Opinions

Alaskans should vote no on marijuana legalization

On Nov. 4, Alaskans will make a decision on Ballot Measure 2, whether or not to legalize the use of marijuana. As we make this decision, it is important we base it on complete information rather than the propaganda currently being slung. We have the benefit of not being the first state to wrestle with this issue. All we need to do is look as far as Colorado and Washington to truly understand the effects of legalizing marijuana.

So what are we hearing coming out of Colorado? The legalization and commercialization of marijuana in Colorado started less than two years ago, and there are a number of problems, consequences, and new financial repercussions associated with the law. They are reporting increased marijuana-related emergency room visits, increased hash oil explosions, increased marijuana-involved auto fatalities, and an increased number of workers testing positive for marijuana. What are the professions of these workers? How do we keep these workers from being our school bus drivers or heavy equipment operators? Now some voters in Colorado are beginning to regret the choice they made; recent Suffolk University/USA Today polls show that if the vote were held today, it would likely be a toss-up.

In addition to what we are hearing from Colorado, when you examine the ballot measure there are far too many questions -- for example, substantive questions regarding the ability of states to tax something that remains illegal under federal law. In the ultimate irony, the same activists who convinced the voters of Colorado that revenue from marijuana taxes would fund important services are now in court claiming the very taxes they proposed are violating their civil rights, because by paying them, they are admitting involvement in a federally prohibited activity. Should Alaskans not wait to see the outcome of this case before moving forward blindly? If the court rules against taxation, Alaska will not see any revenue from the sale of marijuana but will incur all the social costs.

You will hear a lot of information regarding arrests for marijuana, but no one seems to be exploring the facts. The data source drawn upon, the FBI's Uniform Crime Report, defines arrests broadly. An "arrest" as defined by UCR includes not only those physical arrests when someone is booked into jail, but also includes actions as simple as a summons into court, where the person is released on a promise to appear in court, similar to a traffic citation. By representing these numbers as actual arrests versus making that specific delineation, the statistics give the erroneous representation of the number of actual arrests for marijuana possession.

Additionally, you will not hear that there are currently no inmates in an Alaska prison convicted of simple marijuana possession alone. There are four inmates in the Alaska corrections system imprisoned for misconduct involving controlled substances in the sixth degree, which includes possession. These individuals also have other convictions, sometimes multiple convictions, which could keep them in prison even if their marijuana conviction did not exist. The concurrent convictions for these four inmates include attempted sexual assault-2, assault-4, driving while under suspension, parole violation, misconduct involving weapons, and misconduct including controlled substances in the third degree.

But most concerning to me as the former commander for the Alaska Bureau of Alcohol and Drug Enforcement (ABADE), is the current language in the initiative defining marijuana. In the initiative marijuana is defined to include dangerous "concentrates" and "mixtures" like edibles. It is important that before Alaskans decide, we understand all of the risks associated with concentrates and edibles, including butane hash oil explosions and increased numbers of marijuana-related emergency rooms visits that are happening in Colorado. This is part of the "marijuana" Alaskans are being asked to legalize, commercialize, and advertise in Alaska.

There are just too many unanswered questions that Alaskans need to explore prior to making this choice. There are questions that need to be asked and answered about what the initiative really says, and so far that hasn't been done.

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Do we know how much marijuana someone can process and have on premises where the plants are grown? The initiative as written, does not seem to have any limits.

Can anyone perform his or her own dangerous butane hash oil extractions? Under this ballot measure, it doesn't seem as if any state or local government can restrict these actions.

Can people barter for marijuana as long as it does not involve money? How would bartering affect the abilities of communities to exercise a local option preventing the sale of marijuana (but not possession by adults or gifting of marijuana which it seems can't be prohibited under this initiative)?

What happens if you live in an area that is not covered by the "local government" definition? There does not appear to be any way to restrict retail sales or growing operations in these areas. Are we not already struggling with enough issues in these communities and throughout Alaska that we shouldn't be ready to pile yet another problem on top?

Alaskans and Alaska news sources need to explore the gaps in the ballot initiative. I have seen no language about setting standards for what constitutes driving under the influence of marijuana, or what rights apartment dwellers should have to prevent unwanted exposure to second hand marijuana smoke. This initiative raises far too many questions and Alaskans deserve answers. This is not a decision where Alaskans should roll the dice and hope for the best. Until we have answered these questions with facts instead of platitudes, I am voting no on Ballot Measure 2 and urge my fellow Alaskans to do the same.

Keith Mallard is a former colonel in the Alaska State Troopers and former commander of the state's Bureau of Alcohol and Drug Enforcement.

The views expressed here are the writer's own and are not necessarily endorsed by Alaska Dispatch News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)alaskadispatch.com

Keith Mallard

Keith Mallard is a retired Alaska State Trooper and former head of the state's drug and alcohol enforcement.

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