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2009 Wis. L. Rev. 1349 (2009)
Legalizing Marijuana: California's Pot of Gold

handle is hein.journals/wlr2009 and id is 1361 raw text is: ESSAY LEGALIZING MARIJUANA: CALIFORNIA'S POT OF GOLD? MICHAEL VITIELLO* In early 2009, a member of the California Assembly introduced a bill that would have legalized marijuana in an effort to raise tax revenue and reduce prison costs. While the bill's proponent withdrew the bill, he vowed to renew his efforts in the next term. Other prominent California officials, including Governor Schwarzenegger, have indicated their willingness to study legalization in light of California's budget shortfall. For the first time in over thirty years, politicians are giving serious consideration to a proposal to legalize marijuana. But already, the public debate has degenerated into traditional passionate advocacy, with ardent prohibitionists raising the specter of doom, and marijuana advocates promising billions of dollars in tax revenues and reduced prison costs. Rather than rehashing the old debate about legalizing marijuana, this Essay offers a balanced view of the proposal to legalize marijuana, specifically as a measure to raise revenue and to reduce prison costs. It raises some of the central problems with proponents' arguments, including how their goal of reducing prison costs effectively undercuts their goal of raising revenue. Additionally, it challenges extravagant claims of the prohibitionists that legalizing marijuana will lead to significant increases in marijuana use and attendant social harm. In the end, the author offers a mild endorsement for legalization. Introduction .................................................................. 1350 I. A .B . 390 ............................................................. 1351 II. The Likely Federal Response ..................................... 1355 III. The D ebate .......................................................... 1362 A. Summing Up the Debate: More Heat than Light ......... 1363 1. The Good News ........................................... 1363 * Distinguished Professor and Scholar, Pacific's McGeorge School of Law; B.A. Swarthmore College, 1969, J.D. University of Pennsylvania, 1974. I wish to extend my thanks to my colleagues who attended our scholarship retreat where I presented this Essay as a work in progress. I also thank McGeorge Professor Gerald Caplan, my former student Darius Pazirandeh, psychiatrist David Mee-Lee, and clinical psychologist Seymour Moscovitz for their helpful comments on an earlier draft of this Essay. Both Drs. Mee-Lee and Moscovitz have extensive experience working with the mentally ill and drug users; neither supported my central thesis but offered constructive criticisms of my tepid support of legalizing marijuana. Further, I want thank my research assistants Cameron Desmond, Whitney McBride, and Lauren Knapp. I want to extend special thanks to Mariel Covarrubias for her research assistance and for coordinating the research efforts.

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