opinion

Decriminalizing marijuana makes sense

The marijuana movement marches on. A handful of states have legalized marijuana use. Several more have decriminalized possession. Public sentiment, legalization advocates will tell us, is changing. Legalization will come someday soon.

Someday, perhaps. But probably not soon.

A decriminalization bill has been introduced into the state House of Representatives. On the surface, decriminalization makes sense. Why give someone a criminal record for simple possession? Few people are in favor of that anymore.

However, beneath the surface, questions linger. Decriminalization seems relatively simple when dealing with Delaware. But the federal government has not decriminalized marijuana possession or use.

The Obama administration has indicated it will not prosecute such cases. Congress, at the end the last session, allowed states to authorize marijuana for medical purposes. The new Republican-controlled House and Senate are unlikely to loosen any federal laws governing use or possession.

The courts might have a say, though.

Late last year, the states of Nebraska and Oklahoma petitioned the U.S. Supreme Court to overturn or control in some way Colorado’s marijuana legalization laws. Nebraska and Oklahoma can go directly to the Supreme Court, rather than lower courts, because it is a battle among states. They claim Colorado’s marijuana legalization creates a “public nuisance” in their states. No one is quite sure whether the Supreme Court will even accept the case. However, it could do some mischief if actually rules. It could, of course, overturn Colorado’s law and the legalization movement halts. It could do the opposite and overrule the federal rules and invalidate the states’. Public opinion would probably oppose the first option, but we are not sure it would accept the second.

Another possibility is that the court could set new standards that affect other state laws, such as gun control. If Maryland had no laws regulating firearms and the problem spilled over the border, would Delawareans be happy with a Supreme Court ruling that said we had no say in the matter? You can see how this can get complicated. Only a federal law can fix the problem.

The real issue in Delaware is public opinion. Several spokesmen for Delaware police organizations oppose the bill. Will the average voter ignore that opinion and support decriminalization? It probably depends on the voter’s age. The younger the voter, the more likely will be support for decriminalization.

The reality is that the criminal aspect of marijuana use and possession is far less severe than it was just a few years ago. If most of the public has no problem with that, then it makes sense to remove the stricter penalties from the law books. Decriminalization in Delaware is not likely to draw an out-of-state pot smoker the way legalization would.

Therefore, decriminalization is the way to go.