Blog Stage Seven

On November 2nd, 2010, the state of California voted on Proposition 19, a piece of legislation to decide whether or not to legalize marijuana in the state of California besides its current status of medical exemption. The proposition did not pass the state vote but supporters vow to bring the legislation up for another round of votes in the near future. The topic of legalization of marijuana has gained quite a bit of momentum in recent years with expansion of decriminalization and/or recognition of the legal uses of marijuana for medical purposes in over 15 states. The question, now raised is if, or when will Texas discussion the topic of the decriminalization of marijuana and its legalization and, if so, is legalization of marijuana a solution to seeking out a solution to a budget deficit we are facing?

Currently the state of Texas faces a shortfall in its budget for 2012 in the neighborhood of $18-24 billion dollars based on who is surveyed. The discussion of marijuana should be raised as a factor in addressing the deficit. One main area of the budget that marijuana would have a dramatic area of impact is the penal system.

Right now, projections have the Texas Penal System requesting $6.55 billion dollars, less than its current budget by 5%, yet has still been asked by the Governor to decrease its budget by 2%-5% more. To achieve that it will be required to lay off 3,100 guard officials while maintaining the same level of prisoners incarcerated. On average, about 12% of those incarcerated in Texas are due to drug related charges stemming from Marijuana. We can decrease those incarcerated by eliminating marijuana status of being an illegal controlled substance and raising the bar to acceptable levels of possession and use. Some of those incarcerated were due to intent to sell or transportation. With marijuana being freely available, it will eliminate the need for many of the mules transporting marijuana or those selling on the streets. With the decrease in incarcerated prisoners, who cost, on average $30,000 each, we can lower the necessary funds to the penal system while maintaining those cut jobs and providing a more safe work environment for both guards and prisoners as the incarcerated to guard ratio decreases.

During the 1920's and 30's, organized crime gained strength and power due to the prohibition of alcohol. In recent years drug cartels have gained the same level of strength and power due to the designation of marijuana as a controlled substance creating a war on drugs. This war on drugs is costly in both terms of manpower, monetary expenditure and lives. With the legalization of marijuana, we can eliminate one of the main pillars of support that give rise to the power of drug cartels. This will result in less funds being spent on the war on drugs, it will decrease crimes being committed and citizens being incarcerated by the state freeing up resources and those killed as a result of the actions put into motion by the drug trade will be saved.

In California, a state that is very similar to the state of Texas in the social demo-graphs of its citizens, it was projected that the legalization of marijuana would raise over $1 billion in revenues from taxes with most surveys pinning it at $1.4 billion in raised revenues. Besides the decrease in expenditure to pursue marijuana as an illegal controlled substance, revenue can and would be raised through its sales helping to decrease the budget deficit even more so.

There are many reasons why to support the legalization of marijuana with the biggest being the Texas creed. As Texans, we pride ourselves on personal liberties and individualism. We value our personal freedom and responsibility for our own selves in this life. This choice, this liberty we have that allows us to make a choice and exercise does not go against the liberties of others. We have to ask, do we need another form of government control in our lives to dictate and control a personal choice which goes against our belief in a decentralized limited government?

I will leave the concerns raised dealing with the topics of ethnics and morality for another day. For now, I leave you with understanding that the decriminalization and legalization of marijuana is one outlet of several that will be needed to address the upcoming budget crisis in Texas.

Blog Stage Six

On Friday, Oct. 29th 2010 my fellow classmate, George Aguillon, wrote an article entitled “Abdallah’s Law.” This article discussed a new piece of legislation being spearheaded by Rep. Chris Turner referred to as “Abdallah’s Law.” The new law being proposed will allow the use of previous DWI convictions in other states to be admissible in the state of Texas. Previously, in the state of Texas, prior DWI convictions in other states were not a factor in cases pending in Texas. One of the reasons why this is an issue is that most states, such as Ohio which is a factor in the reasoning behind the law, constitute DUI’s as a misdemeanor while Texas constitutes DUI’s as a felony.

The article Abdallah’s Law is a well written article. The author showed he researched his topic extensively prior to posting an opinion on the subject. When reflecting his opinion, the author did not revert to the use of raw emotion to win over the reader but instead used scientific reasoning and observable data to reason with the reader. It allows the reader to be pulled into the subject, to become informed of the topic of debate and left to coming up with their own opinion without being forced or coheres into a conclusion or taking on the same side as that the author may carry.

Do I agree with the article? I am left undecided. I am fine with and support the proposal to include the admission of DUI convictions from other states in current states being prosecuted in Texas. There is no federal law dictating a standard for DUI and so it is left up to the states to interpret the consequences of a DUI. Some have an issue with this but forget that the United States is, in a way, a confederation of states that has unified under a national government but still each one retain a level of individual sovereignty. If Texas wants the ability to classify DUI’s at a felony level and allow admission in court of other states convictions they should retain the right to as long as they are not prosecuted for those crimes committed that violated those state laws and not the laws of Texas.

However the problem I see with the current law is the structure that follows. If previous convictions are allowed, what will then happen? Longer sentencing for those convicted in the state of Texas? More individuals placed behind bars? Are the current laws and programs in place a successful deterrent towards those that drive while under the influence so that if other individuals come into the state it will deter them as well? How much will the unintended consequences of this law cost the tax payers? One cannot put a price on life so if the author addressed this subject with maybe comparable statistics such as a decrease in the amount of roadway fatalities with an increase in the severity of DUI laws that would go above and beyond in addressing many tax paying citizens questions or concerns.

Again, in my opinion George Aguillon wrote an excellent opinion article.