Drug Laws

From NORML (National Organization for the Reform of Marijuana Laws): More than 98 percent of all of the marijuana plants seized by law enforcement in the United States is feral hemp not cultivated cannabis, according to newly released data by the Drug Enforcement Administration’s (DEA) Domestic Cannabis Eradication/Suppression Program and the Sourcebook of Criminal Justice Statistics. According to the data, available online at: http://www.albany.edu/sourcebook/pdf/t4382005.pdf, of the estimated 223 million marijuana plants destroyed by law enforcement in 2005, approximately 219 million were classified as “ditchweed,” a term the agency uses to define “wild, scattered marijuana plants [with] no evidence of planting, fertilizing, or tending.” Unlike cultivated marijuana, feral hemp contains virtually no detectable levels of THC, the psychoactive component in cannabis, and does not contribute to the black market marijuana trade. Previous DEA reports have indicated that between 98 and 99 percent of all the marijuana plants eradicated by US law enforcement is ditchweed.A single recent example from Prescott, Arizona was where two seniors watering an “attractive weed” between their residences were surprised to learn from a Yavapai County Sheriff’s Deputy that they were cultivating marijuana. (Hat tip to Dave Palmer on the SKEPTIC mailing list, who offers the comment that it looks like the War on Drugs is going about as well as the War on Terror.)

The new law (which Fox has now declined to sign, and has asked for one that appears more anti-drug) would have the following effects: 1. Allow local police as well as federal police to pursue drug-related crime. This is a strengthening of anti-drug laws. 2. Codify the specifics for amounts of drugs which, if possessed, do not result in criminal prosecution, but diversion to treatment programs. Currently, this is at the judge’s discretion, requires some kind of evidence of being an addict, and is apparently a source of corruption (pay a bribe, get the charges dropped). This change seems to be relatively neutral. It doesn’t appear to me likely that these changes would have much effect on the availability or acceptability of illegal drugs in Mexico.

President Vicente Fox says he will sign it. Looks like we’ll get a chance to see how well decriminalization works a bit closer to home than the Netherlands. The laws will still be slightly more strict than the Netherlands in some regards (e.g., drug sales will not be decriminalized), less strict in others (the Netherlands is tougher on cocaine and heroin). The bill says criminal charges will no longer be brought for possession of up to 25 milligrams of heroin, five grams of marijuana — about one-fifth of an ounce, or about four joints — and half a gram of cocaine — about half the standard street-size quantity, which is enough for several lines of the drug. ...