Legislative Update: marijuana decriminalization

Note: The following update was posted by NH State Representative Jason Bedrick (R-Windham)

-Denis 

Before I send out the usual update, many of you are already aware that
I spoke in favor of HB 1623 to reduce penalties for marijuana. I know
that this is a very contentious issue and that many of you will
disagree with my position. In fact, the conservative House Republican
Alliance was divided almost exactly in half over this issue.

Just to be clear, HB 1623 would NOT legalize marijuana. Currently,
possession of marijuana is a class A misdemeanor which carries a fine
of up to $2,000 and up to a year in prison. HB 1623 reduced the penalty
to a violation with a fine of up to $200 for possession of less than
1/4 of an ounce. Anyone caught with marijuana of any amount in their
vehicle or selling any amount would still face the higher penalty.

I based my vote on the principle that the punishment must fit the
crime. In addition, government policies which do not accomplish their
stated goals should be eliminated and/or replaced. As Milton Friedman
argued, government programs must be judged by their effect, not their
intent. The intent of the anti-marijuana laws is to reduce marijuana
use, which is a legitimate government interest. Nevertheless, the
current policy of threatening high school students with prison doesn't
appear to be working. Studies show that almost 90% of high school
seniors say that marijuana is "easily available" and in the last 15
years, marijuana use among teens has tripled. Meanwhile, we've managed
to reduce tobacco use through education without threatening prison.

I don't believe that throwing teens in prison for smoking a joint
serves a societal interest. It's a stupid decision, but it shouldn't be
criminal. Opponents of the bill said that prison sentences were rare --
if so, why are they on the books at all?

As I argued on the floor of the House, if our true goal is to
reduce marijuana use, we need to abandon our failed policies and
emphasize education over imprisonment. We're wasting precious resources
on a system that doesn't work and we're destroying lives in the
process. The late, great William F. Buckley Jr. argued in favor of
marijuana decriminalization because he recognized that the war against
marijuana is doing more harm than the drug itself.

If you have any questions or concerns, you are certainly welcome to
email or call me about this and I'll discuss it with you further.

Best,
Jason Bedrick