In an open letter to voters, dozens of our nation’s most eminent law professors have publicly endorsed California’s Proposition 19, which would regulate and tax the state’s cannabis trade. The signatories are from some of the most prestigious universities in the country, such as Yale, Harvard, Georgetown, NYU, UCLA, and Berkeley.
If the ballot measure passes in two weeks, it could generate billions in taxes for the impoverished state. Many are also speculating that pot initiatives will motivate more younger progressive voters, and may actually help tilt several tight election races in California and Oregon.
Here is a transcript of the law professors’ letter, which has been released by the Yes on 19 campaign:
To the Voters of California:
As law professors at many law schools who focus on various areas of legal scholarship, we write this open letter to encourage a wholesale rethinking of marijuana policy in this country, and to endorse the Tax and Control Cannabis 2010 initiative—Proposition 19—that will be voted on in November in California.
For decades, our country has pursued a wasteful and ineffective policy of marijuana prohibition. As with alcohol prohibition, this approach has failed to control marijuana, and left its trade in the hands of an unregulated and increasingly violent black market. At the same time, marijuana prohibition has clogged California’s courts alone with tens of thousands of non-violent marijuana offenders each year. Yet marijuana remains as available as ever, with teens reporting that it is easier for them to buy than alcohol across the country.
Proposition 19 would remove criminal penalties for private use and cultivation of small amounts of marijuana by adults and allow California localities to adopt—if they choose—measures to regulate commerce in marijuana. Passage of Proposition 19 would be an important next step toward adopting an approach more grounded in reason, for California and beyond.
Our communities would be better served if the criminal justice resources we currently spend to investigate, arrest, and prosecute people for marijuana offenses each year were redirected toward addressing unsolved violent crimes. In short, the present policy is causing more harm than good, and is eroding respect for the law.
Moreover, we are deeply troubled by the consistent and dramatic reports of disproportionate enforcement of marijuana laws against young people of color. Marijuana laws were forged in racism, and have been demonstrated to be inconsistently and unfairly applied since their inception. These are independent reasons for their repeal.
Especially in the current economic climate, we must evaluate the efficacy of expensive government programs and make responsible decisions about the use of state resources. We find the present policies toward marijuana to be bankrupt, and urge their rethinking.
This country has an example of a path from prohibition. Alcohol is subject to a regulatory framework that is far safer in every respect than the days of Al Capone. Just like the State of New York did when it rolled back Prohibition 10 years before the nation as a whole, California should show leadership and restore respect for the law by enacting the Tax and Control Cannabis 2010 initiative this November.
Sincerely,
Jonathan H. Adler
Case Western Reserve University School of Law, Cleveland, Ohio
Ty Alper
University of California, Berkeley, School of Law, Berkeley, CA
Hadar Aviram
University of California, Hastings College of the Law, San Francisco, CA
W. David Ball
Santa Clara Law, Santa Clara, CA
Randy Barnett
Georgetown University Law Center, Washington, DC
Tom W. Bell
Chapman Law School, Orange, CA
Steve Berenson
Thomas Jefferson School of Law, San Diego, CA
Eric Berger
University of Nebraska, College of Law, Lincoln, NE
Douglas A. Berman
Moritz College of Law, Ohio State University, Columbus, OH
David E. Bernstein
George Mason University School of Law, Arlington, VA
Ash Bhagwat
University of California, Hastings College of the Law, San Francisco, CA
Richard Boldt
University of Maryland School of Law, Baltimore, MD
Connor Bridges
Case Western Reserve University School of Law, Cleveland, Ohio
Pamela Bridgewater
American University Washington College of Law, Washington, DC
Christopher Bryant
University of Cincinnati College of Law, Cincinnati, Ohio
Sande Buhai
Loyola University School of Law, Los Angeles, CA
Paul Butler
George Washington University Law School, Washington, DC
