Op-Ed by James Bell 404-452-4668

Have Mercy!

The recent arrest of Macon radio talk show host (WMAC News Talk 940)
Shayne McBryde for possessing a small amount of cannabis in his home
should light a fire under Georgia's Gold Dome to decriminalize the
personal and private possession of marijuana.

Our jails and courts are full. Law enforcement personnel certainly
have better things to do than harass otherwise law abiding citizens.
Around one million Americans are arrested each year for marijuana.
Taxpayers have spent hundreds of millions of dollars locally and
billions nationally chasing the "evil weed" and those who use.

It still eludes me how McBryde poses any threat to me or his neighbors
for possessing marijuana in his home. A bottle of wine in my
neighbor's home certainly poses no threat me.

Cases like this should be used to challenge the constitutionality of
Georgia's marijuana laws. In 1974, the last time the constitutionality
was challenged, the court required the defendant to prove that
marijuana was a "completely harmless substance" rather than a
"relatively harmless substance". Of course, the bar was set to high.
It's like having to prove that water is a completely harmless
substance. Or that sex or sky diving is a completely harmless
activity. In life there are many risks. We live our lives based on our
willingness to take such risks. It should be legal to take such risk
as long as we don't harm others or violate their rights.

In Georgia less than one ounce (28 grams) is a misdemeanor punishable
up to one year in prison. More than one ounce (29 grams) can get you
up to ten years in state prison.

Here are a few steps we can take to reduce the harm these laws create.
Short of legalization there are many options. Decriminalization is
just one of them.

The state legislature should develop a reform bill that will:
1. Decriminalize possession of less than one ounce of marijuana
2. Make one to four ounces a misdemeanor
3. Make more than four ounces a felony
4. Allow cities to set less restrictive laws under their city codes

While this reform is far short of what most reformers would consider
being adequate. This move alone will save taxpayers millions; will
free up needed jail space; will shift limited resources to more
important issue; and will remove tens of thousands of citizen from the
criminal element and restore some of the personal freedoms we are
guaranteed by our Constitutions.

Most citizens never think about these issues until it hits home. Not
until their loved one is standing before the judge. Only then do they
pray for mercy.

It's time we begin a real discussion about this issue and change these
Draconian laws.

To the Georgia General Assembly… Have Mercy!