digital collegian
Thursday, Feb. 12, 1998
Collegian Editorial

Chronic problem

Marijuana laws must be clarified to end selective prosecution

Professor Emeritus of Chemistry Julian Heicklen smoked what he said was a marijuana joint three times in the past four weeks in front of University Gates. Heicklen said he will smoke a joint again today. University Police Services did not arrest him or charge him with a committing a crime.

Alan Gordon stood outside the office of the district justice with a box of marijuana seedling and plants last July and was arrested, however the charges were dropped prior to prosecution. He also was previously arrested for possessing a small amount of marijuana, and that charge was dropped as well.

"This is what some may call selective prosecution. This is what we call unfair."

University student Robert L. Fix possessed a small amount of marijuana and paraphernalia in his apartment and was charged with that offense and arrested Dec. 15 by members of the State College Police Department.

This is what some may call selective prosecution. This is what we call unfair.

If police departments, such as State College police and University police, cannot enforce laws fairly, then there is either a problem with the law or with the police. So who is at fault in this case?

If marijuana laws cannot be enforced fairly, the laws must be revised to make the law clearer or eliminated entirely. Despite numerous efforts, it is unlikely that marijuana will be legalized any time soon, therefore the laws must take on a new meaning.

The legislative powers of this country make laws to protect the citizens it governs. The current marijuana laws are not aimed at protecting citizens, but at restricting citizens' freedom.

We are not saying that marijuana should be completely legalized and unrestricted, but we are saying that if certain cases are not prosecuted while other are, then something is not working properly.

Officials have said charges against Gordon were dropped because he was trying to use the court as an outlet to express his political views on the medicinal benefits of marijuana. Heicklen also was protesting by an act of civil disobedience and was not arrested. Therefore, we can infer that those who smoke marijuana for political protest will not be arrested, or at least have not been recently. However, those who do so for recreation will be arrested. What if all drug users said they were protesting their political beliefs? Would drug laws become obsolete?

We would like to wish Fix (sophomore-chemistry) luck with his defense of selective prosecution and hope that his case teaches local law enforcers how to treat everyone fairly.

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