We’d all like to think Louisiana is moving forward boldly into the 21st century. But it’s clear we are big on talk and small on action when it comes to civil liberties and smart drug policies.Two bills have been advanced in this legislative session to apply the same penalties for marijuana possession, production and distribution — some of the toughest in the nation — to a blend of herbal incense.The substance, sold in head shops and gas stations across the country, is purported to have an effect similar to marijuana. Users hope smoking a combination of herbs used in homeopathic medicines will achieve a legal high, which won’t get them busted by the police or make them fail a drug test.Legislators have pounced on the popularity of the new substance, claiming their efforts will protect the children of Louisiana.This is a noble goal, but the new legislation misses the mark. Instead of making the substance illegal for everyone, legislators would have done well to restrict its use in a manner similar to tobacco and alcohol.Anyone who has lived through high school can attest the most easily accessible substances were the illegal ones — with alcohol just about the hardest to get. Drug dealers don’t check IDs (or pay taxes).We should of course keep these substances out of the reach of children. Will this bill make it more or  is it less likely they will get their hands on the wrong substances?The real way to make children safer is to restrict the sale of this product to adults while making penalties on those who contribute to the delinquency of minors tougher.It seems this new policy speaks to a larger point because an amendment which would have restricted the age of the sale of this substance was defeated. It is a reinforcement of an antiquated social perception of marijuana use and an allegory of a reactionary and backward-thinking state assembly.This outdated mentality is being renewed in Louisiana, but it is simultaneously being rebuked in other parts of the country.Fourteen states have overcome the myths surrounding marijuana by allowing the medicinal use of the drug which has proven to be effective in easing glaucoma and stimulating appetite and reducing nausea in AIDS patients, all while defying outdated federal laws claiming the drug has no medical benefits.Some are going further. California’s combination of a looming budgetary crisis and a government controlled by baby boomers has led to a legalization measure slated for a statewide vote. Supporters have recognized legalizing marijuana will allow the state to save money on both ends by reducing expenses in enforcement by about $1 billion and by generating an estimated $1.5 billion in revenues, a net deficit reduction of roughly $2.5 billion per year.Additionally, there is always the argument that making an illegal substance less dangerous, poisonous and addictive than alcohol just defies logic.The banning of herbal incense and marijuana share one thing in common. They both restrict the liberties of Louisiana residents while claiming baselessly that they will protect children.Banning both of these substances is not just out of line with our country’s founding principles — that personal liberty allows you to do whatever you want as long as you don’t affect others. It’s simply a bad policy if the goal is to restrict the use of these substances from minors.It’s time for our politicians to wake up and realize these policies don’t work. The new slogan shouldn’t be “legalize it.” It should be “tax and regulate it.”—-Mark Macmurdo is a 23-year-old history and economics senior from Baton Rouge. Follow him on Twitter @TDR_mmacmurdo.