DEAR President Purvanov and People of Bulgaria, I'm a criminal. Yes, I've inhaled and I still do, from time to time.

It's odd. I never really considered myself a criminal, though I realise marijuana is illegal in most areas of the world which, of course, makes me a lawbreaker. Perhaps I'm too easy on myself since Western world trends are progressing toward decriminalisation and tolerance. This is especially true in European Union countries which, as everyone knows, Bulgaria is eager to join the ranks of in 2007.

With so much energy being invested in "making the grade" for the EU, I was a bit surprised by the actions in Parliament in the past month, when they voted in favour of amending the penal code so anyone caught with a single marijuana cigarette could go to jail for three to 15 years ( hard drugs merit even more jail time). As reported in the March 19 edition of The Echo, these changes would make Bulgaria "the only country to solve a medical problem by way of penal actions".

The vote didn't get much press. There was a small blurb in this paper and only a sidebar commentary in Standart where they called the vote, "A step in the right direction" (this from the same paper that reported 60 per cent of Bulgarians believe in black magic).

I assure you when I write this I'm not just trying to save my own worthless, reprobate neck. I'm speaking on behalf of the numerous friends I have who smoke (criminals, too, but a good bunch). I write also on behalf of my daughter who, though she's only 14 and doesn't smoke, will undoubtedly try marijuana. Yes, she's a criminal waiting to happen and I love her still. I write this, too, for all those I don't know who smoke and for those whose children smoke and, thus, risk an extended stay in jail for sparking a single joint.

You probably won't want to listen to a criminal such as myself but I implore you in particular, President Purvanov, to veto these amendments to the penal code just as your predecessor Petar Stoyanov did.

It's possible you don't have much information for making this important choice. It's not your fault, from what I've seen there's precious little factual information on marijuana available here. I can only suppose that because of this lack, more than 70 per cent of you, the people of Bulgaria (if polls can be believed) want to see single drug doses ruled a criminal offence (according to a poll reported in the Sofia News Agency from March 21 2004).

Let me start, then, by briefly explicating the trend in cannabis laws in the EU since, again, getting into the "family" seems to be on everyone's minds here. I'm a writer, not a scientist or a lawyer, so I'll let those more informed than I do most of the talking from here on out.

The following overview, including a more detailed summary of country-by-country drug policies, is available at www.norml.org from a report done in 2002:

"Nations in the European Union (EU) have continued to move away from US-styled 'war on drugs' ideology. European governments have typically manifested this policy shift by redefining drug use as a health issue rather than a criminal one, and enacting legislation reflecting this change. As part of this trend, several EU nations have recently ratified laws liberalising the possession and use of marijuana...

"Europe is a working example of the revised approach to drug policy in which the user is treated as a responsible citizen. A major part of the European model of drug policy is to treat drug use not as a criminal activity that must be stamped out completely, but rather a part of human nature that should best be handled in a manner that minimises adverse effects to both the individual and society as a whole...

"European countries largely believe that the way to approach drug use is to emphasise truthful education over propaganda and promotion of self-development over repressive law enforcement. Most of Europe has recognised that the criminal justice system only exacerbates problems associated with drug use by causing social stigma and an increased sense of failure and self-esteem for the user. Instead, a more pro-active and holistic approach is utilised in deterring drug use instead of a reactionary one that has proved historically to be a failure...

"The consumer is no longer seen as a criminal, and cannabis is general seen as equal to other recreational vices such as tobacco and alcohol use. The current trend of European countries is moving toward a complete decriminalisation of cannabis, and in some cases legalisation and regulation of commercial trade through a government-approved licensing system.

"Most European countries firmly believe that there can be no legal basis for prohibiting freedom of action in respect to one's own body. Most of Europe has recognised that the responsible use of cannabis by an adult, in their home, is not part of a country's crime problem. This 'European' mentality of freedom to conduct one's personal affairs while respecting the rights of others stands as an example to the United States and other countries. When a tolerant and compassionate view toward drug use and drug users is realised, inevitably, nations begin to see a noticeable improvement in the quality of life for its citizens."

Interestingly, though, the US lacks the tolerant stance of EU countries; since 1996, 10 states have legalised medical marijuana use and nine of the 10 did so through public referendums (though several of these states subsequently repealed these laws largely because of federal pressure).

Yes, "medical marijuana." In fact, cannabis has been utilised as a medicine for centuries. To really explore this would require a column longer than this entire newspaper. Still, here are a few more facts worth noting:

- Organisations that have endorsed medical access to marijuana include: the Institute of Medicine, the American Academy of Family Physicians; American Bar Association; American Public Health Association; American Society of Addiction Medicine; AIDS Action Council; British Medical Association; California Academy of Family Physicians; California Medical Association; Consumer Reports Magazine; Lymphoma Foundation of America; National Association of Attorneys General; National Association of People with AIDS; New Mexico Nurses Association; New York State Nurses Association; and New England Journal of Medicine.

-A few of the editorial boards that have endorsed medical access to marijuana include: Boston Globe; Chicago Tribune; Miami Herald; New York Times; Orange County Register; and USA Today.

-On September 6, 1988 Drug Enforcement Agency Judge Francis L. Young said, "Marijuana is the safest therapeutically active substance known to man... safer than many foods we commonly consume."

-The Institute of Medicine's 1999 report on medical marijuana summarised the medical value of marijuana saying: "The accumulated data suggest a variety of indications, particularly for pain relief, antiemesis [anti-nausea], and appetite stimulation. For patients, such as those with AIDS or undergoing chemotherapy, who suffer simultaneously from severe pain, nausea, and appetite loss, cannabinoid drugs might thus offer broad spectrum relief not found in any other single medication."

All right, so marijuana clearly has value as a medicine. Of course, some medicines can be harmful, or even hazardous, to one's health. What about marijuana?

Bulgarian Doctor Yulian Karajov, in his 2001 book, Drugs: Almost All About Them, writes: "Numerous studies have been conducted to study the effects of marijuana on the organism. The cannabinoids [or THC the active element of marijuana] are amazingly low in toxicity. The lethal dose of THC-by different estimations-is 400 to 40 000 times the effective dose. Until now it's unheard of for anyone to die of cannabis use, though a curious fact is that based on medical magazines, just from 1979, three people have died from over-drinking water" (156-157).

Still, some medicines are highly addictive. What about marijuana?

"It is a know fact that there is no physical dependency on marijuana and the psychological dependency is very weak" (Karajov 158).

So what's all the fuss about? How does marijuana get lumped in with harder drugs such as heroin or cocaine? Is it because marijuana is a "gateway" drug that leads to the harder stuff? Standart, in that same March 19 column, thought so, claiming, "In the beginning it starts with light drugs... then with the heroin only on Saturday. It's always the same."

The US Institute of Medicine's 1999 report says differently: "Not surprisingly, most users of other illicit drugs have used marijuana first. In fact, most drug users begin with alcohol and nicotine before marijuana, usually before they are of legal age. In the sense that marijuana use typically precedes rather than follows initiation of other illicit drug use, it is indeed a 'gateway' drug. But because underage smoking and alcohol use typically precede marijuana use, marijuana is not the most common, and is rarely the first, 'gateway' to illicit drug use. There is no conclusive evidence that the drug effects of marijuana are causally linked to the subsequent abuse of other illicit drugs" (5).

I guess if we follow the "gateway" logic we should outlaw tobacco and alcohol, too. That seems a bit extreme, no?

So, if the science and logic of the anti-marijuana campaign doesn't hold up, what drives it?

Again from Karajov: "The staunchest opponents of cannabis often acknowledge their arguments are more of a moral nature, as they understand it, and they don't need scientific documentation" (158).

Even though I don't believe in black magic, I'm certainly comfortable with others believing in it as long as legislation doesn't rise from those beliefs (see the Inquisition and the Salem Witch trials for examples of how this can be problematic). I prefer to have my laws built on reason rather than arbitrary morality. The scientific documentation is there and those countries aware of it are moving toward a policy that distinguishes personal use from trafficking and cannabis from other drugs. I implore you, Mr. President and the people of Bulgaria, to follow suit.

The alternative, the implementation of archaic and Draconian drug laws, can only end up accelerating the exodus of young people abroad and/or stuffing our jails to the bursting point. And how far will it go? In Singapore, which leads the world in per capita executions, there is a mandatory death penalty for anyone caught with over 500 grams of marijuana. Is this the beacon we wish to follow?

In the long run, legalisation of marijuana is the most sensible choice. Marijuana is arguably the number one cash crop in America (albeit illegal). The seemingly radically move of legalising and taxing marijuana would boost a faltering, agrarian economy here. I realise now is not the time or place to advocate this as we're still years from that kind of forward-thinking choice. For now, please, let's just have a "thinking" choice rather than hysteria.

- Sincerely,

Michael Harris Cohen (a criminal with a conscience)





Sources and further reading:



Karajov, Julian Drugs: Almost All About Them. Sofia: Dilok, 2001.

Organizations for the reform of marijuana laws:

www.drugwarfacts.org

www.norml.org (The National Organization for the Reform of Marijuana laws, a non-profit devoted to educating people about Marijuana and promoting drug law reform in the states and abroad. A country-by-country summary on drug laws in the EU is available as well as state-by-state drug laws for the US)

www.encod.org (European Citizens for Just and Effective Drug Policies)

www.promena.org (Bulgarian organization. See their web site for information on an April 4 demonstration against the amended penal codes).

Organisations supporting the legalisation of medical marijuana:

www.medmjscience.org/Media/pdf/marimed.pdf (link for the Institute of Medicine's 1999 report ).

www.marijuana.org

www.maps.org/mmj/

www.marijuana-as-medicine.org/