Ball State community weighs in on legalizing marijuana

University officials express concern for possible change in law

Editor's note: This story has been updated to include information on California medical marijuana law.

Matt Kassner made his way down Hollywood Boulevard during his Spring Break vacation. There, the sophomore history major encountered a very different culture, where ads for "free weed" were common in newspapers and the streets were filled with tourist venues, some of which are commonly known as head shops. There was a plain white venue nestled among the flashy, neon-lit businesses.

Otis's Cannabis Exchange was void of multi-colored posters or swirling glass pipes. The shop had a plain glass display case and a vending machine lined with joints and different types of marijuana, all a button's push away.

Under state law, doctors can issue a recommendation - not a prescription - that allows a patient to receive a Medical Marijuana Identification Card authorizing them to possess, grow and transport pot for medical use.

The law dates to 1996, when California became the first state in the country to allow medical marijuana use.

The law has its critics, however, and some cities have established local ordinances regulating pot dispensaries. California lawmakers are also considering legislation to impose statewide rules on medical pot use, and marijuana remains illegal under federal law.

"Marijuana is viewed in a different way there," Kassner said. "It's like smoking a cigarette."

In California, people are still given the option to accept a joint or not. Kassner said this shows the state's overall acceptance of the drug.

Sixteen states, as well as our nation's capitol, have legalized medical marijuana, each with their own limits and restrictions.

In October 2011, the Gallup Poll found that Americans favor the legalization of marijuana now more than any time in history. A record high of 50 percent of Americans said marijuana should be legal.

Director of Student Rights and Community Standards Michael Gillilan said he's seen a rise in usage among universities.

"I think we are seeing a national trend of more marijuana use by college students and those of college age," Gillilan said. "And Ball State is mirroring that trend."

According to the University Police Department statistics, 71 on-campus arrests for drug-related offenses were made in 2010, compared to the 18 made in 2009. UPD Sgt. John Foster estimated that UPD deals with marijuana related incidences 10 to 20 times per week, while the numbers vary. He said typically at the beginning of the school year, the most incidences occur due to incoming students.

"It is a consistent violation we find on campus," Foster said. "It is not uncommon to get calls about marijuana or find it in traffic-related incidences or in dorms."

Gillilan said he has noticed things like increased availability and decreasing cost of the substance contributing to use.

"This is something we are constantly talking to our colleagues across the country about," Gillian said. "Other institutions are concerned with the increase as well."

This may be the new "green" trend. Along with Gallup's 2011 report, Gallup stated "If this current trend on legalizing marijuana continues, pressure may build to bring the nation's laws into compliance of people's wishes." One doesn't have to be a user to support legalization. Sophomore creative writing major Bobby Ryder said that he is 100 percent for it but that he is not a user.

"For one, unlike most other substances like heroin, it doesn't do anything to you," Ryder said. "Have you ever heard of anyone dying from marijuana? It's legal everywhere else in the world except for here."

Ryder said marijuana is used as a scapegoat and harder drugs should be targeted instead. In his hometown of Hebron, Ind., a meth lab was busted a few years ago. He hopes that with the legalization of marijuana, drugs like heroin and meth would be less prominent.

"If I had to choose, I'd rather have someone growing pot next door than a meth lab, they're actually dangerous," Ryder said.

Ryder is concerned with the growing incarceration rates and what that is costing the nation. According a report by the American Civil Liberties Union published in August 2011, individuals imprisoned for drug offenses make up nearly 25 percent of the national prison population and almost half of those arrests are for marijuana possession.

If a student was caught with marijuana, Foster said, punishment can vary. It could be a misdemeanor or a felony, depending on the amount and intent of the user. Gillilan said Ball State holds separate consequences as a student could be put on probation and given 20 hours of community service or suspended from the university for two years. If the student is living in a residence hall, then they could be given a 48-hour eviction notice.

For Foster, the fact that it is declared illegal by state legislature makes marijuana an offense. He is also concerned with safety. Someone driving under the influence of marijuana could receive a DUI because the drug alters time and perception.

"Marijuana takes you out of your ordinary state of being," he said. "We want people to function on an unaltered basis and reasoning ability. All of these things play into judgment."

Foster also references the FDA's Controlled Substances Act. Each substance is given a schedule, or ranking from one to five. According to the Drug Enforcement Administration, a Schedule I substance "has a high potential for abuse, no currently accepted medical use in treatment in the United States, and there is a lack of accepted safety for use of the drug." A Schedule V substance has low risk and is taken for medical purposes, such as various cough medicines.

Marijuana ranks under Schedule I, along with heroin and ecstasy. Cocaine is listed as less restricted with a Schedule II ranking, along with opium and morphine due to its accepted medical use.

However, with the growing decriminalization of medical marijuana, four states so far have petitioned for the DEA to reschedule marijuana to Schedule II. A January 2012 CNN article reported the DEA said it would "reply accordingly."

Associate professor of economics John Horowitz said he sees economic upsides to legalizing marijuana. He compared many of the effects to the 1920's prohibition of alcohol.

"There would be bigger companies and higher quality," Horowitz said. "It would also create government revenue with the taxing of it, depending on how much it is taxed and sold for."

He said legalization could also reduce the income going into Mexican drug cartels and free up law enforcement that is spent on tracking and apprehending marijuana offenses.

For Foster, he can't say what the effects would be if marijuana were legalized from the current standpoint.

"The only way to know what would happen is to make it legal and then see the consequences," Foster said. "Then you just hope that things don't go so bad that you can't fix them."


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