Baker Institute Blog


Marijuana: A case for legalization



Baker Institute Viewpoints is a regular blog series that presents an array of views on a single issue. In this installment, five Baker Institute fellows and two guest experts will consider whether the United States should legalize marijuana. Each weekday through Sept. 25, one of the seven writers — whose backgrounds include a biography of evangelist Billy Graham and a 30-year career in the Drug Enforcement Administration — will give his or her take on the issue.

Leading off for Viewpoints is William Martin, who directs the Baker Institute Drug Policy Program:


Marijuana’s critics cite proven negative effects of heavy use: loss of concentration and short-term memory, poor educational performance, decreased drive and ambition (the “amotivational syndrome”), impaired motor skills, damage to the lungs and circulatory system, increased anxiety and paranoia, and, in extreme cases, psychosis. Defenders acknowledge these problems but note that the overwhelming majority of users are not heavy users. Most people who smoke marijuana do so as most drinkers drink alcohol — on an infrequent or quite moderate basis.

The greatest harms associated with cannabis are not the effects of the drug but of our drug policies, which vary widely from state to state. In Alaska, possession of up to four ounces of the drug (more than enough for a hundred joints) in one’s residence is legal, as is possession of fewer than 25 plants. In Texas, possession of less than two ounces is a Class B misdemeanor, which can mean as many as 180 days in jail and a $2,000 fine. In practice, it usually draws probation, but it’s not “just a ticket.” A kid can be tossed out of school or lose a college loan or scholarship. A parent can lose custody of a child or be barred from subsidized housing. And conviction for a drug offense, even a misdemeanor, can make it extremely difficult to land a job — forever.

From a political standpoint, an easy first step in the effort to reform marijuana laws would be to remove or reduce penalties associated with small amounts of the drug, an approach commonly referred to as “decriminalization” or “depenalization.” This is already in effect or under serious consideration in much of Western Europe, Australia and Canada, and is the de facto policy in a number of states and cities in this country, even when prohibition and penalties remain on the books. In 2004, Seattle voters passed Initiative 75, directing the police to make enforcement of marijuana offenses “the city’s lowest law enforcement priority.” An assessment after four years found no increase in marijuana use among youth and young adults, no increase in crime, no adverse impact on public health. Other cities have adopted this approach and it is the informal policy elsewhere, particularly for white non-poor people.

In Texas, we could lower possession of small amounts of cannabis from Class B to Class C misdemeanor status — essentially the level of a traffic violation. This would avoid much of the inconvenience and expense for both offender and state and eliminate the stigma of a criminal conviction, but, like lowest-priority measures, it would still leave the profits in the pockets of criminals.

A better way would be to legalize marijuana outright, to remove any taint of lawbreaking and reduce the chances of capricious or discriminatory enforcement. What would that mean? It would surely include the right to grow one’s own, though most people, especially urban dwellers, would prefer to let someone else handle that side of things. Any system of legalization would involve quality control, regulation of sales and taxation. It would also retain penalities for illegal behavior related to the use of the drug, such as DUI, and it would continue to prohibit use by minors, for whom the drug holds far greater potential for harm.

Nevada in 2006 and California in 2010 came close to legalizing marijuana, with more than 45 percent of the vote in both cases. Voters in both Colorado and Washington State have a chance to legalize marijuana in the November elections. Current polls show a 47-38 percent lead for legalization in Colorado and a 57-34 percent positive margin for Washington’s Initiative 502. Even if both measures pass, federal prohibition of marijuana will remain in effect. The Drug Enforcement Administration (DEA) has cracked down on some medical marijuana growers and dispensaries in California and elsewhere, despite state laws permitting these operations, not to mention President Obama’s early pledge not to use federal forces for such actions. Challenging large and important states on policies favored by a growing majority may call for reassessment of such actions.

Texas is not likely to consider legalization in the foreseeable future, but it could and should. The largest and most powerful Mexican drug trafficking organizations use Texas as both a major market and vital conduit for shipping drugs into the United States, forming alliances with local gangs that handle sales in their territory and move the drugs outward to other regions. Legalizing marijuana would not only dry up the Texas market for illegal pot; it would also greatly reduce contact with customers who might be enticed into buying cocaine, heroin and methamphetamine. In the process, it would strip the cartels of billions of dollars they now use to extend their power and would disrupt the chain of delivery from the Texas/Mexican border northward. It would not break them — they would still have other drugs, other markets and other operations — but it would weaken them. They obviously regard the profits from marijuana trade as large enough to justify murder. As long as prohibition remains in force, they will struggle to control one of the world’s most profitable enterprises, and the carnage will continue.

If Texas, famous for its independent spirit and conservative mien, were to legalize marijuana, the world would take note, and great and beneficial change would sweep across the country.

William Martin directs the Drug Policy Program at Rice University’s Baker Institute. Portions of this essay are adapted from his October 2009 Texas Monthly article, “Texas High Ways,” available on the Baker Institute website at

James A. Baker III Institute for Public Policy

102 Responses

  1. Krymsun says:

    The Texas Democratic Party 2012 Platform contains, as part of their party platform for 2012, an issue added this year: support for marijuana decriminalization.
    “Texas Democrats urge the President, the Attorney General and the Congress to support the passage of legislation to decriminalize the possession of marijuana and regulate its use, production and sale as is done with tobacco and alcohol. We further urge the immediate decriminalization of the possession and use of medical marijuana.”

  2. WELL STATED. Al Capone was defeated when alcohol prohibition ended. Imagine the tax REVENUES reform would generate…

  3. joey says:

    Well said. The prohibition of marijuana has been a disaster. It is the most destructive/useless policy of the last 100 years, and it needs to end.

  4. Don M says:

    Having used cannabis since age 15 I now approach age 60 and have had no ill health effects from it. I use it in moderation and very much enjoy it’s effects. When I use it there is nothing criminal about any of my actions beyond the possession and use of it. Under the effects, I am likely to play chess, clean house, now the lawn, have a pleasant discussion with my wife, take care of my mother-in-law who has alzheimer’s and lives with us. I am not a criminal! I am someone who uses, and I believe, benefits from my moderate use of marijuana. What benefits you may ask, well, it helps me to relax and to enjoy my life more. Additionally, it just might be a factor in how healthy I am as I approach age 60.

    Our nation clearly needs to stop the prohibition madness. The laws are based on lies, predjudice, greed, ignorance, and cowardice. 1 out of 3 Americans are not criminals, they are just people who have tried marijuana and include the last 3 presidents and numerous lawmakers. Some like it and some don’t. It does not act as a gateway to truly dangerous drugs! For many people, it helps them to get away from them. In my case, I consume much less alcohol because of my use of marijuana which is clearly the less dangerous of the two.

    • cobiamike says:

      Very well spoken Don. Very valid points.
      I hope that I am able to enjoy my recreational
      brownies ‘legally’ before i die.

    • Louis says:

      it is unfortunate that everything we do has unintended consequences. however, i would not write you off so quickly. you smoke mj knowingly that you are directly contributing to the cartels violence. your argument: ‘i smoke yet i am a good citizen’ is comparable to saying’ i drive a car yet i don’t contribute to global warming.’

      Having grown up on the border i have mixed feelings on this issue, however I am leaning toward legalization due to the libertarian values i hold but if done it should be heavily taxed. (pardon any grammar errors).

    • Thank you for your support. A lot of money, lies, and power groups out there. My biggest concern would be border traffic,and taxes for US. not some other country. Gov. thinks they let so much in country for the losers, and the law makes a ton of money in court cost, jail time. Still too easy to go to corner store and buy six pack, DRIVE and kill people.? My job thinks I’m unfit to work for them if I smoke weed. ? We’ve been ____ since the 50′s and the movies of drugs.

    • MsRadoo says:

      Louis, why should it be “heavily taxed?” Don’t you think we’re already giving the government enough money to waste?

      I am appalled at this mentality that everything should be taxed.

    • tazz3 says:

      Pot gets you high. It impairs your judgment, because it is a powerful drug. Today Pot is much more refined and concentrated, not to mention enhanced through cross pollinating and mutations. Some or I should say many strains of pot now have high concentrations of crystallized elements of THC that when first lit do not even singe the dried plant that it clings to.

    • O.C. Jones says:

      Louis: “you smoke mj knowingly that you are directly contributing to the cartels violence.”

      You presume his source. How do you not know he buys locally grown and/or grows his own?

    • Louis says:

      MsRadoo: because MJ should be treated no different than cigarettes or alcohol, they too are heavily taxed.

      O.C. Jones: ‘Don M’ is pulling from a pool of supply, a supply that has 2/3 coming from mexico. Granted I am assuming, but i think it was a good guess.

    • Dahveed says:

      @louis Maybe you should actually read up on some methods of indoor growing. No one smokes that mexican garbage anymore.

  5. IronCelt says:

    I still do not understand how decriminalization would lessen the problem with Mexican cartels. Wouldn’t the market for marijuana expand in the US, and wouldn’t they fight that much harder to capture it? The cartels’ business practices are intimidation, violence, and murder, so what could possibly make them decide to become sober chamber of commerce type businessmen?

    • Anna says:

      I believe the thought is, if marijuana is legalized, the cartels won’t be the only suppliers — people would have legal access to marijuana through other vendors who could sell it legally. The power of the cartels in that regard will therefore be diminished.

    • Phil DeBowl says:

      Cartels only exist because our stupid government prohibits MJ.

    • Mark says:

      It’s fair to say that nobody would be able, or want to buy marijuana from a criminal cartel, when legitimate producers, who would be growing according to organic standards, and other regulated standards (no illegal/harmful pesticides, proper hygienic controls) would be in the market.

      Besides, if legal, there would be little motive of profit that criminals now have. Also, import controls (UN narcotics treaties would still forbid producing countries to export) such as the trade agreements/tariffs/protectionism would be enforced over marijuana as well.

      And people would certainly grow their own, just as they still make their own wine and beer.

    • Robert Therrien says:

      Dear Ironcelt, If people grow their own marijuana, they do not need to buy the marijuana supplied by the Mexican cartels. If the Mexican cartels cannot sell their marijuana, they make NO money, they cannot hired mercinaries to murder, intimidate, or even supprt their own growing operations, or buy weapons. people will not pay money for something they can grow themselves in their backyard garden. Hopefully this will help clear up your question.

    • Keith says:

      The decriminalization of marijuana would have the same effect as legalizing alcohol at the end of prohibition, pull the rug out from under the criminals. There would still be a market but the margins would be greatly reduced. You ought to read an article of how the effect of “medical” marijuana in California dropped the price of weed in half. After that the growers were the most adamant about not legalizing the product.

      I’m 62 years old and have smoked off/on since I was 23. I had a successful career in the oil business and am now retired. If I have business to conduct, I don’t smoke nor do I drink. When I want to relax or putter around the house, I smoke. If I am cooking out in the evening, my wife and I will drink a glass of wine. Different ways to relax, depending on the situation. And sometimes we do neither because we are not in the mood…

    • PayAttention says:

      The same reason why the Mexican Cartel’s don’t use violence to compete with KMart, the profit associated with legitimate commodities is too low to make it worth killing and dying for. Likewise, demand will only modestly rise, because most people do not abstain merely because of the legality, but also because of other reasons, and the worst case is likely to be a doubling of demand, but the supply will be increased manifold, incuding personal growers at home.

    • JohnGalt says:

      Decriminalization won’t solve the problem with the cartels, because trafficking and growing would still be illegal. Legalization eliminates the cartel’s pot business. Enterprising (legal) farmers in Liberty county could grow enough marijuana to keep the entire country toked. Legalize and tax it, just like tobacco. There is no downside to this.

    • O.C. Jones says:

      No, locally grown would then be the first choice, including one’s own backyard, balcony or patio.

    • richeyrich says:

      People would be able to grow their own and therefore would not need drug dealers.

    • Buzzby says:

      “I still do not understand how decriminalization would lessen the problem with Mexican cartels.”

      Criminal enterprises depend on the “black market bump” to stay in business The difference between what it costs in Mexico and what it sells for in the US is 1,000% or more. They have no interest in competing with legitimate businesses with legitimate markups. If they wanted to do that, they could stay in Mexico and open bodegas.

  6. Phil DeBowl says:

    Anyone who studies the history of cannabis knows that mankind has used this
    healthful herb for thousands of years and was legal medicine available to all in
    this country prior to 1937. The racist Harry Anslinger along with a few others managed
    to convince the federal government to prohibit cannabis with “reefer madness” horror
    stories,read a few of his speaches and you will see.
    Prohibition is what fuels the deadly drug cartels,unfortunetly it also fuels the equally
    deadly DEA and much of our local law enforcement through the corrupting influence of
    asset forfeiture,thanks Joe Biden.
    The prohibition has also inhibited the medical research of cannabis in this country
    leaving it to other countries such as Isreal and Great Britain to reap the rewards,also
    agricultural hemp could help our countries farmers with an alternative crop when drought
    wipes out their corn fields,also hemp oil can be used for bio-fuel.
    When you read the anti cannabis opinions notice how much of it is based in fear and loathing,
    and downright ignorance.

  7. Kevin Hunt says:

    I agree with everything William Martin has posted here. Marijuana legalization has been endorsed by notable conservatives as William F. Buckley and Reagan Secretary of State George Schultz.

    Prohibition has not reduced use rates: Past month marijuana users in the U.S. have increased slightly from 5.8% in 1988 to 6.6% in 2009 (Source: Substance Abuse and Mental Health Data Archive), despite the war on drugs spending increasing from $9.7 billion in 1990 to $15 billion in 2010 (Source: ONDCP fact sheet 172873).

    Just as with alcohol prohibition, this unenforceable law fosters disrespect for the law in general and empowers the gangs. The time has come for the government to regulate this commodity; as prohibition is not regulation and only encourages chaos.

    Forty one Republican senators voted with their Democrat partners in crime in 1993 to enact Joe Biden’s Violent Crime Control and Law Enforcement Act of 1994 (H.R. 3355). The main focus of the Act was to increase the number of drug war prisoners and restrict gun ownership through the assault weapons ban. Also, the act made protesting in front of an abortion clinic a federal crime. The “War on Drugs©” has become an excuse to take away our constitutional rights.

    In contrast to alcohol and aspirin, marijuana has never caused a death due to adverse drug reaction or overdose. Legalize it!!

  8. Rosarian says:

    Makes sense to me, but you are probably right that Texas would consider it. Not in the near future anyway

  9. Jim Vance says:

    Bill Martin was a welcome voice of rational wisdom and intelligent sanity among the political turmoil during my collegiate years at Rice in the late 1960s and early 1970s, and I’m pleased to see that he’s continued to maintain that weighty level of philosophical relevance and acumen.

  10. Deaconknowgood says:

    My take on the issue is simply; _____ the government. If I want to MJ, I know where to get. ___ the government on this issue.

  11. Malcolm Kyle says:

    Talk to your children!







    After you’ve explained all that: Show them how prohibitionists have manipulated well-meaning but gullible parents for decades; read them the following quote from Adolf Hitler’s “Mein Kampf”



    Educate, regulate, and tax! 

  12. flypusher says:

    The tax revenues from the stuff would help quite a few state-level budget woes, I’ll bet.

    I see no pharmacological reason for the hippie lettuce to be classified the way it is.

  13. Eric says:

    VERY well said..

  14. w00t says:

    Why do the Feds allow the states to control drug laws and yet reserve immigration enforcement to themselves?

  15. Caroline says:

    William Martin: “Texas is not likely to consider legalization in the foreseeable future, but it could and should.”

    Didn’t they say the same thing about communism in Europe? Even though it was on the tail end of its existence in the late 1980′s (as is marijuana prohibition today), everyone was astonished at how fast the Soviet Empire crumbled.

  16. Commrade_Leftist says:

    There should be no reason why an adult cannot consume marijuana if they choose to do so.

  17. JB says:

    Billions of dollars in tax revenue would come in and billions of dollars would be saved in enforcement costs. It is a win-win. Just because it is legal doesn’t mean everyone will start using it. Same with alcohol. Just restrict the use and tax it.

  18. Robert Therrien says:

    I can respect your opinion as far as economic and world views go concerning marijuana. But as a non -user you do not have the experience to voice any opinion on this matter. As for the critics on marijuana, they are full of ____ ! Everything effects people in a different way. some people are allergic to peanuts or strawberries, medications caused different side effects in different people. It is the same with marijuana. Marijuana effects people in different ways. The most damage is caused during the development phase of a human being. Birth to age 21. After that there may or may NOT be any damage to a person using marijuana. By the way what is heavy use of marijuana? One joint containing a 27% THC content or 2 joints of marijuana containing 15% THC content. All Marijuana does not contain the same amounts of THC or Cabinoids which is what helps people with their pain and other symptoms from cancer or other diseases that cause chronic pain. As a disabled veteran and user of marijuana for 36 of my 57 years of life. I have not experienced memory loss, lack of focus, loss of motor functions, or any of the other negative lies being told to the public that will happen to them if they use marijuana. I was able to complete college, and become one of the best in my field of automotive engineering while using marijuana for pain instead of the opium based drugs the Veterans Administration (VA) was giving out like candy to disabled veterans via the VA health facilities. The fact remains that I functioned better on marijuana with no mood swings than I even functioned on Vicodin, Oxycontin, Morphine, or Methatdone, which was the last dangerous drug the VA wanted me to use for pain. Methadone = side effects that can kill you! Many many people have died while on a prescription of Methadone that are and never were addicted to Heroin, but were on Methadone for chronic debilitating pain.

    I believe that your panel should have at least one responsible adult that has used marijuana for more than ten (10) years to give a COMPLETE picture of the positive and negative’s of marijuana use.

  19. Jam says:

    Sadly, the US govt makes too much money off of it. If it were legal, Federal, state and local law enforcement would lose a lot of money. DEA would lose to many jobs. Makes more money keeping it illegal. Since my job random drug tests me I am unable to smoke any more. But my drinking has increased quite a bit. Sucks for me.

  20. Mark says:

    Perhaps what most people don’t care to realize is the 800 lb. gorilla in the parlor…

    The US is a party to UN international narcotic control treaties. These treaties, per Article 6 of the US Constitution (today IS Constitution Day, after all…) as all treaties ratified by the US, become law as the US Constitution. The “law of the land.”

    UN narcotics treaties actually stipulate that some sort of penalties, civil or criminal, apply to possession and manufacture of drugs.

    That is to say, the feds MUST enforce the law in this area.

    Don’t get me wrong, I’m the first to spark a joint the size of a gorilla’s finger, and always looking for some good moroccan, or even afghani hash, it’s just that these are the laws we have to toss before legalization can ever go forward.

  21. jim o says:

    Legalize it and let’s move on. As conservative as I am, however, I do not agree with teaparty whackos who think we should legalize “everything” and open the floodgates of truly destructive drugs like heroin, cocaine, etc.

  22. TheRealRick says:

    I had a friend who put marijuana in everything. I remember going over to his house for dinner in the early 70′s. I didn’t know why the meat loaf tasted so bad so I asked him what he put in it. He told me that it was marijuana. Same thing with the stuffed bell peppers, they tasted awful. As luck would have it, he made brownies for dessert and they tasted like poo poo, filled with marijuana. By the time we finished dessert, it didn’t matter what the meal tasted like.

  23. Dillard Jenkins says:

    A snowball has a better chance of surviving on a Dallas sidewalk in July than cannabis has of being legalized there.

  24. LongJohn says:

    Another reason why cannabis is kept illegal here is that it gives the police an easy offense to jail someone for. Privately owned jails come with occupancy contracts which means the state MUST keep the number of inmates up so that the owners of the jails can make their lucrative profits continuous. What a scam. So tired of all these control-freaks running our society. Every president on Mount Rushmore enjoyed smoking hemp in their day. Would you arrest George Washington just because he had some weed in his pipe? Get these idiots out of office first and then maybe we’ll have a chance at legalization here. This is just another example of pompous whack-jobs trying to force a nanny state on the rest of us. Why don’t you go after the murderers and the white-collar criminals instead of busting some poor teenager getting high at a concert? The “war on drugs” is a multi-billion-dollar failure and has only made things worse in our society. The only thing it benefits is the psychosis of these nazi enforcers who just want another tool to keep us under their thumbs. Shame on you and shame on us for letting these people into positions of power. Sorry, I’m ranting now. Still, I’ll be keeping my fingers crossed for a more tolerant future in America.

  25. Dean Becker says:

    There is nothing magic about the soil in Mexico. We can easily grow cannabis 20 feet tall in Texas and have no need for the cartels products whatsoever.

  26. bob42 says:

    It’s impossible to tell for sure since black markets are not required to submit annual reports (or pay taxes) but it is estimated that proceeds from cannabis sales comprise 60%-75% of the drug cartels profits. Were cannabis legal, we’d finally hit the bad guys where it hurts them most, without firing a single shot. Our violent attempt at cannabis has worked no better than the violent mistakes of alcohol prohibition. Every time we step up prohibition, the bad guys escalate too.

    There are more than 12,000 dead people in Mexico as a result of our government’s war on a plant; a 40 year old failed war that was started and is perpetuated for political reasons. It has failed to meet its goals in every reasonable measure, yet in an act that defines insanity we continue to waste money, take innocent lives, destroy families, and reduce everyone’s freedoms.

    I hold any politician of any party personally responsible for the harms they cause to other people by refusing to hold a serious debate on more effective, less costly, and more compassionate cannabis policies. Sadly, in Texas it’s easier to catch a greased pig than it is to get a politician to talk seriously about ending cannabis prohibition.

  27. Babar says:

    As a registered republican this war on drugs is an example of how “big government” can get out of control if they don’t let STATES choose how they want to police their citizens. You want to smoke it…fine. I’ll drink my beer and not judge you, like you haven’t judged me.

  28. Jack says:

    Absolutely the best insightful article I have ever read!!!!

  29. pdh42 says:

    Yes, everyone is so right about this subject…. We should just let anyone smoke and let it continue to numb the minds of people…. I know many of you would never admit it, but it doesn cause memory loss after many years of using it….

    • O.C. Jones says:

      Yes, just look at what is has done to Willie Nelson.

    • Bronxboi says:

      Anything in excess is not good for you. Look at alcohol, it can cause severe brain damage, circulatory problems and lets not forget it obliterates the liver. So a toke now and again is not going to do any of these things.

  30. Anonymoose says:


    There are approximately 79,000 deaths attributable to excessive alcohol use each year in the United States.1 This makes excessive alcohol use the 3rd leading lifestyle-related cause of death for the nation. Additionally, excessive alcohol use is responsible for 2.3 million years of potential life lost (YPLL) annually, or an average of about 30 years of potential life lost for each death. In the single year 2005, there were more than 1.6 million hospitalizations3 and more than 4 million emergency room visits for alcohol-related conditions.

  31. Gary Packwood says:

    Good and thoughtful article but I do suggest we spend a bit more time on logistics before we jump into decision mode.

    Will the tobacco companies become responsible for the manufacturing and distribution through their current channels? They are ready to do that for sure. What will it cost? About the same as a bottle of Vodka? How strong will it be and will consumers revert back to illegal product if it isn’t strong enough?

    And a truly thorny question concerns those folks who make their living now growing and selling small amounts of the product. There may be ten of thousands of such people across the country. Where will they earn income after the product is made legal and just how opposed will they be towards legalization?

    The Jones School at Rice University should probably complete studies not only for marketing, cost and product placement but an economic analysis of the wider issues for our country and citizens about those who grow, manufacture, distribute and use the product.

  32. Andrew says:

    While Texas may take a long time to consider legalization, the best thing we as citizens can do in the meantime is to NOT convict people for possession. If you are chosen for jury duty and selected to serve on a case regarding possession, simply vote Not Guilty. The more cases that fail, the less likely any DA will feel the need to take it to trial.

    • Fred Flintstone says:

      That is called “Jury Nullification” if we want this disaster of Marijuana Prohibition to end, we must refuse to convict. No conviction no money for Police State. Case closed.

  33. Sonny Shade says:

    Pot will never be legal in Texas. It is too easily cultivated by individuals and the profits that corporations consider their rightful due would go away.
    The churches in Texas want things to go all the way their way…they want continued prohibition for all drugs But they also want to eliminate the existence of legal alcohol products. Seems to me they would have learned from history that prohibition of anything simply increases demand. Hmmmm…maybe that rule has something to do with the demand for marijuana. Do ya’ think?

  34. bill mcwilliams says:

    Too many special interests would no longer enjoy their present gravy train if it is legalized. LEO, lawyers, bail bondsmen, private prison operators, prosecutors, and on and on and on. Politicians, liquor industry, Rx industry
    intelligence services, Probation departments etc.

    It may happen, but not in our lifetime. Too many drug war profiteers.

    Some will claim they support legalizing possession of “small amounts”, but
    still support ruining the lives of those who supply the millions of users who believe it’s immoral in a so-called free country to criminalize what you smoke, snort etc.

    “They hate us for our mythical freedoms”.

  35. PayAttention says:

    One word:


    If you care about that, prohibition becomes absurd.

  36. 3CP says:

    The Baker Institute? Oh, goodie! The elites might finally allow us regular folk to stop enduring all the murder, poverty, and incarceration that results from the N. American Drug War.

  37. Ryan says:

    If I grow my own bud in my own yard, don’t push it on the neighbors and just mind my own stoned business with my plants, then who has any right to tell me that MY use is harmful to others.

    If there weren’t so many jobs dependent upon drug prohibition, then it would be a slam-dunk to legalize the stuff.

    Sadly, there’s just as much interest, money and jobs at stake in keeping a plant illegal as there is profit motive for the cartels to keep smuggling it in……


  38. BluOne says:

    So everyone is just a bunch of happy self regulating casual dope heads, not harming anyone. Lets legalize this Marijuana. Oh, but wait, next is a public ground swell saying cocaine just increases energy, productivity, and sexual function. Let’s legalise that too. Sine we are leagalizing substances that impair judgment, let’s form a large chruch and pray to the spirits of our ancestors. Then we can use the church to possess and use hallucinagenics legally. Thus we are firmly flying down the slippery slope.
    Once large portions of the population are stoned out of their brains, unable to safely operate machinery or drive, what will we do with them?
    Who is going to pay for their support, and dope habit?
    Will America become the next 17th century China when they realized to late that a populace whacked out of their brains on opium did NOTHING else but feed their habit.
    My biggest fear is always the slippery slope. Just look what sliding down the slope to liberalism is doing to the country and proposing for our drug adled future.

    • mocs says:

      Let’s stick to the matter at hand, which is legalization of cannabis, and view it according to its own merits. The slippery slope argument is reserved for those without firm footing to stand on.

  39. doghandler says:

    Legalize pot in Texas???? Your lucky women can smoke cigarettes in public here!! I am all for legalization, but Texas is a red state run by mouth breathing, knuckle draggers, who still can’t believe we passed a Civil Rights law, whose favorite saying is “Hey Bubba hold my beer and watch this”! Until the people of Texas can remove them, we will be stuck in the 1920′s mentality.

  40. Jim says:

    Texas of all states would greatly benefit from legalization. Too bad the federal government can’t get on the same page in states that have already legalized it.

    I am sure that many people would prefer not to deal with shaddy criminals. I don’t think however people should be allowed to grow more than what they can use for personal use (quantity: 2-5 plants max.) w/o penalty, licences or fines to keep houses from becoming just grow operations or under the table businesses.

    However don’t kid yourself..this could lead to an exponential rate of car accidents because THC levels in certain marijuana strains can be very very high (pun tended). DUI penalties should be strict like alcohol. What is too much/too high would be tricky especially because chronic smokers develop tolerance. I am sure some type of quantity assesment in bloodstream would have to be developed if they don’t have it already/

  41. Signal2Noise says:

    I haven’t smoked it in over a decade, but if it were made legal and my company’s drug-testing policy were amended, I would be at the head shop getting a new bong the very next day!

  42. Pfunk says:

    Are you listening Gov. Perry? You got to give the people what they want!

  43. jake says:

    Amen Brother.Lelalize it, tax it, and use the money to help people with serious drug problems that are addictive like crack, cocaine and heroin get help. Pot is not addictive and has caused less death than alcohol, cigarettes, and being over weight from not eating properly.

  44. db64 says:

    Tobacco kills 441,000 Americans every year but is legal. Marijuana has medical benefits but is illegal. Who benefits? The Tobacco Monopoly makes billions of dollars and opposes competition.

    I have never smoked tobacco or marijuana but believe both should be legal, taxed, controlled, and prohibited in public.

  45. bawyeah says:


    well said.

  46. r says:

    I think that the solution is a lot more complex than just a simple “legalize it” argument. Such suggestions are myopic and fail to consider the repercussions abroad.

    It may be too late to put the cartel genie back in the bottle. They are making hundreds of millions of dollars with drugs being illegal. If we legalize it, they are not likely to step away from the business. Rather, they will “double down” and push their vast cash reserves and networks to solidify and enlarge their market share here in the USA.

    I don’t pretend to have an opinion on whether public demand for drugs would increase or decrease, but assuming it stays the same, and these cartels then start making billions of dollars, what’s to stop them from then taking their newfound wealth and just flat-out waging open war against a third-world country? As is, they can outgun the Mexican military straight-up. With more cash, they could maybe even get into the narco-nation building business…like I said, it’s a complicated mess.

  47. Contrary Dave says:

    Just like Vietnam, declare victory for the war on marijuana and legalize it and regulate the THC content and tax it and move on to more important things.

    Ten years ago I came up with a name for anyone under 55 who said they had never tried it – liar. An exaggeration by not by much.

    In California with a legal marijuana dispensary on a corner, the friendly dope peddlers disappear and come back when it is shut down.

    When we relegalized booze, instead of the mob being the source, legitimate business people became the source. The same will happen with marijuana. And the sales to the underage will go down because there is not a sufficient market to be worth the hassle to the cartels.

    People high on marijuana get the munchies, people high on booze often get mean. And the DWI/DUI laws will still apply.

    Common sense from William Martin. We could use more common sense in this country.

  48. uffda says:

    The Mexican drug cartels make more money on other drugs like cocaine and meth which are much profitable. Also, if you tax it, there will be an underground market depending on how high the taxes are, take cigarettes for instance. Don’t be fooled, the drug cartels will find ways to persist. There is no easy solution.

  49. Wayne says:

    Mr. Martin is correct that ending prohibition is much more practical than continuing it.  However, even if this we not the case, prohibiting drugs is also both unconstitutional and immoral.  

    At a debate recently held at the Baker Institute, Dr. Kevin Sabet, former adviser to drug Czars under both President Bush and President Obama, argued that illegal drugs cost America $190 billion in damages each year.  He failed to mention that, according to the American Society of Civil Engineers, cars cost America $230 billion in damages.  Moreover, the American marijuana trade alone has been conservatively estimated to gross $38 billion, whereas the American automotive industry only earns about $27 billion.  From a cost benefit analysis, the automotive industry earns less and costs more than illegal drugs.

    In addition, contrary to popular belief, we do not prohibit drugs because of the associated dangers.  All illegal drugs only cause about 17,000 deaths per year in America.  Here are some sobering statistics (forgive the pun) of annual death rates: 
    cars: 42,000; 
    alcohol: 80,000; 
    pharmaceutical drugs: 150,000; 
    obesity: 365,000; 
    cigarettes: 430,000

    If we want to prohibit dangerous activities, why are we wasting our time with drugs?

  50. Joe says:

    Thanks for writing this article.

  51. Peter says:

    If anyone has to smoke pot, then maybe they need to see a doctor to find out why. It is a disease just like smoking normal cigs and being an alcoholic.

    • Wayne says:

      Is coffee use a disease? Alcohol use? Some use may be unhealthy but most is not. Moret importantly, prohibiting illness is impractical, immoral, and unconstitutional.

  52. Dan says:

    While I am totally in support of legalization, I’m not sure I would go into the wholesale business and incur the wrath of the current distributors. Those guys are brutal when dealing with their competitors.

  53. Richard says:

    This is absoloutely ridiculous, why stop at pot? There is a reason why pot is illegal and its because people get impaired, addicted and do stupid stuff while on it.

    Ask the cops what they see on a daily basis with impaired drivers under some controlled substance or pot.

    Umm Marijuana is NOT medicine and this would INCREASE use which would cost society MORE money to patrol, regulate, tax and administer it.

    Also, the prison system is NOT over crowded with simple pot possession inmates either.

    • BCD4096 says:

      Good point, why stop with just pot?
      As long as there is prohibition for a substance or item there will be a “black market” for them. Prohibition of weapons, electronic devices, sex toys and adult pornography in some states also creates illegal traffic. But to the point heroin, cocaine, methamphetamine and “cotton candy flavored” vodka are to many, myself included, deplorable. If the harder (illegal) drugs where made available through the pharmacy, as are the MOST abused drugs (pharmaceuticals not prescribed legally), their use might very well increase. After all the most insidious drug and probably the gateway drug for most is tobacco, and it’s available in every nook and cranny with a cash register. Tobacco use, before the campaign to educate us of it’s harm, was accepted behavior everywhere. Just look at films documenting human space flight, every scene of ground control has a smoker in view. But tobacco education is working, why even I have quit many times (for good this time I hope). From an early age we “experiment” with many things to explore our world. Young children, almost without instruction, spin around till they fall down “drunk” and some continue to do so till they experience nausea. For the most this curtails their desire for this first in a series of lifetime “highs.” My point is there are dangerous and debilitating drugs, tobacco and alcohol included, but unlike tobacco and alcohol, the veil of secracy surrounding them inhibits the user from seeking help if desired. Will we legalize these harder drugs, probably not. But it is a fascinating thought experiment to envision these individuals able to procure their daily doses in a safer manner and at a price they might well afford without resorting to crime and/or prostitution for income. The side benefit could be increased safety for all of us. The prohabitionist will blast me with “these people need to be restrained and rehabilitated,” in some parts of the globe addicts have been executed, but a society can not control everyone all the time. Not to suggest we should not care for addicts, who not only use chemicals but greed, money, sex and many other addictive things and practices.

      Prohibitionism might well be defined as an addiction.
      “Diagnosis [of addiction]
      In addition to a preoccupation with using and acquiring the abused substance, the diagnosis of addiction is based on five criteria:
      loss of willpower
      harmful consequences
      unmanageable lifestyle
      tolerance or escalation of use
      withdrawal symptoms upon quitting”

      As for cannabis, I can not better the statement of Director Martin.

    • Marina says:

      Richard, there have been numerous studies regarding the medical properties of cannabinoids, not to mention it’s written, documented medical use since 3,000BC ~ if you haven’t read any these studies, or spoken to anyone who uses cannabis therapeutically, then you really have no authority on the issue.

  54. Scott says:

    “It would also retain penalities for illegal behavior related to the use of the drug, such as DUI”
    Someone please explain to me HOW you law enforcement would be able to tell if someone is too high to drive? You can’t take a breathalyzer to see how much THC is in your system. Someone may have a significant amount of THC still in their system from a week ago and could be charged with intoxication. How do you tell? Until then …KEEP IT ILLEGAL!

  55. John A. says:

    I just watched an item on the news that a man was facing 99 years for growing marijuana in his house. This is a plant responsible for zero deaths from it’s use. It begs to ask the question, what is the penalty for growing tobacco, the killer of millions?

    • Richard says:

      How many plants?
      Does this person have a criminal record?
      Does this person have prior drug convictions?

      Just throwing stuff in the public domain doesn’t make it true.

  56. TXSFRED says:

    I will read NOTHING further sponsored by the James Baker Institute.

  57. O.C. Jones says:

    Then law enforcement would have to stop slapping Willie Nelson’s and Snoop Dog’s hands.

  58. Roxanne Busby says:

    This policy fills up the jails and costs more money than the state has. We need to legalize marijuana and end this foolishness.

  59. Michael Bludworth says:

    The worst part of the whole marijuana thing are the civil and criminal penalties. Legalize it, sell it, tax it…end the craziness! We have wasted so much time, money and people to not accomplish any real goal except to win elections!

  60. Joyce says:

    I still don’t understand how alcohol was legalized before cannibis. He was betrayed at the last supper.

  61. MarkEntry says:

    Legalize cannabis. So, it can be licensed & sold, like alcohol. We’re all getting sick of the d*mn war on cannabis users. To what end? Prohibition has made cannabis so popular, common place, & readily available that legalization couldn’t increase it’s use.

  62. xane says:

    I use marijuana a few times a month. Never had a problem with it- I like to go surfing or biking while high or play my guitar. then I come down a bit and go get a cheeseburger or I may go get laid.

    Marijuana makes it all much more fun !

    …”the smell of grass makes you pass into a dream”… moody blues

  63. John says:

    I have friends casually enjoying since the 70′s….all successful…Federal Judge, Multi-millionaire Commodities Trader, Owner of 7 Car Dealers…not criminals….DA.

  64. Doucheon Mandick says:

    When do we get to vote on the matter in Houston or even Texas?

  65. Gray_Wolf says:

    Ah, but private prisons are big business in Texas. In our wacky system, the prison-industrial complex, which employs thousands of people, is actually profiting from crime. If crime is reduced, their profits tumble. You can bet that the lobbyists from the prison-industrial complex are hard at work not only making sure that marijuana use continues to be criminalized, but that even harsher penalties are assessed.

    And what would we do with all the prosecutors, judges, defense lawyers, and court hangers-on who wouldn’t be needed if marijuana was legal? Law enforcement who make such a big splash busting pot farms in the rural areas around the city wouldn’t have anything to do. Who’s going to pay for the armored personnel carriers, helicopters, drones and other fancy weapons that are now paid for by civil forfeitures?

    And, darn it, why shouldn’t marijuana users be stigmatized for their entire lives? Do we really want dopers in good jobs? Isn’t it better that they can’t find work becuase of their prison record? After all, since they won’t be able to go to college or get a responsible job, they’ll probably be back in prison, which as noted above, keeps all sorts of people engaged in honest work.

    Nope, legalization sure ain’t the right approach…

  66. We should listen to the majority of the people in the USA who now, according to recent polls, support legalization of marijuana. Marijuana should be legal and sold like wine or liquor; taxed and regualted. This would destroy or diminish the gangs that depend on it for underground, tax-free money. It would also make it harder for underage youth to get, since the underground market for it would dry up, once it is available in liquor stores (with ID). Finally, with legalization the per capita user rate would go down (not up, as often imagined), just as it has in Portugal onad otehr nations that have legalized. It’s time to stop making war on those with chemical health problems, and fund chemical dependency treatment for those that need it, with part of the billions of dollars saved each year.

  67. vantee says:


  68. True Sounds of Liberty says:

    For any of you people who think society is worse off if we legalize, remember this one fact. When I was 14 in my smoking area at my high school, I could buy pot, acit, speed, x, coke and anything else I waqnted;

    The only drug I couldn’t buy was alcohol, I had to get someone to buy it for me because it was legal.

    Want to keep your kids off drugs? Legalize.

  69. michael hardie says:

    Legalize it. It’s the best that you can do.

  70. Pharmer says:

    Actually, Colorado has legalized medical marijuana and there are entire web sites catering to folks looking for a dispensary. Also, marijuana is still not legal under FEDERAL law, so you can still be charged for say, interstate trafficking if you had a joint in your vehicle.

    And forget about Europe, the Netherlands is only ONE country, the rest of the European nations have not legalized marijuana. And talk about addiction: The Netherlands have the only nursinghome in the world where the residents get heroin – no one cares to detox old hippie addicts so keeping them addicted until death works just fine.

    A couple of points:
    Whereas you can grow it, I would much prefer a licensed distribution system. We control who can sell cigarettes, alcohol and pseudoephedrine, why would this be any different? Yes, you can grow it yourself. You can also make meth in your kitchen or moonshine in the backyard, neither of which are legal either. This would still control access and just like PSE you could make a limit of how much you can buy. (PSE, 3.6 g limit/day, 9 g limit/month, so something similar). From that follows, that since pharmacies are already set up to sell PSE and check ID each time, and log that info into the state data base, pharmacies would be the obvious licensed sellers. Just like with PSE, with a prescription, the rules change (yeah, a lot of meth heads don’t know that little quirk in the law).

    This would limit tax revenue as any drug, which I will maintain this is, is not taxable under Texas law and the maintenance of the data bases is not free either. The manufacturers would have to pay for that and adjust the cost of the final product accordingly. Sort of like casinos paying for gambling addiction hotlines.

  71. Emma says:

    I am doing an essay about topics that are argued and discussed often for my dual credit english class, and have been a marijuana user, typically at a young age, I wanted to write about legalization. this has helped me a lot. especially with all of your comments. i also say Legalize It! everyone ive known has been a user or is still a user and nothing bad has come of it. i think scientists or whoever does those “studies” are bull and are just trying to make marijuana seem bad.
    i think my arguement has written itself :) thanks

  72. Curtis says:

    When everybody learns the truth about this plant the laws may get changed. This plant is not illegal because you can smoke it. Legal pot would put our farmers in charge the way it used to be, they would no longer HAVE to rely on the gov. to stay afloat. Our gov will not give up this power, that is why it’s not legal yet. I have smoked it for 35 years, went to prison for it, and then I learned the truth about it! I have just released this book, cost my woman her job. Please for the sake of your kids get out and learn the truth about this plant! I can see by the comments most have no idea and need to read my book. just a basic site, no $ to make it fancy, get e-book at or on Amazon

  73. bigboy says:

    I couldn’t have said it better. I claim my self to be a genius lol. Well put.