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People line up at Main Street Marijuana on July 9 in Vancouver, Wash.

(The Oregonian/Beth Nakamura)

By David Fidanque

On July 15, two retired Multnomah County prosecutors argued that Oregon voters should reject the initiative designed to reform our failed approach to marijuana.

While the prosecutors acknowledge it is just a matter of time before marijuana use by adults 21 and older will be legalized, regulated and taxed in Oregon, they demand that it be done only on their terms.

Let's step back for a minute. In the last decade, Oregon police have arrested or cited more than 95,000 people for marijuana offenses, according to the Oregon State Police. That's like arresting or citing every single person who lives in Hillsboro. Last year, a person was arrested or cited for a marijuana offense every 41 minutes in Oregon.

It's more than a waste of money; it's a distraction. Police ought to focus on keeping our roads safe and stopping violent criminals, not clogging our courts and jails with people who buy pot. And people who buy marijuana ought to be taxed for it. Right now marijuana sales are feeding black market cartels that fuel violent crime.

Then there's the toll that our current approach has on the people who are arrested. A college student who gets busted for buying one ounce of pot could have a criminal record that follows him for the rest of his life – every time he applies for a job, rents an apartment or applies for a loan. Some think marijuana is "decriminalized" in Oregon, but selling or buying it is still against the law. Police officers arrest and cite people for it because that's their job, and that's the question before us.

Where the current approach becomes morally reprehensible is when you look at how marijuana laws are implemented. People of color use marijuana at the same rate as whites, but they're more than twice as likely to be arrested or cited for it in Oregon. Legalizing, regulating and taxing marijuana sales is the best way to end that disparity. Every day we wait is a day that more lives are ruined.

Many of the fears the retired prosecutors bring up are unfounded. Despite what they suggest, it is already illegal to drive while impaired by any drug. It will continue to be illegal to drive while impaired if the New Approach Oregon marijuana reform measure passes. People who drive high on marijuana will still get arrested and convicted.

The prosecutors say we should give police officers the right to demand that drivers submit to mandatory blood draws without a judge's approval. That's a bad idea and it's unnecessary. Police already can require drivers to do field sobriety and drug recognition tests for marijuana impairment, just as they can do field tests for alcohol, fatigue, prescription drugs or Nyquil. Those field tests are used every day to convict people in court. If police want to forcibly take someone's blood, they should call a judge and get a warrant.

The prosecutors also want to more greatly restrict homegrown marijuana. The New Approach Oregon measure is patterned after alcohol homebrew laws. Lots of people talk about brewing their own beer, but few actually do. Growing marijuana is complicated, and most will opt for buying a labeled and tested product in a state-licensed store. For the few who want to grow plants, the measure limits the amount, they can't have it in public view, and they will even have to pay taxes on the starter plants.

Public opinion is changing on marijuana regulation and legalization. A majority of Oregonians support it in concept and are open to hearing more. The details matter.

The New Approach Oregon measure will put in place more than 30 pages of strict laws. Taxes on marijuana would go to mental health and addiction services, public schools, drug prevention and education programs and local and state police.

This proposed law is balanced and addresses the most urgent priorities for our community: stopping the wrongs associated with jailing people for marijuana; regulating and restricting the availability and sale of marijuana to responsible adults; better protecting kids; and generating revenue our state really needs.

Please take a closer look: Treating marijuana use as a crime has failed and we have a better path forward.

David Fidanque is the executive director of the American Civil Liberties Union of Oregon and helped write the marijuana legalization initiative that is expected to qualify for the November ballot in Oregon.