It’s no secret that I take crime very seriously. I am all about tough sentences and putting the bad guys away. But, come on, people. Is possession of a bong really worth ruining a guy’s career, livelihood, and reputation? I’m as tough on crime as the next guy, but suspending Michael Phelps from competitive swimming for 3 months for taking a bong hit (if he even really took the hit; all we know for sure is that he was photographed with a bong in hand). A possible prosecution for a picture of him holding a bong? Kellogg, allowing a major endorsement to expire because, “Michael’s behavior is not consistent with the image of Kellogg”?
I am not suggesting that Michael Phelps should be treated any differently than anybody else. I am not here arguing that Kobe Bryant was wrongfully accused, or that we are overly harsh with our sports stars (just ask Lawrence Philips what he thinks of me). What I am actually saying is that we need to have priorities in our criminal justice system.
Not all crimes are equal, just as not all drugs are equal. And courts, prosecutors, and cops don’t have the time or the resources to deal with the nonsense involved in simple possession of marijuana case. So, if that’s the case, why are the authorities making an example of Michael Phelps? Why are we using tax dollars to prosecute and incarcerate weed smokers?
Is it to deter kids from using and/or abusing pot? Well I think not. As Allen St. Pierre, 
executive director of the National Organization for the Reform of Marijuana Laws (NORML) aptly states: “Regardless of one’s view of marijuana use as normal or immoral, healthy or unhealthy, the fact is that over 70 years of government prohibition has done little to nothing to achieve the long-stated public goals of increasing youth perception of harm from marijuana use, reducing youth access to untaxed and unregulated marijuana, increasing treatment for marijuana abuse and marijuana-related emergency room visits, and incarcerating users and dealers.”
executive director of the National Organization for the Reform of Marijuana Laws (NORML) aptly states: “Regardless of one’s view of marijuana use as normal or immoral, healthy or unhealthy, the fact is that over 70 years of government prohibition has done little to nothing to achieve the long-stated public goals of increasing youth perception of harm from marijuana use, reducing youth access to untaxed and unregulated marijuana, increasing treatment for marijuana abuse and marijuana-related emergency room visits, and incarcerating users and dealers.”Successful entrepreneurs and business people know that they must be effective time managers. And in order to be an effective time manager, they realize that they simply cannot do everything available to them. They have to be selective with their limited time, and consciously choose to spend it on what is most important to them.
So why does it seem that time management and court management mentioned in the same sentence seem like an oxymoron?
Why isn’t it cost effective and productive to prosecute simple marijuana cases? Because the penalties are minimal! Why is the law lenient on marijuana ? Because more than half of the American population thinks that marijuana should be legalized!
Citizens are not alone on this, by the way. In fact, last year, the U.S. House of Representatives introduced H.R. 5843: "To eliminate most Federal penalties for possession of marijuana for personal use." This a bi-partisan measure introduced by Rep. Barney Frank [D-MA] and Rep. Ronald Paul [R-TX] on April 17, 2008. The bill’s goals was to remove Federal penalties for personal possession, or non-profit transfer, of up to 100 grams of marijuana.
And while those who want to legalize marijuana have a long list of arguments supporting the legalization of pot, I suggest that we use the business model of prioritizing to make a sound, well-thought-out decision. As C. Ray Johnson states in the final chapter of his book, CEO Logic: How to Think and Act Like a Chief Executive: "Prioritizing is the answer to time management problems - not computers, efficiency experts, or matrix scheduling. You do not need to do work faster or to eliminate gaps in productivity to make better use of your time. You need to spend more time on the right things. . . ."
In the criminal justice system, the “right thing” is to prosecute people who hurt others, who abuse, rape, molest, batter, use weapons, steal, stalk, or terrorize—not those who are photographed with a bong in hand.
This post and all posts by Robin Sax do not reflect the opinion of he Los Angeles County District Attorney or the Los Angeles District Attorney's Office.
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