By DIANE GOLDSTEIN
Last week, the secretary of state announced that the Adult Use of
Marijuana Act will qualify for the November ballot. I spent over 20
years as a police officer, so I know how important it is to bring
clarity to our marijuana laws. Law enforcement associations opposed to
the measure continue to be on the wrong side of public opinion, citing
mistaken concerns about motorist safety and the illegal market.
Since 1996 and the passage of Proposition 215, which legalized
medicial marijuana, our roadways have seen a decrease in the fatality
rate per 100 million vehicle miles traveled from 1.32 to .92. These
accident rates continue to be lower than the national average including
states where marijuana is only available in the illicit market. This is
despite law enforcement’s characterization of California as having
“de-facto marijuana legalization.”
It’s clear that no one should drive while impaired, whether the
substance is legal or not, and we should hold those that do accountable.
But in the discussion of this important issue, experts such as AAA and
the National Highway Traffic Safety Administration both conclude that
THC blood concentration limits are scientifically flawed as marijuana is
metabolized differently than alcohol.
Unlike the presence of alcohol in
blood, THC and its metabolite carboxy THC may be present in subjects
for days or even weeks following consumption.
Police opposition to legalization fails to mention that NHTSA and AAA
stated the best enforcement strategy for detecting drivers who are
impaired is enhanced training that includes a positive marijuana test
coupled with behavioral and physiological evidence of impairment, not
just a presumptive test. California police already utilize nationally
recognized training and best practices designed to detect roadside
impairment like this.
Those concerned about the impacts on communities spread the message
that marijuana use by our children will increase. Kids are safer when
marijuana is legal, regulated and controlled. By putting sales behind
the counter and reducing contact to street dealers, fewer kids can
access marijuana and other drugs. The greatest harm that young people
encounter when they come into contact with marijuana arises while
accessing the underground market and being exposed to criminal activity
of all kinds.
Despite marijuana being decriminalized, medically available or
legalized in much of the country, teen marijuana use is actually
declining nationwide. A new study from the Washington University School
of Medicine examined over 216,000 12 to 17-year-olds over a 12 year time
span and found that marijuana abuse and related issues, such as trouble
in school and relationships, declined by 24 percent across the U.S.
Improving our marijuana laws has not caused our children to become
marijuana monsters, no matter what prohibitionists tell you.
Law enforcement concerns for public safety are best served through
the control and regulation of the illicit market. Many years of research
show that prohibition is what causes violence in our communities.
Through reasonable regulatory measures, we can address many of the harms
caused by prohibition. And rather than spending limited criminal
justice resources on marijuana enforcement, we can more effectively
design both public health and public safety strategies that reduce
substance abuse while focusing our energy on more serious crimes.
There is no such thing as a drug-free society. The role of law
enforcement should be to support reducing the harms of drugs and
violence based on empirical research and best practices. We should not
be supporting failed drug policies that have done nothing to reduce the
availability of illicit drugs in our communities. I believe the Adult
Use of Marijuana Act is the best chance for California to end a failed
war on marijuana by creating a new system of regulation and control that
will help to greatly reduce public health and public safety risks for
all Californians.
Diane Goldstein is a 21-year veteran of law enforcement who
served as the first female lieutenant for the Redondo Beach Police
Department. She is a speaker and Executive Board Member for Law
Enforcement Against Prohibition, a group of law enforcement officials
opposed to the war on drugs.
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