or playground. Most areas in a city fall within these “drug-free zones.” An adult who lives within this dis tance from a university is subject to a one-year : mandatory minimum ror selling an | ounce of marijua I na to another adult - or even grow ing one marijua na plant in his or her basement. Someone has to | sell it in order for I you to buy it, H r^l*V right? So, at least Wl )for [ now, or | until I A move to l\ Amsterdam, wi J! Netherlands, jjfj £; or some # j|. where like | mm that, I’ll have 1 :Wm to live with Ywjjk out it. That’s I \ 11 the real I \ Matt Haney/DN ' . At-vj BLACK & WHITE, SELF SERVE COPIES kinko's ! 1201Q Street, Lincoln 475-2679 I Bring this coupon to the Kinko's listed and receive 4C self-serve, black & white copies. Ho limit Offer good for letter size, single " ■ sided copies on our standard white paper. Offer is limited to one coupon per person. Coupon must be presented at time of purchase and I “ is not valid with other offers or discounts. Offer valid at time of purchase only and may not be discounted or credited toward past or ■ ■ future purchases. Offer valid at Kinko's bsted locations only. Coupon void where prohibited by taw. No cash value. ©1998 Kinko's, Inc. I * All rights reserved. Kinko's is a registered trademark of Kinko's Ventures, Inc. and is used by permission. 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