For the first time since Gallup began asking the question in 1969, more Americans favor the legalization of marijuana than oppose it. The percentage of those surveyed who say it’s time to do away with this arcane drug law now stands at a record-high 50 percent. Forty-six percent remain opposed.

Those figures stand in stark contrast to the first survey 42 years ago, when only 12 percent supported legalizing pot, while 84 percent opposed it. Perhaps the increase is due to common sense that comes with usage — the National Survey on Drug Use and Health in 2009 found that “16.7 million Americans aged 12 or older used marijuana at least once in the month prior to being surveyed, an increase over the rates reported in all years between 2002 and 2008,” according to Gallup.

Marijuana is really only illegal for one reason: It’s classified as a Schedule I drug, the only category of controlled substances that may not be prescribed by a physician.

Under Title 21 U.S.C. § 812b, drugs must meet three criteria in order to be classified as a Schedule I narcotic: The drug or other substance has a high potential for abuse; The drug or other substance has no currently accepted medical use in treatment in the United States; There is a lack of accepted safety for use of the drug or other substance under medical supervision.

Marijuana, unfairly, does not meet these criteria. Caffeine has potential for abuse. So does gambling. So does the mouthy spouse of an alcoholic (yikes, sorry). When you think “potential for abuse,” you think hard drugs like cocaine and heroin. Cannabis, it’s been shown in laboratory testing, does not contain the same high levels of toxicity as those drugs. Therefore, “potential for abuse” is not valid.

There is also wide-held belief that marijuana does indeed have current accepted medical use, as evidenced by the fact that now 16 states allow for “medical marijuana.” Among other uses, cannabis helps alleviate nausea and vomiting, it stimulates hunger in AIDS and cancer patients, and lowers intraocular eye pressure in glaucoma patients. Therefore, “no currently accepted medical use in treatment” is not valid.

In 1988, Francis L. Young, a DEA Administrative Law Judge, concluded: “Based upon the facts established in this record and set out above, one must reasonably conclude that there is accepted safety for use of marijuana under medical supervision.” Without getting into the mundane details of the case, it’s important to note that this was Former Chief Administrative Law Judge at the US Drug Enforcement Administration. Therefore, “a lack of accepted safety for use” is not valid.

Despite the ridiculous classification of this drug, it remains illegal. And despite the revenue it could bring in to our failing states and our federal budget, it remains illegal. One BusinessWeek study showed total spending on marijuana each year could range between $45 billion and $110 billion. So what would that mean in tax revenue?

“If the cost of retailing and distribution is the same as for legal tobacco cigarettes, about 10¢ a gram, then selling the (legal) product at exactly the same prices as on the street today ($10 per gram) could raise $40 billion to $100 billion in new revenue. Not chump change. Government would simply be transferring revenue from organized crime to the public purse.”

And here’s Stephen T. Easton, economics professor and senior fellow at the Fraser Institute: “What about possible tax revenue? From Canada we’ve learned that the production cost of (government-sponsored) marijuana is roughly 33¢ a gram. Currently, U.S. marijuana consumers pay at least $10 per gram retail for illegal marijuana. If the cost of retailing and distribution is the same as for legal tobacco cigarettes, about 10¢ a gram, then selling the (legal) product at exactly the same price as on the street today ($10 per gram) could raise $40 billion to $100 billion in new revenue. Not chump change. Government would simply be transferring revenue from organized crime to the public purse.”

Reps. Barney Frank and Ron Paul are teaming up to change our nation’s drastic drug laws, more states and police departments are decriminalizing marijuana every year, and the cultural stigma is dying with the older generations. Legalization may not come today or tomorrow, but it is on the horizon.

You know who’s super-epic-stoked-brahh about this development? This dude:

PREVIOUSLY IN POT:

• NYPD Commish: No More Small-Time Pot Busts
• Legalize It: Ron Paul & Barney Frank Channel Peter Tosh
• The War on Drugs: It’s Time to Roll Out the Portuguese Model
• Map: How Much You Pay For Weed Depends on, Like, Stuff

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