Tag Archives: Drug Laws

Dude, where’s my pardon?

Fascinating article by Eric Stern for Salon.com relating to a question I had when Colorado eased up on their marijuana laws: What happens to all those who are in jail and/or are being prosecuted by incidents involving marijuana yet happened before this new eased regulations were instituted?

http://www.salon.com/2014/01/17/dude-wheres-my-pardon-colorados-marijuana-law-raises-serious-legal-conundrums/

In many ways I’m a real “square”.  Throughout my life I’ve hardly ever had alcohol (I have never been drunk and I don’t drink because I don’t like the taste of most alcoholic beverages), I don’t smoke (tried it for at most two days in high school before giving up), and have never taken any illegal drugs (though like many I certainly had the opportunities to do so, again in high school as well as college).  That last bit obviously includes the use of marijuana, which I haven’t so much as had single puff of.  In fact, during the years when I was exposed to its use via friends, I was very much against it though I don’t recall ever pontificating against its use (I could be wrong but throughout my life I was never much of a “strident” type).

Over the years I’ve come to the opinion that drug laws in this country are both too harsh and ineffective.  It is also my opinion our society is repeating the mistakes of Prohibition.  Drug laws, like the Prohibition laws of the 1920’s, have spawned a vast criminal underclass devoted to selling these illegal items, some of which are clearly more damaging than others.  The bottom line remains the same as it was during the Prohibition years: If people want to use an illegal substance, they WILL find a way.  Many may get caught while many others won’t, but the use will continue.

So now that marijuana, an illegal drug many consider no stronger and less damaging than alcohol, is essentially “allowed” in Colorado (there are fine lines in the new law, which are addressed in the article) while “medicinal marijuana” is looked upon more and more favorably in other states, a very legitimate question is raised: What happens with the people of Colorado who are in prison specifically for the use and/or distribution of marijuana?

Should they be immediately freed?  Should their records be wiped clean?  And what if this legalization seeps into other states?  What happened to all the others in prison for similar offenses?

Culturally, we’re in interesting times and the above article offers some food for thought.