The Triumph of Hypocrisy

Calderón was absolutely right when saying that the U.S. could not ban and legalize a drug like marijuana at the same time.

According to polls, the best indicators to predict a future event, two weeks ago there was a 69 percent probability that the production, sale and consumption of marijuana for recreational purposes would be legalized in California. Today, that same probability is 28 percent; a resounding 41 point fall, according to polls held by intrade.com.

Evidently, as elections come closer, conservative voters have appeared who don’t agree with the legalization of marijuana, which comes to referendum on Nov. 2 in the richest state in the American union.

This is bad news to all of us who thought the solution to drugs was to legalize them in order to fight them as a public health issue, not a public security issue. The legalization for recreational purposes in California would have changed the terms of a very complex debate where the only clear aspect that remains is the failure of the prohibitionist policy.

If Proposition 19 had been approved, this would have generated a very healthy rethinking of public policies in place to fight drugs, both from the American federal government and governments of countries who grow and export marijuana, like Mexico.

President Calderón was not concerned over nothing. He expressed his concern a couple days ago in Cartagena, Colombia. He was absolutely right when he said that the United States could not ban and legalize marijuana at the same time. You either do one or the other. Well, Mr. President, don’t worry: everything indicates that the first is what will happen — meaning the prohibition will continue.

A hypocritical prohibition: in practice, marijuana is already legal in California. For starters, it is legal for medical purposes. To that effect, the “sick person” needs to present a prescription at a retailer that already sells the drug.

We know that many doctors write prescriptions without restraint, so their friends and clients can use marijuana for recreational purposes. The user who doesn’t want to go through the ordeal of getting a prescription can always buy the drug on the illegal market.

In the very unlikely instance that the police stop someone, California law considers marijuana possession a minor offense. The user pays a fine without charges pressed or a criminal record opened.

When I lived in the United States, I met many people who used marijuana or had used it before. They never had a problem buying it. They knew perfectly where to find it for sale. They even had dealers who delivered it to the comfort of their own homes.

For someone under 21 years old, it’s easier to purchase marijuana than it is to purchase a beer. The reality is that American police officers tolerate the sale and use of marijuana. It’s prohibited, but it’s allowed. Police agents know this is impossible to fight, which is why they are so tolerant.

Even on American TV shows, it’s more and more common to see the characters smoking pot. Not only in shows on cable channels like HBO, but also in programs on broadcast television networks. I just saw, for example, an episode of the comedy “Two and a Half Men,” where the main character, Charlie, and his housekeeper, got high with a couple of joints.

American values have changed regarding marijuana. Its consumption is not seen as having a social stigma anymore. It’s become a drug like alcohol and tobacco: tolerated while being considered illegal.

This Nov. 2, Californians had the extraordinary opportunity to legalize a de facto situation and take the last step towards legalization. But everything indicates, unfortunately, that hypocritical conservatism will triumph.