Legal marijuana sales would shift proceeds from criminals to state

By Pat Spearman

Sunday, June 12, 2016 | 2 a.m.

I am a Nevada state senator.

I served for almost 30 years in the Army Military Police Corps.

I am an ordained minister.

I believe marijuana use and possession should be legal for adults, and its production and sale should be regulated.

If you find that surprising, you might be even more surprised to learn that I am just one of more than a dozen Nevada legislators and local elected officials encouraging residents to vote yes on Question 2, the initiative to regulate marijuana like alcohol. And for good reason.

We have significant public needs in Nevada. As our senior-citizens demographic grows, we are facing expanded Medicaid costs in the coming years. Additionally, recruiting more 21st-century industries requires modernizing our education curriculum, delivery methods and cyberinfrastructure. Regulating and taxing marijuana provides an opportunity to increase our revenue base without placing an additional burden on taxpayers.

But this isn’t just a fiscal matter. There are people across the political and human spectrum who believe regulating marijuana is far more sensible than the existing policy of prohibition, which was founded on racism and later driven by cultural divisions in our society. Marijuana prohibition was never based on logic.

No matter how you look at the issue of marijuana, it is clear we will be better off regulating it like alcohol than having it sold in the underground market. As a starting point, bringing marijuana out of the criminal market would allow us to significantly reduce the financial resources of gangs, criminal syndicates and other organized illicit activity while generating tax revenue for the state. There would be tax revenue from sales, businesses and employees. None of that is generated when marijuana is sold illegally.

Question 2 also would impose a 15 percent excise tax on wholesale transfers of marijuana, with the revenue generated covering the cost of regulation. Any remaining funds from this tax would be used to help modernize our K-12 education curriculum, delivery methods and cyberinfrastructure. In addition to the excise tax, applying state and local sales taxes to marijuana sales could generate $40 million to $50 million in revenue annually.

This is also a question of safety. How on earth are we safer as a society with marijuana profits enriching drug cartels and other criminals? We know there are tens of thousands of adult marijuana users in the state, making their purchases in the underground market. In fact, that might be the most dangerous thing about marijuana today.

With public safety in mind, this year’s initiative was drafted to address voters’ potential concerns. For example, the initiative leaves in place Nevada’s strict laws prohibiting driving under the influence of marijuana, and the penalties are the same as those under existing DUI laws. It also allows employers to maintain policies restricting marijuana use by employees.

I know it is hard to adjust to the notion of marijuana being a legal substance. But I find it helps to reflect on my experience. I have seen over time how issues related to the use of marijuana — especially issues in which harm to others is involved — pale in comparison to those associated with the use of alcohol. If alcohol is accepted in our society, why shouldn’t we regulate and allow the use of marijuana, a less-harmful substance, for adults?

We also must question why we accept the kind of racial disparities that exist in the enforcement of marijuana prohibition. A 2013 study found that blacks in Nevada were 4.5 times more likely to be cited or arrested for marijuana violations. Ending marijuana prohibition would end these marijuana-related racial disparities. Moreover, looking more broadly at law enforcement activity, we need to allow limited law enforcement to be directed toward serious violent crimes rather than marijuana-related offenses.

Of course, like everyone else, I want to make sure marijuana sales are properly controlled and regulated to ensure products and marketing do not encourage underage use. The proposed initiative gives regulators the flexibility to enact these kinds of regulations. And marijuana store operators would be strictly prohibited from selling marijuana to anyone younger than 21.

This is what we need: a system of laws and regulations for marijuana to replace the unregulated, underground market. That is why I will be voting yes on Question 2.

Pat Spearman, a Democrat, was elected to the state Senate in 2012, representing North Las Vegas.