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e to say that the user who possesses only an ounce is
almost certainly not a large-scale dealer.
There is the argument that the penalties for marijuana possession (and use) should be
reduced, but not for selling. This distinction violates empirical reality; it implies the
existence of two relatively separated social and moral spheres that articulate on a
superficial basis—profit. If the seller is guilty, the user is, too, because the user is the
seller, and the seller the user. The technical exchange of contraband goods for money
takes place at every conceivable level and by nearly everyone above the minimally
involved. Labeling all selling heinous and use only moderately reprehensible, is to display
ignorance of how the market works. The present law, as well as the moderate reforms
currently being proposed, puts use in one legal, logical category, and all levels of selling
in another. We find use and most selling transactions to be logically and socially
indistinguishable while high level, high volume, and high profit selling transactions exist
in a disjunctive social and moral universe. If we believed in "natural" social categories, the
present confusion would represent as great an intellectual blunder as classifying whales as
fish and bats as a species of bird.
* These prices were current before the Mexican border blockade and increased
vigilance of 1969 and 1970. At the present time (February 1970), prices are about one and
a third to one and a half more than what they were a year earlier, even assuming the
availability of marijuana, which is often problematic. (back)
N O T E S
1. It is interesting that the most vigorous of the antimarijuana propagandists of the
1930s, Harry Anslinger, denied that marijuana was sold by professional gangsters in 1937:
"... the control and sale of marijuana has not yet passed into the hands of the big gangster
syndicates. The supply is so vast, and grows in so many places, that gangsters perhaps
have found it difficult to dominate the source.... gangdom has been hampered in its efforts
to corner the profits of what has now become an enormous business." See Harry J.
Anslinger, with Courtney Ryley Cooper, "Marijuana—Assassin of Youth," American
Magazine 124 (July 18, 1937): 152-153. (back)
2. The clearest recent statement of this position may be found in Will Oursler,
Marijuana: The Facts, the Truth (New York: Paul S. Eriksson, 1968), pp. 113-120.
Oursler seems to think these college student distributors are gangland fronts, and are
called "beavers" in the underworld. (back)
3. The New York Times, September 27, 1968. (back)
4. Ibid., October 6, 1968. (back)
5. The most informative of recent accounts must include: James T. Carey, The College
Drug Scene (Englewood Cliffs, N. J.: Prentice-Hall, 1968), esp. chs. 2, 4, 5; Jerry Mandel,
"Myths and Realities of Marijuana Pushing," in J. L. Simmons, ed., Marijuana: Myths and
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