second when you've had something like legalization, as mark kleiman -- and i'll quote mark kleiman who's not on my side and he's an academic expert who's in favor, he was the drug czar the legal drug czar in the state of washington for a while -- says that when you legalize, you will see four to six times as much stuff consumed, four to six times as much marijuana consumed. not four to six times as many people, but four to six times as much consumed. here the marijuana user imitates and apes the alcoholic. >> host: right. >> guest: so 10% of people who drink alcohol are alcohol you cans, and they consume 50% of the alcohol. 20% -- [inaudible] 20% of people who drink alcohol consume 80 or 90% of the alcohol. so what you have here, and kleiman has said this about colorado is weekly users have now become daily users. and you can write a lot of them off from productive activity. the other broader cultural aspect -- and let me just say because it's fair to say, every time we bring this up i get a caller to the show saying i am a mechanical engineer, i smoke pot three times a week it's never a

cbs news legal analyst rickey claimrickey -- rikki kleiman is here. >> the prosecution goes first and last. they have the burden of proof both at the stage of guilt and later at the penalty phase. what we should expect is the prosecution to do what it should do. the tway has tried the entire guilt phase, even if the defense is not contesting much. they will be very emotional, because the deaths are emotional, and, yes, they will be factual. they will take this indictment which, by the way, is one of the largest that i have seen. i have it with me. you have 30 counts in this indictment. it is complicated. the defense on the other happened, we know what the defense theory is judy clark opened. everyone expects her to do the closing. perhaps she will. perhaps she won't, but it will be a book end. she will continue setting the stage for the penalty phase, where she is looking at dzhokhar tsarnaev as being manipulateed by his older brother. >> do you think that's an effective strategy so far? >> trying to save his life indeed it's effective. one of the things to look at gayle, is that ther

. >>> in our next half hour legal analyst rikki kleiman looks at the video and whether prosecutors wouldave e filed charges without it. that's ahead. >>> and killing unu.s. soldier in afghanistan. officials say an afghan army soldier overed fire on american forces in the city of jalalabad. sources say two other u.s. troops were wounded. soldiers returned fire and then killed the attacker. >>> day two of jury deliberations begins this morning in the boston marathon bombing trial. jurors debating whether dzhokhar tsarnaev is guilty of 30 charges relating to the april 2013 attack. they deliberated seven hours yesterday and it somed two questions to the judge who is expected to answer them this morning. if guilty tsarnaev will enter the sentencing phase of the trial with the same jury. he could face the death penalty. >>> and an nba player in a new york city hospital after stabbed in the stomach. a high-ranking nypd official says indiana chris cope lynn was attacked early this morning happening outside a nightclub after along argument. his wife and another woman slashed by the same attacker.