Nickel and Dimed and This Land Is Their Land

Our current draconian laws prohibiting the use of marijuana by responsible

adults are doubly flawed. Not only does such prohibition violate fundamental
freedoms but also, as this book documents, it undermines personal health
and public safety. Regardless of your views on the civil liberties issues, this
book should convince you of another compelling justification for marijuana
law reform: that it will promote health and safety for all of us, including our
nations children.
Nadine Strossen, former President of the American

Civil Liberties Union and Professor of

Law at New York Law School

Marijuana Is Safer

The follies of marijuana prohibition have never been laid bare with more erudition and plain common sense. Marijuana Is Safer: So Why Are We Driving People
to Drink? is a book every citizen needs to read, and a question we all have to
raise our voices to ask.
Barbara Ehrenreich, bestselling author of

The book thats changing the way people thinkand talkabout marijuana.

Fox | Armentano | Tvert

 century of scaremongering propaganda about marijuana in this country

A
has obscured one undeniable truth: Marijuana is less harmful than alcohol
both to the individuals who consume it and to society in general.For example, alcohol use significantly contributes to violent crime; marijuana use
does not.Yet our laws are specifically designed to punish adults who make
the rational choice to use the less-harmful substance. As we steer people
toward alcohol in this manner, we are actually making our society less safe.
This is a point dramatically underappreciated by the American publicand
recognition of it could reshape the politics of reform. Marijuana Is Safer: So
Why Are We Driving People to Drink? breaks the mold of traditional marijuana advocacy and offers the best hope yet for a healthy dose of sanity and
reason in the crafting of public policy.
$14.95 USD

Cover design and photo by Peter Holm

Chelsea Green

Chelsea Green Publishing

White River Junction, Vermont
802-295-6300
www.chelseagreen.com

Marijuana is

SAFER
So why are we driving people

to drink?

Steve Fox
Paul Armentano
Mason Tvert
Foreword by Norm Stamper, former Chief of the Seattle Police Department

additional advance praise for

Marijuana Is Safer
I have always maintained that the legalization of marijuana would lead to
an overall drop in substance abuse in this country. In particular, the option
of legal marijuana use, as an alternative to the death and violence associated with alcohol use, would be a welcome societal change. . . . Kudos to
Fox, Armentano, and Tvert for their remarkably insightful and important
book.
Gary Johnson, former Republican Governor of New Mexico
I took great pride in my performance on and off the field, and often questioned why our culture embraces alcohol while simultaneously stigmatizing those who choose to consume a less harmful alternative, marijuana. . . .
This outstanding book makes it clear that it is inconsistent, both legally and
socially, for our laws to punish adults who make the safer choice.
Mark Stepnoski, five-time NFL Pro Bowler and two-time
Superbowl champion with the Dallas Cowboys
Marijuana Is Safer is both informative and timely. . . . As a physician and
public health educator, I highly recommend this book.
Gregory T. Carter, M.D., M.S., Clinical Professor of Rehabilitation
Medicine, University of Washington School of Medicine
If you are one of the millions of Americans who support keeping marijuana illegal but enjoy a good beer, glass of wine or cocktail now and then,
I suggest you read Marijuana Is Safer, rehab your mind, and get high on
the facts. If, on the other hand, you already believe our marijuana laws are
illogical, this book will give you hope that change is in the airand show
you how you can do your part to push it along.
David Sirota, nationally syndicated columnist and
bestselling author of The Uprising and Hostile Takeover
In a society too often paralyzed by fear when it comes to finding smart
solutions to our failed drug war, Marijuana Is Safer offers a pragmatic way
forward. The authors offer a new and common sense approach to marijuana policyone that is motivated not by incarceration or punishment,
but by reducing the overall harm to our society.
Rick Steves, travel guidebook writer and TV and radio host
Fox, Armentano, and Tvert offer a provocative new argument: that marijuana is actually safer to use than alcohol, so its doubly dumb to ban the

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drug thats actually safer. Abstemious folks like myself may be surprised to
hear that, but youll find some solid evidence in this book.
David Boaz, Executive Vice President of the Cato Institute, and
author of Libertarianism: A Primer and The Politics of Freedom
Readers who are new to the topic will find the pithy summaries of this
complex literature easy to follow. Experts will welcome the up-tothe-minute references to the latest work on a vast range of topics. . . .
Everyone will finish the text convinced that current policies need a thorough and immediate re-examination.
Mitch Earleywine, PhD, author of Understanding
Marijuana and editor of Pot Politics
[This] is the most extensive and up-to-date book Ive ever read regarding adults relationship with the cannabis plant. . . . As challenging as its
conclusion may be to the political majority, this collection of thoughtprovoking facts cannot be ignored.
Rob Van Dam, former World Wrestling
Entertainment (WWE) Heavyweight Champion
and host of robvandam.com and RVDTV
As the nation undergoes a shift in its thinking about drug policy, Marijuana
Is Safer offers a timely and forceful challenge to marijuana criminalization.
Anyone with an interest in drug policy, whatever their perspective, should
read this important work.
Alex Kreit, Director of the Center for Law and
Social Justice, Thomas Jefferson School of Law
In this thoroughly documented account, Fox, Armentano, and Tvert have
performed a public service.They have pulled the sheet off the lie that gave
us marijuana prohibition. In truth, it turns out The Devil Weed is safer
than alcohol. [This book] could be a game changer.
Mike Gray, author of Drug Crazy: How We Got
Into This Mess & How We Can Get Out
Culture and law feel, at times, impossible to change; and then suddenly we
find ourselves in a whole new place. America smokes a lot of pot, America
drinks a lot of booze, and pot has not always been outlawedit stands to
reason that law and culture will change again. This book seems to herald
that change is now upon us.
Jennifer Michael Hecht, PhD,
author of The Happiness Myth

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MARIJUANA IS SAFER

So Why Are We Driving People to Drink?

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MARIJUANA IS SAFER

So Why Are We Driving People to Drink?

by
Steve Fox, Director of State Campaigns, MPP
Paul Armentano, Deputy Director, NORML
Mason Tvert, Executive Director, SAFER

Chelsea Green Publishing

White River Junction,Vermont

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Copyright 2009 by Steve Fox and Paul Armentano

All rights reserved.
No part of this book may be transmitted or reproduced in any
form by any means without permission in writing from the publisher.
Project Manager: Emily Foote
Editor: Cannon Labrie
Proofreader: Helen Walden
Indexer: Peggy Holloway
Designer: Peter Holm, Sterling Hill Productions
Printed in the United States of America
First printing July, 2009
10 9 8 7 6 5 4 3
12 13
Our Commitment to Green Publishing
Chelsea Green sees publishing as a tool for cultural change and ecological stewardship.We
strive to align our book manufacturing practices with our editorial mission and to reduce
the impact of our business enterprise in the environment.We print our books and catalogs
on chlorine-free recycled paper, using vegetable-based inks whenever possible. This book
may cost slightly more because we use recycled paper, and we hope youll agree that its
worth it. Chelsea Green is a member of the Green Press Initiative (www.greenpressinitiative.org), a nonprofit coalition of publishers, manufacturers, and authors working to protect the worlds endangered forests and conserve natural resources. Marijuana Is Safer was
printed on 55-lb Rolland Enviro Natural, a 100-percent postconsumer recycled paper
supplied by Thomson-Shore.
Library of Congress Cataloging-in-Publication Data
Fox, Steve, 1964Marijuana is safer : so why are we driving people to drink? / by Steve Fox, Paul
Armentano, Mason Tvert.
p. cm.
Includes bibliographical references and index.
ISBN 978-1-60358-144-8
1. MarijuanaUnited States. 2. Marijuana abuseUnited States. 3. Alcoholism
United States. 4. Drug legalizationUnited States. I. Armentano, Paul. II. Tvert,
Mason. III. Title.
HV5822.M3F69 2009
362.295dc22
200902207
Chelsea Green Publishing Company
85 North Main Street, Suite 120
White River Junction,VT 05001
(802) 295-6300
www.chelseagreen.com

This book is dedicated to those

who have spoken up in support of more
rational marijuana laws, and to those who will.

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MIS final pages.indd 6

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Contents
Foreword . . . . . ix
Introduction . . . . . xiii
PART ONE The Choice: Marijuana vs. Alcohol

1. The Big Two: The Popular Acceptance and Use

of Marijuana and Alcohol 3
2. Pot 101: Understanding Marijuana 15
3. Removing the Toxic from Intoxication: An Objective
Comparison of the Effects of Alcohol and Marijuana 27
PART TWO Choice, Interrupted

4. Reefer Madness and All That Jazz: The Origins of

Pot Prohibition 47
5. Reality Check: The Truth Behind Common
Marijuana Myths 59
6. How Society Is Systematically Driving Us to Drink 74
7. The Real-World Ramifications of Our Pro-Alcohol
Culture 93
PART THREE Freedom of Choice

8. You Would Think This Would Be Enough: Traditional

Arguments Against Marijuana Prohibition 111
9. Not Adding a Vice but Providing an Alternative 121
10. From Theory to Practice: Safer to SAFER 135
11. Toward a Tipping Point: Creating a Buzzand
Sparking Change 145
12. OurVision of the Future 156
Appendix: Spreading the Marijuana Is Safer Message . . . . . 173
Acknowledgments . . . . . 183
Notes . . . . . 185
Index . . . . . 201
About the Authors . . . . . 210

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Foreword

When you pick up a book touting marijuana as a safer recreational

alternative to alcohol, I imagine the last thing you are expecting
is a foreword from the former chief of police of a major U.S. city.
Well, if youre surprised, I guess we are off to a good start. You see,
the goal of this bookand the purpose of this forewordis to
encourage you (fan and foe alike) to reassess the way you think
about marijuana.
In pages that follow, you will find objective comparisons of marijuana and alcohol.You will learn about the ways in which the government and other influential institutions have maintained marijuana prohibition while simultaneously turning public opinion against
its use. And you will be exposed to a plethora of statistics quantifying
the damage caused by alcohol use in our society. Steve, Paul, and
Mason have done a terrific job of presenting all of this information
in an objective, compelling, and thoughtful manner. I am certain,
whatever you may think about marijuana laws at this moment, that
you will look at the issue differently by the time you reach the final
chapter.
But before you dive into this bookwhich I truly couldnt put
down the first time I read itId like to give you an insiders perspective on the question of marijuana versus alcohol. By insider, I
refer to my decades of law enforcement experience, during which
time I witnessed firsthand how these two substances affect consumers, their families, and public safety overall. As you can imagine, those

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Foreword

of us who have served our communities as officers of the law have

encountered alcohol and marijuana users on a frequent if not daily
basis, and we know all too well how often one of these two substances is associated with violent and aggressive behavior.
In all my years on the streets, it was an extremely rare occasion to
have a night go by without an alcohol-related incident. More often
than not, there were multiple alcohol-related calls during a shift. I
became accustomed to the pattern (and the odor). If I was called to
a part of town with a concentration of bars or to the local university,
I could expect to be greeted by one or more drunks, flexing their
beer muscles, either in the throes of a fight or looking to start one.
Sadly, the same was often true when I received a domestic abuse call.
More often than not, these conflictsmany having erupted into
physical violencewere fueled by one or both participants having
overindulged in alcohol.
In case you might be thinking my observations are unique, let
me share the results of some informal research I have conducted
on my own. Over the past four years, out of a general interest in
this subject, Ive been asking police officers throughout the U.S.
(and Canada) two questions. First: Whens the last time you had
to fight someone under the influence of marijuana? (And by this
I mean marijuana only, not pot plus a six-pack or fifth of tequila.)
My colleagues pause; they reflect. Their eyes widen as they realize that in their five or fifteen or thirty years on the job they have
never had to fight a marijuana user. I then ask, Whens the last
time you had to fight a drunk? They look at their watches. Its
telling that the booze question is answered in terms of hours, not
days or weeks.
The plain and simple truth is that alcohol fuels violent behavior
and marijuana does not. As described in great detail in Chapter 7,
alcohol contributes to literally millions of acts of violence in the
United States each year. It is a major contributing factor to crimes
like domestic violence, sexual assault, and homicide. Marijuana use,
on the other hand, is absent in that regard from both crime reports
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Foreword

and the scientific literature. There is simply no causal link to be

found.
As one who has been entrusted with maintaining the publics
safety, I strongly believeand most people agreethat our laws
should punish people who do harm to others. This is true whether
we are talking about violent crimes like murder and assault or nonviolent crimes like shoplifting or insider trading. It is also appropriate to punish other behavior that threatens public safety such as
speeding or driving through red lights. All of these laws are clearly
designed to protect our citizens.
But by banning the use of marijuana and punishing individuals
who merely possess the substance, it is difficult to see what harm we
are trying to prevent. It bears repeating: From my own work and the
experiences of other members of the law enforcement community,
it is abundantly clear that marijuana is rarely, if ever, the cause of
harmfully disruptive or violent behavior. In fact, I would go so far as
to say that marijuana use often helps to tamp down tensions where
they otherwise might exist.
That marijuana causes very little social harm is reason enough in
a free society to legalize it for adults. But as Steve, Paul, and Mason
so brilliantly demonstrate in this book, an even more persuasive reason is that by prohibiting marijuana we are steering people toward
a substance that far too many people already abuse, namely alcohol.
Can marijuana be abused? Of course. But, as this book makes clear,
it is a much safer product for social and recreational use than alcohol. Where is the logic, then, in allowing adults to use alcohol but
arresting them and branding them as criminals if they choose to use
marijuana instead?
Let me be clear. The problem does not lie with law enforcement
officials.Your police officers take an oath to uphold the law and cannot simply turn their backs when they see marijuana statutes violated.
What we need is to replace the current system of prohibition with
new laws that permit and regulate the sale of marijuana, an excellent
framework for which is provided in this extraordinary book. Read
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Foreword

it, and youll agree it is time we stop driving the American people
to drink. Instead, we should simply and logically allow them to use
a safer alternative, if that is what they prefer.

Norm Stamper
June 2009

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Introduction

Its June 2004 and the city of Lisbon, Portugal, is preparing for war.
Not a literal war, but an epic encounter almost as frightening in its
potential for violence: England is playing France in the opening
round of the Euro 2004 soccer tournament. But the showdown on
the field will be nothing compared to the anticipated battle in the
stands and in the streets. Soon the city will be overrun with one
of Earths most dreaded species, the English soccer fan. Branded as
hooligans, these fans are notorious for their drunken antics and
their propensity to instigate alcohol-fueled fights, assaults, and, in
some extreme cases, all-out riots.
So with 50,000 rabid Frenchmen and Englishmen descending
upon this normally quiet town, what were the authorities to do?
Ban alcohol? Not a bad guess, but no. Instead, the police announced
that French and English soccer fans would not be arrested or sanctioned in any way for smoking marijuana. A spokeswoman for the
Lisbon police explained the policy to Britains Guardian newspaper this way: If you are quietly smoking and a police officer is 10
meters away, whats the big risk in your behavior? Im not going to
tap you on the shoulder and ask What are you smoking? if you are
posing no menace to others. Our priority is alcohol.1
In large part because of Lisbons novel approach, the highly anticipated match took place without incident. Police made no arrests
during the game, and Englands infamous hooligans behaved remarkably peacefully, even in the immediate aftermath of Englands 2-1
defeat by its hated rival. Unfortunately, while this social experiment
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Introduction

proved successful, it was short-lived. Later that evening, after English

fans had drowned their sorrows at the local pubs, violence erupted
among clashing fans, and several hundred people were arrested.
Whats surprising about the Lisbon experience is not the outcome, which was predictable, especially since a similar lack of violence was observed when England played a soccer match in the
Netherlands (where the possession of marijuana by adults is de facto
legal) during the Euro 2000 tournament. Rather, it is the lack of
attention the story received in the U.S. media and among policy
makers. Although the Lisbon experiment was not conducted in a
scientifically controlled environment, it nevertheless prompts the
question:Would the legalization of marijuana reduce alcohol-related
harms in society? In a country where, according to the Department
of Justice, alcohol plays a pivotal role in some two-thirds of all cases
of violence suffered by an intimate (such as a spouse, boyfriend,
or girlfriend),2 and is responsible for approximately 100,000 sexual
assaults among young people each year,3 this is a serious question
deserving of serious discussion.
Ironically, just a few years later, the same American media that
turned a collective cold shoulder to Portugals unique experiment
in pot tolerance became enamored with a campaign by university presidents to spur a national debate about whether to lower
the drinking age in the United States to eighteen. This campaign,
dubbed the Amethyst Initiative, aims to encourage moderation
and responsibility as an alternative to the drunkenness and reckless
decisions about alcohol that mark the experience of many young
Americans.4 Are these university presidents also pushing for a
debate about whether the legal use of marijuana could provide an
alternative to drunkenness and reckless decisions about alcohol?
Not as of this writing.
So we are left with a puzzling dichotomy. Despite knowing that a
large percentage of assaults and injuries on their campuses are related
to alcohol, university presidents are still willing to consider lowering
the legal drinking age. Yet these same officials will not even discuss
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Introduction

the idea of granting students the legal right to use a substance that is
less likely to lead to violent behavior.
This is just one example of our nations perpetual double standard surrounding the use of marijuana and alcohol. How did we as
a society end up in this position? Why do we criminally arrest or
discipline people for consuming a substance that is not associated
with acts of violence, yet tolerate and at times even celebrate the use
of another that is? Why do we embrace the use of alcohol, a toxic
substance whose consumption is responsible for hundreds of acute
alcohol-poisoning deaths in the United States each year, while at
the same time condemn the use of marijuana, which is incapable of
causing a fatal overdose? Although marijuana remains the third most
frequently consumed drug of choice in America, trailing in popularity only behind alcohol and tobacco, these questions have never
been addressed at length by either the media or Americas elected
officials. This is about to change.

Americans have a unique, if slightly schizophrenic, relationship with

Mary Jane. On one hand, the U.S. government reports that over
100 million U.S. citizensthats nearly 43 percent of the population
over twelve years of ageadmit that theyve smoked pot.5 On the
other hand, marijuana possession and recreational use is illegal in
all fifty states. (We should note, for factual accuracy, that the private
use of marijuana inside the home is legal in Alaska, based on a state
court determination that it is protected under a right to privacy. In
addition, as of this writing, the medical use of cannabis is legal in
thirteen states.) Cannabis has been describedby an administrative law judge at the U.S. Drug Enforcement Administration, no
lessas one of the safest therapeutically active substances known
to man.6 Yet the federal government stubbornly classifies it under
federal law as one of societys most dangerous drugs. Hollywood
actors unabashedly simulate pot smoking in movies and on television, much to audiences delight. Meanwhile, this same behavior is
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Introduction

criticized and discouraged in government-sponsored public service

announcements on the very same screens.
One might wonder how a substance so universally demonized by Americas elected officials remains so popular among the
American public. Perhaps the answer is that politicians and the
mainstream media are just reinforcing each others talking points,
while much of the rest of America now accepts marijuana for what
it isa relatively benign substance that is frequently used responsibly by millions of people. Well, that may be the case for a certain
segment of the population, but this enlightened attitude is far from
universal.
Despite pots popularity, surveys indicate that many people
nonusers in particulartend to overestimate the drugs actual harms.
Not necessarily to the same degree as the federal government, mind
you, but nonetheless much of the public still holds many misconceptions about the plant and its effects. In fact, some one-fifth to
one-third of Americans assume that pot is more harmful than booze.
Another one-third of Americans consider marijuana to be equally
as harmful as alcohol.
It is our contention that these misconceptions about pots alleged
dangers are the primary obstacle to changing marijuana laws in this
country.Therefore, our goal is to demonstrate to you, the reader, that
marijuana is not only less harmful than alcohol, but that the difference is really quite significant.
This is not to say that cannabis is harmless. No rational person
would make this assertion, and indeed we have dedicated a portion of
this book to addressing pots potential health hazards. Nevertheless,
almost all drugs, including many that are legal, pose greater threats to
individual health than does marijuana.To date, virtually every federally commissioned government study ever conducted on the subject
affirms this conclusion.
But dont expect your government to highlight this fact or even
stay neutral on the issue. Rather, most politicians and law enforcement officials today rely on gross distortions and exaggerations
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Introduction

regarding pots supposed dangerscall it Reefer Madness redux

to justify their failed and destructive prohibitionist policies. In this
book, we provide ample scientific evidence contradicting a number
of the governments more popular and egregious marijuana myths.
Readers will learn the facts surrounding the alleged new dangers
of todays supposedly superpotent pot. We will also examine just
how harmful marijuana smoke is to the lungs, and what association,
if any, there is between the use of cannabis and harder drugs. The
answers may surprise you.
One might ask, if marijuana poses so few legitimate harms to
health and societyin fact, far fewer than those posed by alcohol
then why does the federal government spend tens of millions of dollars annually on Web sites and public advertising campaigns primarily
designed to maintain the criminal prohibition of cannabis? Is the
feds fixation on pot a moral crusade or part of a larger cultural battle?
Regardless of the governments underlying motivation, it is beyond
dispute that politicians and members of law enforcement have systematically demonized pot to such a degree that a significant portion
of Americans still support criminalizing the recreational use of marijuanaeven though it could lead to the arresting and jailing of their
friends, neighbors, and perhaps, even family members.
Of course, the dissemination of antimarijuana propaganda is not
our governments sole means of marijuana demonization. Where
persuasion does not suffice, there is always the threat of punishment. The federal government, as well as every state in the nation
(except Alaska), prohibits the possession and cultivation of marijuana for recreational use, with state penalties ranging from $100
fines (in Ohio) to life in prison (in Oklahoma). Since 1965, police
have arrested an estimated twenty million Americans for marijuanarelated crimesmostly for simple possession. This figure is roughly
equal to the combined populations of Colorado, Massachusetts, and
New Jersey. While a relatively small portion of first-time offenders
arrested for marijuana possession are sentenced to time in jail, the
fact remains that the repercussions of the arrest alone are significant.
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Introduction

The potential sanctions include:

loss of driving privileges;

loss of federal college aid;
loss of personal private property;
revocation of professional drivers license;
loss of certain welfare benefits such as food stamps;
removal from public housing; and
loss of child custody.

Cannabis consumers are also subject to additional punishments

stemming from the now nearly ubiquitous specter of drug testing.
Depending on the circumstances, individuals who test positive for
having consumed pot at some previous, unspecified point in time
may lose their jobs, be suspended from school or barred from participating in extracurricular activities, be forced to enter a drug
treatment program, have their parole revoked, or even be stripped
of an Olympic medal.
We contend that the ultimate, if unintended, impact of the governments extreme antimarijuana laws and propaganda is to push people
away from cannabis and toward consuming alcohol. If students learn
that they may lose their financial aid if they use cannabis, but will
most likely receive a slap on the wristat worstfor drinking alcohol while underage, which option are they likely to choose? A similar
incentive is created in many workplaces that impose random drug
testing. Employees know that they can spend their off-hours drunk
as skunks with nothing more to fear than some lost productivity if
they arrive to work hungover the next morning.Yet if an employee at
the same company is randomly drug tested on Monday after relaxing
with friends and enjoying a joint the preceding Friday, he or she may
be searching for a new job within the week.
The irony is that these policies implicitly motivate people to
use what is an objectively more harmful substance. Studies by the
National Academy of Sciences and others have demonstrated that
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Introduction

alcohol is significantly more addictive than marijuana. Moreover,

chronic alcohol use, as well as acute intoxication, can lead to organ
damage and death. According to the National Institute on Alcohol
Abuse and Alcoholism, more than 35,000 Americans die annually as
the direct result of alcohol consumption.7 By contrast, no study to
date has ever identified a link between long-term marijuana use and
increased mortalitymeaning, researchers have not identified any
way in which long-term marijuana use hastens death.
Alcohol has also been shown, in contrast to marijuana, to fuel
aggressive, violent behavior. In one study of domestic violence,
researchers found that men were eight times more likely to be abusive on days when they consumed alcohol as compared to days when
they did not.8 Overall, the U.S. government estimates that alcohol
contributes to 25 to 30 percent of all violent crime in America.9 In
the United Kingdom, the association between alcohol and violence
may be even more pronounced. In 2004, the Guardian newspaper
reported that the police minister planned to blitz alcohol violence
[that coming] summer, in the face of Home Office research showing
that alcohol is the root cause of nearly half of all violent crime, and of
70% of hospital emergency and accident admissions at peak times.10
So what can we do to ensure that individuals have the freedom
to choose marijuana instead of alcohol without risking arrest, jail,
and their very livelihoods? The obvious answer is that we need to
amend federal and state laws that criminalize the possession and use
of marijuana by adults. But how does one go about doing so?
On this topic we speak from experience, having worked for more
than twenty-three years combined at three of the nations most
prominent organizations dedicated to reforming marijuana laws
the Marijuana Policy Project (MPP), the National Organization for
the Reform of Marijuana Laws (NORML), and Safer Alternative
for Enjoyable Recreation (SAFER). Through public-education campaigns, state and federal lobbying efforts, and state and local ballot
initiative campaigns, these three groups have helped to diminish antimarijuana sentiment in America. However, prior to the establishment
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Introduction

of SAFER in 2005, no organization had single-mindedly engaged in

the strategy outlined in this text: that is, a high-profile, public-education campaign focused entirely on the fact that marijuana is objectively safer than alcohol, both for the user and for society.
Past efforts to reform marijuana laws in this country have typically made only passing references to the marijuana-versus-alcohol
comparison. Instead, they have emphasized other, more conventional
arguments, many of which we will discuss in greater detail later in this
book. One such contention is that it is a waste of law enforcement
resources to arrest and prosecute marijuana users. Although arguments
like this are valid, they have so far failed to convince our elected officialsor even a majority of the American publicto legalize, tax,
and regulate marijuana. Instead, reformers are all too often confronted
by citizens and elected officials echoing one common refrain: Why
should society legalize another vice? In essence, much of the public
and its elected officials, having witnessed firsthand the many problems
associated with alcohol, are hesitant to give a green light to another
intoxicantregardless of what its relative harms may be.
In the face of this obstacle, many advocates have downplayed discussing the relative harms of the two substances. Instead they have
simply argued that marijuana should be treated like alcoholin
other words, it should be sold legally and regulated. Although we
agree with this conclusion, the call to treat marijuana like alcohol does
little to alter the underlying public perception that marijuana is bad
or dangerous and, therefore, is no more than another unnecessary
vice. Until we force the public to appreciate that the legalization of
marijuana would not be adding a vice, but instead would be providing adults with a less harmful recreational alternative, legalization will
likely remainpardon the puna pipe dream.
Of course, educating the public about the relative harms of cannabis and alcohol will not be accomplished through a top-down, government-run advertising campaign. It will require a broad movement
of citizens willing to speak honestly and openly about the relative
harms and benefits of the two substances. We hope this book, which
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Introduction

is designed to both educate and inspire, will become an essential part

of that movement. Whether you are a cannabis connoisseur seeking
to educate friends and family or someone who has never even seen
a marijuana plant outside of a television or movie screen, we are certain that you will benefit from reading the pages that follow.

This book is divided into three parts. In part 1 we compare and contrast the social and public health impact of cannabis and alcohol. We
examine the popularity of each drug, as well as the potential harms
each one presents to the user and to society. Part 2 details the various
ways our government has attempted to outlaw and demonize marijuana over the past seventy-plus years, and explains how these policies
are driving people to drink. In part 3 we provide an overview of past
attempts to reform Americas marijuana laws and propose an alternative, citizen-driven public-education campaign based on the message
that marijuana is safer than alcohol. Finally, we offer our vision for a
future in which cannabis is regulated and controlled like alcohol, with
laws limiting pots sales to licensed establishments and mandating the
enforcement of proper age controls.
In the latter part of the book, we have also included tips and
resources for those of you who want to spread the marijuana is safer
than alcohol message among your friends, on your campus, or in
your communities. If this book touches you, we hope you will join
us in our mission to educate the public and help us bring about an
end to marijuana prohibition.
Steve Fox
Director of State Campaigns, MPP
Paul Armentano
Deputy Director, NORML
Mason Tvert
Executive Director, SAFER
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PA R T O N E

The Choice:
Marijuana vs. Alcohol

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chapter one

The Big Two: The Popular Acceptance

and Use of Marijuana and Alcohol

In America, two competing parties dominate the political landscape:

Democrats and Republicans. In the battle for fast-food supremacy,
the two leading combatants are McDonalds and Burger King.When
it comes to soft drinks, two rival brands stand out above all others:
Coke and Pepsi. And when it comes to recreational intoxicants, the
choice is clear: theres alcohol, and theres marijuana.

Alcohol and Marijuana Use Through the Ages

If youre like most people reading this book, theres a fairly good
chance that youve been high from either pot or booze at some
point in your life. Dont worry, we wont tell anyone. And, quite
frankly, for those of you who have been high, theres nothing to be
particularly ashamed or embarrassed about.
Many experts believe that humans possess an intrinsic drive to
deliberately alter their consciousness through the use of intoxicating
substances. University of California at Los Angeles professor Ronald
Siegel argues that this desire is biological, on par with such survival
instincts as thirst and hunger.1 Hes hardly alone in his assessment.
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Writing in the 2003 book Out of It:A Cultural History of Intoxication,

British journalist Stuart Walton similarly determined: Intoxication
is a universal human theme. There are no recorded instances of fully
formed societies anywhere in history that have lived without the
use of psychoactive substances.2 One of the worlds leading scholars
on the subject, best-selling author and noted physician Dr. Andrew
Weil, agrees. Drug use is universal, he concludes. Every human
culture in every age of history has used one or more psychoactive
drugs. . . . In fact, drug-taking is so common that it seems to be a
basic human activity.3
According to some researchers, humans started manufacturing
beer almost as soon as they began harvesting barley (about 8000
B.C.E.). In the book Alcoholism: The Facts Ann Manzardo states that
fermented fruit juices (wine) and grains (beer) were human beings
earliest beverage of choice. She jokes, A long-standing debate in
archeology centers on the question of which came first after the
domestication of barleybeer or bread?4
The cultivation of marijuana can similarly be traced back
many thousands of years. Cannabis-based textiles dating to 7000
B.C.E. have been recovered in northern China, and the plants
use as a psychoactive agent goes back nearly as far. Archeologists
in Central Asia recently discovered over two pounds of cannabis
in the 2,700-year-old grave of an ancient shaman. After scientists
conducted extensive testing of the materials potency, they concluded that the ancients were using cannabis for medicinal and
euphoric purposes: No obvious male cannabis plant parts . . . were
evident, implying their exclusion or possible removal by human
intervention, as these are pharmacologically less psychoactive,
investigators concluded. The results presented collectively point
to the most probable conclusion which is that [ancient] culture[s]
cultivated cannabis for pharmaceutical, psychoactive or divinatory
purposes.5

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Popular Acceptance and Use of Marijuana and Alcohol

The Use of Alcohol and Marijuana Today

Today, hundreds of millions of people worldwide have used alcohol and cannabis at some point during their lifetime. A 2008 World
Health Organization (WHO) examination of the licit and illicit
drug habits of adults in seventeen separate countries provides the
intoxicating details.6
According to the study, more than 90 percent of Americans have
consumed alcohol during their lives, and almost 45 percent have
used marijuana. Second only to the United States in pot consumption is New Zealand, where some 42 percent of the population has
smoked weed, and a whopping 95 percent has drunk booze. Among
the European nations included in the study, Ukraine reported the
highest percentage of alcohol users (97 percent of the population),
as well as the lowest percentage of pot smokers (6.5 percent). In the
Netherlands, where weed may be ingested legally, 93 percent of the
population has consumed alcohol and 20 percent has tried cannabis.
These percentages were nearly identical in neighboring France and
Germany, even though both countries impose strict criminal restrictions on pot use.
In Israel, only 58 percent of the population has consumed alcohol, and nearly 12 percent of the public admits having tried pot.
In Mexico, 86 percent of respondents said that they had consumed
booze, while 8 percent said theyd used marijuana. Finally, in South
Africa, only 40 percent of the public admitted that they had drunk
alcohol, but nearly 10 percent said that they had smoked pot.
Ironically, the WHO study found that the United States possesses
the planets highest rate of lifetime marijuana consumption despite
imposing some of the worlds harshest antipot penalties.
So just how many Americans regularly consume pot and alcohol?
Lets look at booze first. According to 2007 data published by the
U.S. Department of Health and Human Services, approximately 66
percent of the population aged twelve or older (roughly 163 million
Americans) imbibed alcohol during the past year, and just over half
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of all Americans (127 million) drink booze regularly.7 Of these, nearly one-quarter of Americans (58 million) engage in binge drinking
(consuming an unhealthy quantity of alcohol in one sitting), and 7
percent (slightly more than 10 percent of those who drink) meet the
criteria for problem or at risk drinkers. Notably, despite the prohibition on the sale and recreational use of alcohol for those under
age twenty-one, the U.S. government reports that in 2007, more than
three out of four twenty-year-olds had consumed alcohol in the past
year, and nearly 60 percent had done so in the past month.8
In comparison, how many Americans regularly smoke pot?
Because the use of marijuana is illegal its impossible to know for
sure. Fortunately, we do have some estimates. Every year, researchers from the United States Substance Abuse Mental Health Services
Administration (SAMHSA) poll Americans regarding their use of
licit and illicit substances. According to SAMHSAs admittedly conservative figuresrespondents tend to underestimate their use of
legal intoxicants by as much as 30 percent on government polls, and
most experts assume that Americans illegal drug use is even more
grossly underreportedroughly 25 million Americans (10 percent
of the population aged twelve or older) have consumed cannabis
in the past year, and 15 million (6 percent) define themselves as
regular (at least once per month) users.9 Like alcohol, marijuana
use also remains popular, if illegal, among youth. According to
annual survey data compiled by the University of Michigan at Ann
Arbor, between 40 and 50 percent of graduating high school seniors
acknowledge having tried pot, a figure that has changed little since
the mid-1970s.10
From an economic perspective, both drug markets are now multibillion-dollar industries. According to a 2006 Columbia University
report, Americans spend over $130 billion annually on alcohol.11
Predictably, the commercial marketing of booze is also big business. According to a 2008 Georgetown University study, the alcohol
industry bought over 340,000 television ads in 2007 (up more than
50 percent from 2001), totaling just under $1 billion. Since 2001,
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Anheuser-Busch Company has spent over $2.2 billion placing television ads, followed by Miller and Molson/Coors.12
By contrast, no commercial advertising dollars are spent marketing marijuana to the publicaside from the tens of millions of
dollars spent annually by the federal government to discourage pot
use. Nevertheless, experts estimate the retail value of the domestic
marijuana market to be $113 billion per year13a figure that rivals
alcohol. Today, marijuana is the largest retail cash crop in the United
States, far outpacing the value of corn, soybeans, and hay.14 Moreover,
government figures indicate that U.S. marijuana cultivation is a rapidly growing industry. According to a 2005 State Department report,
domestic cannabis cultivation in the United States totals some
10,000 metric tons per year (more than 22 million pounds).15 This
total is ten times the amount produced in the early 1980s.

Drink Life: The Portrayal of Booze in Popular Culture

Although booze and pot are woven into the fabric of Americas
popular culture, they are typically portrayed in entirely different
ways. The use of alcohol by adults is marketed aggressively, celebrated openly, and is normally depicted by the media in a positive
manner. Thats why most Americans give little, if any, thought to the
moral and health implications surrounding the use of alcohol, and
many could not imagine a society that was anything but accepting
of the publics right to drink.
Just for a moment wed like you to think about your own social
routine. Now think about how often alcohol plays a role in your
activities. For instance, have you ever given wine to a family member as a gift during the holidays? Chances are, you have. Ever gotten together with friends to have some beers and watch a sporting event on television? Or asked your colleagues to grab a drink
after work? Of course you have. Who hasnt? And what about the
last time you attended a wedding ceremony? Friends and families
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celebrated the marriage by toasting the bride and groom with a

glass of champagne, didnt they? Sure they did; after all, its the customary thing to do.
In virtually all of these examples, people dont really think about
how or why theyre consuming alcohol. Rather, the use of booze
is simply viewed as a traditionally and socially acceptable means to
complement a festive occasionno more, no less.
Now think about how often you are exposed to images glamorizing the use of alcohol. Even if you dont drink booze, all one has to
do is turn on the televisiona billion dollars in TV advertising goes
a long wayto witness the various ways in which contemporary
culture glorifies the consumption of alcohol. For example, a national
marketing campaign for one top-selling American beer commands
consumers to drink life, as if to imply that those who imbibe get
more satisfaction and enjoyment out of their days and nights than
those who abstain from booze. A prominent series of ads for another
top-selling brand implies that nothing else but a cold beer can sufficiently counter the aftereffects of a long, hard workday. In fact
the very term happy hour (or its brand-specific equivalent, Its
Miller time!) is synonymous with the use of alcohol at the end of
the day. Conveniently, this ubiquitous phrase promotes the positive,
euphoric effects of alcohol while making no mention of the drugs
downsidessuch as the hangover that might follow the next day.
During the 1980s and early 1990s, one of televisions most popular sitcoms was the lighthearted barroom drama Cheers, where a cast
of lovable characters routinely bantered over beers at a local watering
hole where everybody knows your name. Alcohol-fueled arguments, fistfights, and regrettable drunken hookupsfrequent occurrences at most bars on any given Friday or Saturday nightwere
rarely incorporated into the shows plot during its eleven-year run.
And, aside from some friendly ribbing, there were few complaints
that the characters consumption of alcohol made them hopelessly
unproductivealthough they routinely spent a significant part of
their day sitting at a bar.
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How many of you reading this book routinely watch professional

sports on television? How often have you witnessed pro athletes celebrate important wins by publicly dousing one anotherand usually,
in recent years, at least one attractive female broadcasterwith beer
and champagne? Curiously, were a group of nonathletes to engage in
similar behavior at, lets say, a private fraternity party, theres no doubt
that their actions would be castigated (and rightly so) as alcohol abuse
and sexual harassment. Yet this same behavior is routinely aired on
primetime network television following major sporting events without any thought given to the message these activities might be sending to younger viewers.
Sports stars also frequently serve as pitchmen for alcohol products. After all, what child of the 1970s can forget watching their
football and baseball heroes comically debating whether Miller Lite
beer tastes great or was less filling? (The memorable ad campaign, which Miller launched in 1976, was selected as one of the top
ten best ad campaigns of the twentieth century by Advertising Age
magazine.16)
The alcohol industry is a prominent sponsor of professional
sporting eventsMajor League Baseballs Colorado Rockies play in
Coors Field, for instanceas well as a prominent advertiser during
televised games. Booze is also a staple of tailgatinga longstanding and much revered tradition where sports fans camp out in the
stadium parking lot prior to a game and drink copious amounts
of alcohol. Notably, this tradition is exceedingly popular among
college-age sports fans, many of whom are under the legal age for
alcohol consumption.

This Buds For You: The Portrayal of Pot in Popular Culture

While cultural references to cannabis may not be as common as

those pertaining to booze, they are becoming more prevalent and
prominenteven if the plants illicit status discourages many of its
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consumers from identifying themselves publicly. For instance, references and accolades about the use of pot are widespread in popular
music. Numerous top-selling hip-hop artists like Snoop Dogg, Dr.
Dre, Cypress Hill, and Redman brazenly celebrate weed in their
lyrics. Similarly, rapper Method Man titled his 2006 album 4:21 . .
. The Day After in an effort to appeal to marijuana-friendly audiences. (April 20 is a date that is widely recognized in cannabis culture as a day to celebrate the use of marijuana.)
Country music heavyweight Willie Nelsons fondness for marijuana is similarly well known. In 2005, the artist adorned the cover
of his CD Countryman with a marijuana leaf. Nelson also serves as
a spokesperson for the National Organization for the Reform of
Marijuana Laws (NORML). Reggae legends Bob Marley (Ganja
Gun) and Peter Tosh (Legalize It) were similarly outspoken about
their pot use. Today, even heavy metal fans have a pot-friendly
musical subgenre known as stoner rock,so-named because of
the bands, as well as their fans, affinity for weed.
Affectionate references to cannabis are equally popular in film
and on television. Late-night hosts like Jon Stewart, Bill Maher, and
Jay Leno liberally sprinkle their monologues with jokes about weed.
While many of their punch lines seize upon various marijuana stereotypes, the hosts are just as likely to elicit laughs from the audience by poking fun of politicians all-too-often antiquated attitudes
toward the plant. (We provide readers with a profile of one prominent politicians pot gaffe in chapter 2.)
Hollywood is also cashing in on Americans fondness for marijuanaa trend described in 2008 by the Christian Science Monitor as
cinemas new stoned age.17 Successful films and cable television
shows like Weeds, Harold and Kumar Go to White Castle, Half-Baked,
Pineapple Express, Entourage, Dazed and Confused, and How High?
not only utilize marijuana-themed plots and characters, but also
incorporate cannabis into their marketing. For example, distributors for Harold and Kumar Escape from Guantanamo Bay and Reefer
Madness: The Movie Musical both chose to debut their films around
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April 20.Writing in 2008 about Hollywoods growing acceptance of

pot, Canadian reporters Ben Carrozza and Leah Collins concluded,
With pot-friendly flicks often scoring huge at the box office
and earning bags of pop culture credibilitystoners are almost
mainstream.18
Many prominent actors and directors are outspoken about their
past or current use of cannabis. Award-winning filmmakers Robert
Altman (MASH, Nashville) and Oliver Stone (JFK, Born on the Fourth
of July) both have admitted to being lifelong cannabis consumers.
Shortly before his death in 2006 at age eighty-one, Altman told
a British newspaper, At the end of the day you want to have a
laugh and sit down and smoke a joint, which I do every day of my
life.19 Meanwhile in front of the camera, A-list celebrities like
Jennifer Aniston, Sarah Silverman, Brad Pitt, Seth Rogan, Matthew
McConaughey, and Woody Harrelson are some of the Screen Actors
Guilds most successful pot smokers. Harrelsons support for the
rights of cannabis consumers is so strong that he once withheld
several thousand dollars in federal taxes to protest the governments
prohibition of marijuana. He is also an active member of the advisory board for NORML.
Certainly all of you reading this book are aware that many prominent American politicians have dabbled with herb. And while twenty years ago the political fallout of such an admission was quick
and severein the mid-1980s, Supreme Court nominee Douglas
Ginsberg was withdrawn from consideration for having admitted using pot in collegewell, the times they are a changin. In
the 1990s, two-term Democratic president Bill Clinton famously acknowledged trying pot (although he alleged that he didnt
inhale), while his arch nemesis, former Republican House Speaker
Newt Gingrich, dismissed his own past marijuana use as a sign we
were alive. By the 2004 presidential election, the use of marijuana
by presidential candidates had become so pass that candidate Joseph
Lieberman publicly apologized during a nationally televised debate
for not having tried the drug. During his 2008 presidential campaign,
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Barack Obama also spoke openly about his own pot use, admitting,
I inhaled frequently; that was the point. The live audiencemany
of whom had also undoubtedly inhaled frequently from time to
timeapplauded Obamas candid remark. The statement galvanized
Obamas support among young people, many of whom either had
used or continue to use pot, and all but secured votes from Americas
budding cannabis community.
Of course given the herbs criminal status and the numerous penalties associated with its use, the fact that there exists any
pot culturemuch less one that is as prominent as cannabis cultureis a testament to how many people consume marijuana and
view the plant favorably. Opining in the July 7, 2008 edition of the
Central Florida Future newspaper, a student columnist aptly wrote,
Marijuana is one of the only illegal substances so influential in
American culture that its users have developed a sub-culture of their
own. The author continued: Weed culture is a nationwide phenomenon complete with films, music, books, stores and silly T-shirts;
all dedicated to Americas favorite criminal pastime. Its a culture
with its own heroes, like Bob Marley, Willie Nelson, Cheech and
Chong. A pot leaf is more than just a picture of a drug; it is a symbol
that connects people to a lifestyle.20

The Marijuana Constituency

At the turn of the twentieth century, tens of thousands of concerned

citizens joined together to lobby for the prohibition of alcohol.
They succeeded. In 1919, the Eighteenth Amendment to the U.S.
Constitution was ratified, prohibiting the public sale and consumption of booze. Thirteen years later, tens of thousands of concerned
citizens joined together again to lobby for the repeal of alcohol prohibition. They also succeeded. Today, tens of thousands, if not hundreds of thousands, of concerned citizens are once again lobbying
their government for a repeal of prohibitionpot prohibition.
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Popular Acceptance and Use of Marijuana and Alcohol

Unlike other illegal substances, marijuana has its own self-

identified, vocal, grassroots constituency. Today, a variety of social
advocacy groups such as NORML, the Marijuana Policy Project
(MPP), and SAFER work full-time on their behalf. In fact, NORML
proudly bills itself as the marijuana smokers lobby. Combined, these
and other like-minded organizations have tens of thousands of members and annual budgets of several millions of dollars.
Of course these budgets, as impressive as they are, pale in comparison to the financial resources available to groups that lobby on behalf
of the alcohol manufacturers. Organizations like the Beer Institute,
the Wine Institute, the Distilled Spirits Council of the United States,
and the National Beer Wholesalers Association (NBWA) employ
large staffs and make substantial financial contributions to politicians
of both parties. These groups also engage in grassroots organizing.
For example, the NBWA has members in every congressional district across the country, and Anheuser-Busch employs a company
lobbyist in every state capital.21
Despite possessing significantly fewer financial resources, groups
like NORML, MPP, and SAFER, as well as their supporters, also
play an active role in local and state politics. In recent years all three
groups have sponsored successful campaigns to liberalize marijuana
penalties at the local and state level. These organizations and their
constituents are also becoming more and more engaged in federal
politics. Notably, marijuana-law reformers in December 2008 made
their voices heard on the Web site Change.gov, the official site of
the Obama administration transition team, during an online poll to
determine the nations top public policy priorities. Of the 7,300 different questions voted on by the public, more than a dozen of the top
50 pertained to fixing Americas pot laws, and the number 1 question
was:Will [the U.S. government] consider legalizing marijuana so that
[it] can regulate it, tax it, put age limits on it, and create millions of
new jobs and create a billion dollar industry right here in the U.S.?22

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The Choice: Marijuana vs. Alcohol

So there you have it. On the surface, marijuana and alcohol are simply two popular substancesnothing more, nothing less. But obviously there is something more. One substance is legal and the other
is not. But before we tackle that reality starting in chapter 4, lets
spend a couple of chapters examining these two drugs in greater
detail.

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