Know your rules

Drug policy in the United States is a loaded issue. State laws can differ from each other, as well as from the federal government concerning drug sentencing, reforms, medical marijuana, drug treatment instead of incarceration ... the list goes on and on.

A debate clearly at the forefront of the larger issue is the legalization of marijuana. According to the 2001 National Household Survey on Drug Abuse, more than 30 percent of Americans have smoked marijuana at some point, making it the most frequently used illegal drug.

What's up in Washington state

State laws concerning drug policy can vary. Federal law overrides state law, but as most drug enforcement occurs at a state level; the state laws make much of the difference in daily life.

The state governments also tend to reform their policies first, with the change moving up the ladder to the federal level. This movement is the hope of drug-policy-reform groups -- if enough local change is made, the federal government will have to listen.

The state of Washington is fairly liberal in its drug policies, passing six reforms in the past six years. In 1998, voters passed Initiative 692, which legalized the use of medical marijuana.

Possession of less than 40 grams is considered a misdemeanor, as is any sort of possession, manufacture or delivery of paraphernalia, punishable by up to 90 days in jail and a $1000 fine. Any amount of cultivation or sale of the plant is a felony, punishable by up to five years in jail and a $10,000 fine.

In Oregon, possession of more than one ounce (about 30 grams) is considered a felony, as is any amount of sale or manufacture. Yet, interestingly enough, a "gift" (meaning no payment is received) of less than an ounce is only classified a misdemeanor.

Idaho law classifies a crime as being under the influence or using the drug in public. Even being in a place where known drug activity is going on can get a person into jail for up to 90 days and fined up to $300.

The United States does have somewhat of a history with marijuana legalization. In 1975, the state of Alaska legalized marijuana, allowing adults to possess the drug for personal consumption in the home. However, a University of Alaska survey showed that by 1988, Alaskan teens were using marijuana at twice the rate of the national average -- two years later, citizens voted to recriminalize the possession of marijuana.

Uncle Sam says 'no' to po

The national policy on marijuana is that it is completely illegal, and this overrides state laws. Under the Controlled Substances Act, marijuana is classified as a Schedule 1 drug. Schedule 1 is the most restrictive schedule and defines the drug as one with a high potential for abuse.

Congress has deemed that the drug has no medical value, and Drug Czar John Walters, director of the Office of National Drug Control Policy, is against marijuana decriminalization.

The federal government holds that the marijuana is harmful, dangerous and addictive; it claims that 225,000 Americans entered substance-abuse treatment principally for dependence on marijuana in 1999. Further, two-thirds of teenagers in drug treatment are there for marijuana use.

Marijuana is also suggested as a link to crime, as well as a gateway drug to other harder drugs such as cocaine and heroin.

Reforming and upholding rules

Along with the state and federal government, there are also dozens of governmental and non-governmental organizations committed to reform as well as enforcement of the current laws on drug use.

The Drug Enforcement Agency (DEA) works to enforce the federal policies. According to Tom O'Brien of public affairs in the DEA's Spokane office, the purpose of the "single-mission agency" is to "investigate and dismantle any drug activity." The DEA is against legalization and claims that American drug policy is successful; today, overall drug use is down.

One of the reform organizations is the Drug Policy Alliance (DPA). The DPA works to "end the war on drugs and promote policies based on common sense, science, public health and human rights." The agency distributes drug news, informs representatives of effective policies and runs workshops across the country to educate the public on the issues and the facts.

Other groups are more specific. The National Organization for the Reform of Marijuana Laws (NORML) works specifically for its stated purpose.

These drug-reform organizations such as the DPA and NORML do not agree with the federal government's views on marijuana. Many independent government-sponsored studies have shown the drug to be fairly harmless; there is no conclusive evidence that it is addictive nor a gateway drug -- and that there are indeed benefits to medical marijuana.

These agencies advocate the legalization of marijuana consumption, and suggest that the time and money spent on marijuana crimes could be better used targeting violent crime.

Outside the United States

Abroad, drug policies can be even more varied. The general trend of many European countries is of more relaxed laws, particularly concerning marijuana.

In Britain last year, the Advisory Council on the Misuse of Illicit Drugs released a report determining that alcohol poses risks much greater to society than does marijuana, and that tobacco can be more harmful to the individual.

This report caused the use of marijuana to be decriminalized to "low-risk" status. Yet, according to an Aug. 12, 2002, New York Times article by Sarah Lyall, results have been mixed.

In a country of an acknowledged 5 million "habitual users," downgrading the penalties for marijuana has freed up a lot of money as well as the police force to pursue more-harmful and dangerous crimes.

Yet, many in the Brixton community in South London complained after the so-called "experiment," as smokers lit up frequently and publicly. Interestingly enough, the police were then brought in to clear the streets.

The government of the Netherlands has decriminalized possession of small amounts of marijuana and its sale is technically illegal, yet the infamous "coffee shops" are allowed to exist if they abide by certain conditions. This includes no sale of more than 5grams at a time, no sale of hard drugs, no advertising of drugs and no sale to or in the presence of minors (under age 18). The store may not cause a "nuisance," nor can the municipality order it closed.

Going up north?

In Canada, marijuana is currently illegal, but laws are enforced inconsistently across the country. Medical marijuana is permitted under certain regulations, and the drug may be on its way to being decriminalized for personal use after government reports similar to those in the United Kingdom came out last year.

In September, the Special Senate Committee on Illegal Drugs found that marijuana is not a gateway drug, and it should be addressed more like alcohol and tobacco.

Legislation is expected to be introduced this year, decriminalizing possession and use of small amounts of marijuana; the punishment of fines would replace the traditional punishment of jail time and criminal records.

The U.S. federal government is not happy about these impending changes, and fears that these laws will increase the already fairly heavy marijuana flow south across the border. Stricter border controls are warned as probable consequences.

It is clear that public opinion is varied on the issue of marijuana decriminalization and legalization. It is also clear that some laws are changing around the world and across the country, and that none of these drug policy issues are going away anytime soon.

For more information on drug policy and reform, check out these Web sites: www.usdoj.gov/dea,

www.whitehousedrugpolicy.gov, www.drugpolicy.org and www.norml.org.