(Center for Juvenile and Criminal Justice) The 2008 figures show California’s crime index (key offenses reported to police) stands at its lowest level since 1963, including the lowest rates of homicide in 40 years. Among youth, 2008 arrest rates continue the trend of the last seven years, with felony rates at their lowest level since statistics were first kept in 1955 and record-low overall arrest rates around half the level of the 1950s. For every race and both sexes, youth crime rates are at their lowest trough since reliable records have been kept.

Of course, “fair is fair”: those who would own crime decreases should also own crime increases. California’s new 2007 and 2008 figures contain some truly bad news as well: the aging crime and drug abuse waves continue to crest. Here, we have a pretty good idea what went wrong. Conservatives in power fought the 1980s and 1990s middle-aged drug and crime surge by tossing tens, then hundreds of thousands in prison for longer periods—which, it turns out, actually worsens addiction (who could have known?). Liberals ignored the crisis altogether and still do. In 2007, a record 4,100 Californians died from overdoses of illicit drugs, triple the number in 1980. Now we have what no one thought possible: a burgeoning 40- and 50-age crime epidemic, whose felony totals rocketed from 22,000 in 1980 to 112,000 in 2008.

How has California law enforcement attacked this graying crime scourge driven by surging abuse of heroin, cocaine, methamphetamine, pills, and booze? By drastically boosting arrests for one particular offense… wait for it… misdemeanor marijuana possession. Note carefully: arrest rates for violent crimes, property offenses, felony drug sales, all other drugs, all felonies, all misdemeanors—that is, virtually everything else—declined (often sharply) over the last 15 years. But arrests of Californians for simple marijuana possession rocketed from 21,000 in 1990 to 61,000 in 2008—a population-adjusted rate leap of 127%.

Where did this lunatic strategy come from? Granted, there’s a massive aging drug crisis bellowing for attention, but it’s not pot. Meanwhile, crime clearance reports show that in 2008, law enforcement FAILED to solve 43% of all reported murders, 58% of reported rapes, and 57% of felony violent crimes—one of the worst years for policing on record.

The reefer mad, like the “Officer X” who was on the Rob Van Dam show when I guested, would say that it’s because of the marijuana arrests that crime rates are so low.  This is what I call “Magic Tiger Rock thinking”.  See, I’ve had this magic tiger rock ever since I was a kid, and since I’ve had it, no tigers have attacked me.

Policing is a zero sum game.  Officer time spent on a misdemeanor marijuana possession arrest is time not spent on patrol for real crime.  This is how prohibition endangers even those who don’t use cannabis.  Busting potheads is an easy day at work.  Tracking down murderers, rapists, and thugs is real work… and those people shoot back!

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“You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: “How can you advocate breaking some laws and obeying others?” The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that “an unjust law is no law at all.”

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.”

Dr. Martin Luther King Jr.
Letter from a Birmingham Jail
April 16, 1963

Today our nation honors what would’ve been this week the eightieth birthday of the Reverend Martin Luther King Jr., on the eve of the inauguration of Barack Hussein Obama as the 44th president of these United States.  I was sixty-four days old when an assassin’s bullet cut down Dr. King in the prime of his life.  Today I am six-hundred forty days older than Dr. King when he was killed.  Tomorrow I will see something few people my age and older thought we’d ever see, yet something Dr. King had dreamed from the start.

There remains a grave injustice to be battled, the most unjust of laws to be disobeyed, a law that by its definition is not rooted in eternal law and natural law: the man made code that declares nature itself to be illegal, the prohibition on cannabis.  Yet when I mention marijuana law reform in the context of the great civil rights struggles in America, so many are quick to dismiss me with snickers of derision.  ”You just want pot legal so you can get high!” is a common refrain.

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States ponder early release for prisoners – Economy in Turmoil- msnbc.com
NEW YORK – Their budgets in crisis, governors, legislators and prison officials across the nation are making or considering policy changes that will likely remove tens of thousands of offenders from prisons and parole supervision.

In California, faced with a projected $42 billion deficit and prison overcrowding that has triggered a federal lawsuit, Gov. Arnold Schwarzenegger wants to eliminate parole for all offenders not convicted of violent or sex-related crimes, reducing the parole population by about 70,000. He also wants to divert more petty criminals to county jails and grant early release to more inmates — steps that could trim the prison population by 15,000 over the next 18 months.

In Kentucky, where the inmate population had been soaring, even some murderers and other violent offenders are benefiting from a temporary cost-saving program that has granted early release to nearly 2,000 inmates.

Virginia Gov. Tim Kaine is proposing early release of about 1,000 inmates. New York Gov. David Paterson wants early release for 1,600 inmates as well as an overhaul of the so-called Rockefeller Drug Laws that impose lengthy mandatory sentences on many nonviolent drug offenders.

Here’s an idea: how about you stop arresting so many of those non-violent drug offenders in the first place?  Based on the numbers from the FBI Uniform Crime Report for 2007:

• California arrested 289,449 people for drugs
• Kentucky arrested 11,883 people for drugs
• Virginia arrested 32,941 people for drugs
• New York arrested 61,163 people for drugs

Now if it is too scary to think about not arresting the users of all illegal drugs, let’s narrow it down to cannabis.  The FBI didn’t give me state-level breakdowns of cannabis arrests, but nationwide cannabis accounts for 47% of all drug arrests.  For the four states mentioned, that’s 185,854 cannabis arrests, and since 89% of those are possession-only arrests, that’s 165,410 otherwise law-abiding pot smokers arrested – not growers, traffickers, or dealers, just tokers.

To be fair, most of these 165,410 don’t spend much more than their booking time in a jail.  But it still takes time, money, and space to prosecute them and that begins to add up.  If these four states mentioned just taxed and regulated cannabis like Jagermeister, combined they’d raise $1.9 billion every year.  That wouldn’t completely solve these states’ budget crises, but it sure would keep a few more actual criminals behind bars.

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