Editor’s note: This commentary is by Kimberly Cheney, who was Vermont attorney general from 1973-75.
[V]ermont has a unique opportunity to become one of the first states to legalize and regulate marijuana for adult use, and we should seize that opportunity by passing S.241. This bill, which would end the prohibition of marijuana for adults 21 and older, has passed the state Senate in a 17-12 vote and will soon be considered by the House of Representatives.
The fact that we are in position to make this change through our legislative process, rather than a voter initiative, speaks volumes of the commitment our legislators and state government officials have to prioritize the will of Vermonters. Gov. Peter Shumlin called for the Legislature to end marijuana prohibition in his State of the State address this year, and more recently, Attorney General Bill Sorrell and former Attorney General Jerome Diamond joined me in signing a letter of support of S. 241. A recent poll from Castleton Polling Institute confirmed that we are indeed speaking for a clear majority of state residents on this issue, as 55 percent said they favored legalization and regulation, while only 32 percent said they were opposed.
We have the power to decide that the hard-working, law-abiding, tax-paying residents of Vermont are far more deserving than criminals to make money from marijuana.
Having worked closely with police officers and judges throughout my legal career and as attorney general of Vermont, I’ve garnered a deep respect for the difficult work that law enforcement officers and other criminal justice professionals do every day. Maintaining public safety, helping victims of crimes seek justice, and working to develop and maintain the relationship between communities and police are difficult tasks, to say the least. Limiting drug abuse, especially for youths, is a priority among all public health and safety officials, but we must acknowledge that our existing prohibition on marijuana production and sale hasn’t worked. If the laws were working, there would be more barriers between marijuana and kids, and we’d be empowering Vermont businesses while simultaneously bankrupting criminals. While I understand and sympathize with the plight of police officers who are concerned about the drug problem ravaging our communities, I have come to see the eradication of marijuana as nothing more than a fantasy. We can do better by moving to a sensibly regulated approach as described in S.241, with revenues dedicated to protecting public health and safety.
Although we often hear the term “controlled substance” used to describe marijuana as a prohibited drug, it’s important to acknowledge the reality that, under current circumstances, we have no control whatsoever over marijuana production and sale. Prohibition ensures that the only people in charge of the illegal marijuana industry are criminals, and although not everyone who participates in the illicit marijuana industry is a hardened criminal, many dangerous criminals are empowered financially by the money to be made on this commodity. By keeping the drug illegal, we’re only ensuring that dangerous criminals become wealthy, just as they did during the disastrous prohibition of alcohol.
Instead of continuing this failed policy, we should regulate marijuana in a controlled environment to limit underage access and ensure consumer safety for adults. We have the power to decide who benefits from an industry that is clearly not going to disappear. We have the power to decide that the hard-working, law-abiding, tax-paying residents of Vermont are far more deserving than criminals to make money from marijuana.
Continuing marijuana prohibition is an unrealistic option that will only further damage our communities. My colleagues and I at Law Enforcement Against Prohibition (LEAP) know from personal experience that marijuana prohibition has failed. We also know the solution is within reach – tax, regulate and control marijuana for adults in Vermont and reap the public safety benefits of truly controlling it. We can put this responsible solution into practice by passing S.241 through the House of Representatives and on to the governor’s desk.
