The Cavalier daily :: Wednesday, January 6, 1971 :: University of Virginia Library

Two Assistant Professors of Law at
the University have called for the
legalization of marijuana in an article in
the October edition of the Virginia Law
Review.

The professors, Richard J. Bonnie and
Charles H. Whitebread II, urge revision of
the current state and federal marijuana
laws and offer six proposals for
meaningful reform. The article, "The
Forbidden Fruit and the Tree of
Knowledge," offers a chronological
history of American marijuana
prohibition.

Photo By Howard Weinberg

A "joint" or a "funny cigarette", depending on your position.

Two law professors support its use in a recent article in the "Law Review"

The edition of the Law Review in
which the article appears is expected to
be put on sale by the end of the week.
However, the authors report that early reaction
to the work has been extremely favorable.

Professors Bonnie and Whitebread consider
the creation of early marijuana laws as "a
public policy conceived in ignorance," with the
law being "rooted in fiction as well as fact."
Through the historical analysis of the marijuana
legislation, the authors hope to refocus the
debate concerning marijuana.

History To Present

The article takes the history of marijuana
legislation up through June 1970. Sections are
included on the genesis of the laws such as the
Uniform Narcotic Drug Act and the Marijuana
Tax Act of 1937.

The article also exposes some of the
"myths" which surround the use of marijuana
which led to the creation of the marijuana laws
and its image in the public eye today. The
authors examine marijuana law enforcement
and the "piecemeal judicial response" to the
changing social values.

After examining the current marijuana laws
in both the nation and the various states, the
authors present a six-point plan as a "minimal
solution" which would remove marijuana use
from the criminal process.

The six points recommend:

1) Prohibiting possession of more than four
ounces unless it can be shown that it was for
personal use alone;

2) Prohibiting public use;

3) Prohibiting driving or operating any other
dangerous machine while under the influence of
the drug;

4) Prohibiting transfer to any one party of
more than four ounces;

5) Prohibiting transfer of any amount to
persons under 16 years of age; and

6) Punishing all violators as misdemeanours.

'Palatable'

The authors state that, while this plan would
not satisfy fully either advocates or enemies of
marijuana, they feel that it is a "palatable"
scheme which could be used until further study
proved marijuana either to be safe or to have
adverse, long-range effects.

Mr. Whitebread said that reaction to the
article has been favorable. An editorial in the
December 20 Norfolk Virginian-Pilot presented
the six proposals, saying that "These six
proposals seem to us to be reasonable. Certainly
they are founded on better research and a
clearer understanding of the marijuana question
than current control legislation, national and
Virginia, reflects."

Mr. Whitebread added that, should the
positive response continue, "publication of the
article as a book is anticipated."