Remarks of Richard M. Evans
Joint Committee on the Judiciary
Boston, Massachusetts
March 2, 2010
We come together
at the confluence of circumstances that bear directly on this subject and
the work of this committee.
• The first is that like it or not, marijuana has become
an inextricable part of our culture. It is ubiquitous and it is ineradicable.
If there is anybody, anywhere, who believes that the criminal justice apparatus
can make marijuana go away, he or she has a moral obligation to tell us how
many more people will have to be arrested, prosecuted, and punished, and
how much will that cost and where will the money come from.
• The second circumstance is what is happening, as we speak,
on the west coast. In California, an initiative will be on the ballot this
November, which, if it passes, will legalize personal cultivation and possession,
and allow local governments to regulate and tax the production and distribution
of commercial cannabis. In Washington, an initiative may be on the ballot
(they’re collecting signatures) which will repeal the state prohibition laws
and replace them with nothing, thus forcing federal police to come in and
provide street level enforcement. And that will be a major legal kerfuffle.
If not 2010, then 2012.
• The third circumstance is that the people of the Commonwealth
are ready to bring some common sense to our marijuana laws. I cite as hard
evidence the fact that 45 out of 45 PPQs over the last 8 years for marijuana
reform passed, usually by large margins, I cite as hard evidence the fact
that 65% of voters approved Question 2, the decriminalization initiative
in ’08, and I cite as hard evidence that the only candidate in the recent
Senate election to actively oppose Question 2, and then to turn her back
of those 65% who supported it, got her hat handed to her.
Only in the privacy of a voting booth can people be honest
about marijuana.
• There is a fourth circumstance, and that is the fiscal
health of the Commonwealth. Here is a very real source of revenue. The California
Board of Estimate figured they could raise $1.4 Billion. They have six times
our population, which brings us to around $230 million, but they figured
a tax of only $50/ounce, which is low. You do the math.
The marijuana issue has changed dramatically. It is no
longer about the injustice or inefficacy of prohibition. Now, it is about
whether prohibition is a luxury we can afford, and whether we are doing the
wise and prudent thing to turn out back on the prospective revenue from this
commodity.
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Richard M. Evans
56 Main Street
Northampton, Massachusetts
dick@cantaxreg.com