This Former Cop Says ‘Legalize It’

It’s far past time for Hawaii to allow recreational marijuana use for adults.

I have spent decades working in local, federal, and international law enforcement and now live in a state that has legalized adult-use marijuana. Legalized, well-regulated, responsible adult-use of marijuana does more to enhance public safety and public health than the punitive laws of drug prohibition ever did.

The safety of communities and children is my primary goal, and I’ve seen first-hand how the illicit drug trade, including marijuana, undermines that. I grew up in Mexico and have traveled extensively throughout Latin America as both a tourist and a law enforcement professional.

I served as a member of the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement where I was directly involved in training Mexican police and military officials.

There, I witnessed how marijuana prohibition moves profits into the hands of cartels that use violence to win and control new turf. When police shut down one operation, others fight to take over their customers and profits, creating a never-ending cycle of brutal territorial control.

The opposition to recreational marijuana at the Legislature is growing. Sen. Kurt Fevella set up a banner for a press conference and rally Friday at the Capitol against Senate Bill SB 3335. (Kevin Fujii/Civil Beat/2024)

But the people who suffered most were the individuals and families trapped behind the lines of cartel violence. We see this happening locally whenever law enforcement targets low-level drug offenders, too.

By legalizing adult-use marijuana in Hawaii, we can begin to end the violence of the illicit drug trade and ensure that people who use drugs have access to safe, well-regulated substances without any harmful additives.

Failed War On Drugs

When a drug is illegal, we have no control over it. Nobody needs a license to sell it, so they can sell it to young people. Without regulations or responsibility for product quality or purity, substances may contain mold or other toxins that present a serious health risk for users and anyone exposed to them.

This illicit market is only possible because of the War on Drugs. Policies of prohibition have not protected our children — the War on Drugs has been the primary driver of misuse and abuse of illicit substances in the last 50 years.

We can reduce drug violence and promote public safety in our communities by legalizing and regulating marijuana cultivation, possession, and use by adults.

The Hawaii attorney general-drafted legalization bill (Senate Bill 3335) creates an important framework to regulate marijuana sales, issue licenses, and create testing standards. But it needs revisions to avoid creating an excessively punitive approach that fails to sufficiently invest in community needs.

While improvements were made to the bill since introduced, it still re-criminalizes innocuous conduct. It creates an unscientific “per se” driving standard that criminalizes patients and other drivers for having trace amounts of cannabis in their systems long after impairment wears off.

SB 3335 also directs at least half of the tax revenue to law enforcement and regulation — on top of licensing fees. Legalization and regulation mean less need for cannabis enforcement, not more. The bulk of the revenue should be used for the needs of the state and social equity.

When a drug is illegal, we have no control over it.

Finally, we should move away from the “strict compliance” standard that will ensnare some people making good-faith efforts to comply with the law with technical violations that could send them to jail.

Hawaii must join California, Arizona, Nevada, and 24 other states as well as the District of Columbia in legalizing marijuana for adult use. But the details matter. The Aloha State made exceptional progress when medical marijuana was legalized more than 20 years ago, but now it is long past time to build on that.

Legalization rooted in equity is the next and most necessary step. Moving sales aboveboard protects consumers, communities, and workers. Legalization makes sense, and I hope that the Hawaii House of Representatives will listen to voters and make the right decision.

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