By John Fisher

Everything The Oregonian said in its

is true. Nevertheless, the editors miss the forest for the trees. On Nov. 6 voters should legalize marijuana. This is why:

First, criminalization breeds disrespect for the law. To successfully enforce a law, it must be supported by an overwhelming percentage of the population. Surveys show support for marijuana legalization at about 50 percent. In a situation reminiscent of Prohibition, millions of Americans smoke marijuana. They, as well millions of others, believe marijuana laws are hypocritical and misguided. Hypocrisy breeds disrespect. This disrespect taints the entire criminal justice system.

Second, enforcement is arbitrary. The odds of apprehension are very low. Violating a criminal law should result in swift and certain apprehension and conviction, which is certainly not true of marijuana enforcement.

Third, conviction for a marijuana-related offense is devastating and grossly disproportionate to the seriousness of the crime. Millions of people smoke, grow or sell pot, but for those who are caught, the outcome can be extremely harsh. Distributing, growing or possessing more than an ounce is a Class A or B felony. Convictions at this level both destroy prospects for a normal life and fall disproportionately on the young and especially people of color. Prosecutors say they use charging decisions or plea bargains to achieve just results. There are two drawbacks to this argument: the occasional innocent defendant ought not have to choose between pleading guilty to a lower-level crime or risking a felony conviction by going to trial on a more serious charge; and there is no recourse if someone is prosecuted by a district attorney who refuses to plea bargain as a matter of principle or is interested in padding his felony-conviction statistics, both of which happen in the real world.

Fourth, marijuana prohibition encourages organized crime. Although much of the marijuana used in Oregon is homegrown, much is imported from Mexico by drug cartels, which are ruthless and violent. Their presence is bad for Oregon and horrendous for Mexico.

Fifth, regulation and taxation would provide substantial income to government. Marijuana may be America's largest cash crop with estimated annual sales of more than $35 billion, more than corn and wheat combined. Taxation could provide public interest programs that discourage use by minors, fund treatment programs and still leave a lot for county and state government. This would especially benefit rural counties suffering from loss of timber revenue.

Sixth, law enforcement is addicted to money from the drug war. Drug forfeitures and fines produce substantial income for police. This skews enforcement away from other crimes. This is just wrong. Person and property crimes deserve greater emphasis than drug enforcement.

Finally, we can't depend on the Legislature to legalize marijuana. Though we wish the Legislature would take on serious issues, most legislators just strive to avoid controversy -- and legalization of marijuana is controversial. So it is up to the people to show the way.

For all these reasons, marijuana should be legalized now. Let the Legislature amend the silly and stupid parts of the initiative, but don't allow its weaknesses to obscure the main point. Oregonians have been first before in acknowledging changes in societal norms. We may as well be first again.

John Fisher is a former Polk County district attorney and was a prosecuting attorney in Oregon for more than 20 years.