Pot Matters: Marijuana, the Courts and Probation

One of the arguments for keeping marijuana illegal is that no one really goes to jail anymore after getting arrested—as if that makes it okay. It’s not really true (because people do go to jail), but let’s examine the claim on its own terms and look at what happens to people who are arrested and not sent to jail. 

What happens to them? In some cases, they pay a fine. In most cases, though, they are placed on probation. What’s wrong with this? Plenty.

Probation is generally a wise and useful sentencing option, especially for non-violent offenders. Why, though, should it be considered an appropriate sanction for marijuana users? 

It should not—marijuana use should not be illegal. That said, does probation somehow make marijuana arrests more acceptable to society? It sounds good when compared to sending someone to jail. But on closer examination, it has numerous flaws.

First, probation should...

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