October 28th, 2010 – I dropped in on a marijuana shop here that proudly boasted that it sells “31 flavors.” It also offered a loyalty program. For every 10 purchases of pot — supposedly for medical uses — you get one free packet.

“There are five of these shops within a three-block radius,” explained the proprietor, Edward J. Kim. He brimmed with pride at his inventory and sounded like any small businessman as he complained about onerous government regulation. Like, well, state and federal laws.

But those burdensome regulations are already evaporating in California, where anyone who can fake a headache already can buy pot. Now there’s a significant chance that on Tuesday, California voters will choose to go further and broadly legalize marijuana.

I hope so. Our nearly century-long experiment in banning marijuana has failed as abysmally as Prohibition did, and California may now be pioneering a saner approach. Sure, there are risks if California legalizes pot. But our present drug policy has three catastrophic consequences.

First, it squanders billions of dollars that might be better used for education. California now spends more money on prisons than on higher education. It spends about $216,000 per year on each juvenile detainee, and just $8,000 on each child in the troubled Oakland public school system.

Each year, some 750,000 Americans are arrested for possession of small amounts of marijuana. Is that really the optimal use of our police force?

In contrast, legalizing and taxing marijuana would bring in substantial sums that could be used to pay for schools, libraries or early childhood education. A Harvard economist, Jeffrey A. Miron, calculates that marijuana could generate $8.7 billion in tax revenue each year if legalized nationally, while legalization would also save the same sum annually in enforcement costs.

That’s a $17 billion swing in the nation’s finances — enough to send every 3- and 4-year-old in a poor family to a high-quality preschool. And that’s an investment that would improve education outcomes and reduce crime and drug use in the future — with enough left over to pay for an extensive nationwide campaign to discourage drug use.

The second big problem with the drug war is that it has exacerbated poverty and devastated the family structure of African-Americans. Partly that’s because drug laws are enforced inequitably. Black and Latino men are much more likely than whites to be stopped and searched and, when drugs are found, prosecuted.

Here in Los Angeles, blacks are arrested for marijuana possession at seven times the rate whites are, according to a study by the Drug Policy Alliance, which favors legalization. Yet surveys consistently find that young whites use marijuana at higher rates than young blacks.

Partly because of drug laws, a black man now has a one-in-three chance of serving time in prison at some point in his life, according to the Sentencing Project, a group that seeks reform in the criminal justice system. This makes it more difficult for black men to find jobs, more difficult for black women to find suitable husbands, and less common for black children to grow up in stable families with black male role models. So, sure, drugs have devastated black communities — but the remedy of criminal sentencing has made the situation worse.

The third problem with our drug policy is that it creates crime and empowers gangs. “The only groups that benefit from continuing to keep marijuana illegal are the violent gangs and cartels that control its distribution and reap immense profits from it through the black market,” a group of current and former police officers, judges and prosecutors wrote last month in an open letter to voters in California.

I have no illusions about drugs. One of my childhood friends in Yamhill, Ore., pretty much squandered his life by dabbling with marijuana in ninth grade and then moving on to stronger stuff. And yes, there’s some risk that legalization would make such dabbling more common. But that hasn’t been a significant problem in Portugal, which decriminalized drug use in 2001.

Likewise, medical marijuana laws approved in 1996 have in effect made pot accessible to any adult in California, without any large increase in usage. Special medical clinics abound where for about $45 you can see a doctor who is certain to give you the medical recommendation that you need to buy marijuana. Then you can visit Mr. Kim and choose one of his 31 varieties, topping out at a private “OG” brand that costs $75 for one-eighth of an ounce. “It’s like a fine wine, cured, aged, dried,” he boasted.

Or browse the online offerings. One store advertises: “refer a friend, get free joint.” And the world hasn’t ended.

One advantage of our federal system is that when we have a failed policy, we can grope for improvements by experimenting at the state level. I hope California will lead the way on Tuesday by legalizing marijuana. By NICHOLAS D. KRISTOF. Source.

October 27, 2010 – By GEORGE SOROS – Our marijuana laws are clearly doing more harm than good. The criminalization of marijuana did not prevent marijuana from becoming the most widely used illegal substance in the United States and many other countries. But it did result in extensive costs and negative consequences.

Law enforcement agencies today spend many billions of taxpayer dollars annually trying to enforce this unenforceable prohibition. The roughly 750,000 arrests they make each year for possession of small amounts of marijuana represent more than 40% of all drug arrests.

Regulating and taxing marijuana would simultaneously save taxpayers billions of dollars in enforcement and incarceration costs, while providing many billions of dollars in revenue annually. It also would reduce the crime, violence and corruption associated with drug markets, and the violations of civil liberties and human rights that occur when large numbers of otherwise law-abiding citizens are subject to arrest. Police could focus on serious crime instead.

The racial inequities that are part and parcel of marijuana enforcement policies cannot be ignored. African-Americans are no more likely than other Americans to use marijuana but they are three, five or even 10 times more likely—depending on the city—to be arrested for possessing marijuana. I agree with Alice Huffman, president of the California NAACP, when she says that being caught up in the criminal justice system does more harm to young people than marijuana itself. Giving millions of young Americans a permanent drug arrest record that may follow them for life serves no one’s interests.

Racial prejudice also helps explain the origins of marijuana prohibition. When California and other U.S. states first decided (between 1915 and 1933) to criminalize marijuana, the principal motivations were not grounded in science or public health but rather in prejudice and discrimination against immigrants from Mexico who reputedly smoked the “killer weed.”

Who most benefits from keeping marijuana illegal? The greatest beneficiaries are the major criminal organizations in Mexico and elsewhere that earn billions of dollars annually from this illicit trade—and who would rapidly lose their competitive advantage if marijuana were a legal commodity. Some claim that they would only move into other illicit enterprises, but they are more likely to be weakened by being deprived of the easy profits they can earn with marijuana.

This was just one reason the Latin American Commission on Drugs and Democracy—chaired by three distinguished former presidents, Fernando Henrique Cardoso of Brazil, César Gaviria of Colombia and Ernesto Zedillo of Mexico—included marijuana decriminalization among their recommendations for reforming drug policies in the Americas.

Like many parents and grandparents, I am worried about young people getting into trouble with marijuana and other drugs. The best solution, however, is honest and effective drug education. One survey after another indicates that teenagers have better access than most adults to marijuana—and often other drugs as well—and find it easier to buy marijuana than alcohol. Legalizing marijuana may make it easier for adults to buy marijuana, but it can hardly make it any more accessible to young people. I’d much rather invest in effective education than ineffective arrest and incarceration.

California’s Proposition 19, which would legalize the recreational use and small-scale cultivation of marijuana, wouldn’t solve all the problems connected with the drug. But it would represent a major step forward, and its deficiencies can be corrected on the basis of experience. Just as the process of repealing national alcohol prohibition began with individual states repealing their own prohibition laws, so individual states must now take the initiative with respect to repealing marijuana prohibition laws. And just as California provided national leadership in 1996 by becoming the first state to legalize the medical use of marijuana, so it has an opportunity once again to lead the nation.

In many respects, of course, Proposition 19 already is a winner no matter what happens on Election Day. The mere fact of its being on the ballot has elevated and legitimized public discourse about marijuana and marijuana policy in ways I could not have imagined a year ago.

These are the reasons I have decided to support Proposition 19 and invite others to do so. By GEORGE SOROS. Source.

Mr. Soros is chairman of Soros Fund Management and founder of the Open Society Foundations.