Decriminalization of non-medical marijuana in the United States
Encyclopedia
Attempts to decriminalize cannabis
in the United States began in the 1970s. Several jurisdictions have subsequently decriminalized
cannabis (also referred to as marijuana or marihuana) for non-medical
purposes, as views on cannabis have liberalized, peaking in 1978. The decriminalization movement supports efforts ranging from reducing penalties for cannabis-related offenses to removing all penalties related to cannabis, including sale and cultivation. Proponents of cannabis decriminalization argue that a substantial amount of law-enforcement resources would be freed, which could be used to prevent more serious crimes, and would reduce income earned by street gangs and organized crime who sell or traffic cannabis. Opponents argue that cannabis on street level today has a much higher percent of THC
with a stronger drug effect and that decriminalization will lead to increased crime, increased cannabis usage, and subsequent abuse of other illicit drugs. Gonzales v. Raich
, 2005 ruled in a 6-3 decision that the Commerce Clause of the United States Constitution allowed the federal government to ban the use of cannabis, including medical use.
, counties
, and cities have decriminalized cannabis. Most places that have decriminalized cannabis have civil fines
, drug education, or drug treatment in place of incarceration
and/or criminal
charges for possession of small amounts of cannabis, or have made various cannabis offenses the lowest priority for law enforcement
. A few places, particularly in California
, have removed almost all legal penalties for marijuana possession, including personal cultivation with a prescription from a licensed physician.
After the 1960s, an era characterized by widespread use of cannabis
as a recreational drug, a wave of legislation in United States
sought to reduce the penalties for the simple possession of cannabis, making it punishable by confiscation
and a fine rather than imprisonment
or more severe charges.
In 1972, President
Richard Nixon
commissioned a study on cannabis use from the National Commission on Marijuana and Drug Abuse. The Commission found that the constitutionality of cannabis prohibition was suspect, and that the executive and legislative branches had a responsibility to obey the Constitution, even in the absence of a court ruling to do so. The Nixon administration did not implement the study's recommendations. However, the report has frequently been cited by individuals supporting removal of cannabis from Schedule I of the Controlled Substances Act.
In 1973, Oregon
became the first state to decriminalize cannabis possession. By 1978 Alaska
, California
, Colorado
, Mississippi
, New York
, Nebraska
, North Carolina
, and Ohio
had some form of cannabis decriminalization. Certain cities and counties, particularly in California, have adopted laws to further decriminalize cannabis.
In 1974, A Senate Internal Security Subcommittee, chaired by Sen. James O. Eastland
on The Marihuana-hashish epidemic and its impact on United States security state that evidence accumulated by scientific researchers on cannabis had turned dramatically against this drug.
In 1974 Dr Robert DuPont, the White House drug czar, began to publicly support decriminalization of cannabis, seeing cannabis as a health problem. But when DuPont left government he changed his mind and declared that "decriminalization is a bad idea". Robert DuPont is still an active proponent to decriminalization of cannabis.
rejected Measure 5 by 60–40 percent. Measure 5 would have removed civil and criminal penalties for use of cannabis or other hemp products by adults age 18 and older and would have regulated the sale of cannabis similar to the sale of alcoholic beverages.
On November 2, 2004, voters in Alaska rejected Measure 2 by 56–44 percent. Measure 2 would have prompted the state legislature to tax and regulate cannabis, and would have removed criminal penalties for cannabis use by adults aged 21 and older.
, with 50.13% in support.
In January 2011, Republican
first-year Arizona legislator John Fillmore introduced House Bill 2228. This bill would decriminalize marijuana possession of 2 ounces or less to a petty offense with a penalty of no more than a $100 fine, similar to the laws in Colorado, California, etc.
On January 1, 1975, Senate Bill 95 made possession under one ounce of cannabis for non-medical use punishable by a $100 fine; stricter punishments exist for amounts exceeding an ounce, possession on school grounds, or subsequent violations or for sale or cultivation. If the offender is under the age of 21, his or her driver's license may be suspended for up to one year.
In Mendocino County, voters in 2000 approved Measure G, which called for the decriminalization of marijuana
when used and cultivated for personal use. Measure G passed with a 58 percent majority vote, making it the first county in the United States to declare prosecution of small-scale marijuana offenses the "lowest priority" for local law enforcement. Measure G does not protect individuals who cultivate, transport or possess marijuana for sale. However, Measure G was passed at the local government level affecting only Mendocino County, and therefore does not affect existing state or federal laws. The city of Berkeley
has had a similar law since 1979 which has generally been found to be unenforceable.
On June 3, 2008, the Mendocino County Board of Supervisors placed Measure B on a county-wide ballot. Voters narrowly approved "B", which repealed most of the provisions of 2000's Measure G. On July 3, 2008, the Sheriff and District Attorneys offices announced that they would not be enforcing the new regulations for the time being, citing pending legal challenges and conflicts with existing state law.
On September 30, 2010, California Gov. Arnold Schwarzenegger signed into law S.B. 1449, a bill that decriminalizes the possession of up to one ounce of marijuana. The bill reduces simple possession from a misdemeanor to an infraction. This would eliminate the need to appear in front of a court and would treat possession of less than 28.5 grams like a traffic ticket, punishable by $100.
In 2010, Proposition 19
, titled the "Regulate, Control, and Tax Cannabis Act of 2010", qualified for the November California ballot
. It was rejected by 54% of the voters. This initiative would have legalized the recreational use of cannabis and its related activities in the State of California. It also would have allowed local governments to regulate and tax the newly created cannabis market.
would have legalized possession of 28.45 grams (approximately one ounce) or less by adults age 21 and older, but the amendment was rejected by 60-40 percent.
The cities of Breckenridge and Denver have passed measures to make possession of up to one ounce of marijuana legal, although this is still a crime under state law. For more info see Safer Alternative for Enjoyable Recreation
.
was introduced by Delegate Curt Anderson
, a Democrat from Baltimore
. Under his bill, House Bill 606, the possession of less than 28.5 grams of marijuana would be considered a civil offense and subject to a $100.00 fine rather than the criminal penalty of up to a year in jail and a $1,000.00 fine that exists in state law. Although House Bill 606 had 19 co-sponsors and a well attended public hearing before the House Judiciary committee in Fedruary, 2011; the chairman of that committee never placed the bill on a voting list and the bill died in committee as the legislature adjourned its 2011 session in April.
voters voted 'yes' on ballot question 2 known as the Massachusetts Sensible Marijuana Policy Initiative
, which became law on January 2, 2009, reduced the penalty for possession of an ounce or less of cannabis from the previous misdemeanor punishable by up to 6 months in jail and $500 fine to a civil infraction and a fine of $100, as well as prevent the inclusion of the citation into the CORI
criminal records database which is used by law enforcement and employers to conduct background checks and jeopardizes the person's ability to obtain jobs, housing, and school loans. It also requires people under the age of 18 to have their parents notified and do community service, as well as receive drug awareness counseling or have the fine increased to $1000.
House Bill 2929 and Senate Bill 1801 were introduced in January 2009 which seek to legalize and tax the cannabis industry.
, due to referenda and ordinances, makes possession of small amounts of cannabis a civil infraction, subject to a fine, rather than a misdemeanor
or felony
. More stringent state laws are enforced on the University of Michigan
campus in Ann Arbor. In 2009 the Michigan Medical Marijuana act was passed giving Michiganders similar rights to own and cultivate the plant for medical purposes. (See Cannabis laws in Ann Arbor, Michigan).
rejected Question 9 by 61-39 percent. Question 9 would have legalized possession of cannabis under 85.5 grams (3 ounces) by adults age 21 and older and would allow cannabis to be regulated, cultivated, sold and taxed. Question 9 would have also made low cost cannabis available for medical cannabis patients and would have created laws against "driving dangerously" under the influence of cannabis.
On November 7, 2006, voters in Colorado
and Nevada
rejected propositions that would have legalized possession of up to 28.45 grams (one ounce) of cannabis. In Nevada, Question 7 would have allowed adults 21 and older to purchase cannabis from government-regulated shops and possession of 28.45 grams or less in a private home would have been legalized, but the Question was rejected by 56-44 percent.
Senate voted down a bill that would have reduced the penalty for the possession up to a quarter-ounce of cannabis from a misdemeanor to a violation punishable by a fine of no more than $200. This bill had previously passed the N.H. State House of Representatives and had the support of the majority of polled voters.
became the first state to decriminalize cannabis. Possession of 28.45 grams (1 ounce) or less is punishable by a $500 to $1,000 fine; stricter punishments exist for sale or cultivation. In 1986, Oregon's Ballot Measure 5 sought to legalize cannabis, but it was rejected by 74% of the voters.
to legalize, tax and regulate marijuana under the authority of the Washington State Liquor Control Board
.
was introduced in the 110th United States Congress
and represents the first attempt to decriminalize possession of small amounts of cannabis at the federal level to be introduced in many decades. The bill was reintroduced in the 111th United States Congress
as the Personal Use of Marijuana by Responsible Adults Act of 2009
.
commissioned the National Commission on Marijuana and Drug Abuse to produce an in-depth report on cannabis. The report, "Marijuana: A Signal of Misunderstanding," found cannabis prohibition constitutionally suspect and stated regardless of whether the courts would overturn prohibition of cannabis possession, the executive and legislative branches have a duty to obey the Constitution.
"It’s a matter of individual freedom of choice,” said ACLU President Nadine Strossen
in an interview. "Does that mean they should do it? Not necessarily, not any more than somebody should smoke or drink or eat McDonald’s hamburgers."
In 1988, Michael Aldrich and Tod Mikuriya published "Savings in California Marijuana Law Enforcement Costs Attributable to the Moscone Act of 1976" in the Journal of Psychoactive Drugs
. The study estimated California
saved almost one billion dollars in a twelve-year period between 1976 and 1988, as a result of the Moscone Act of 1976 that decriminalized cannabis.
In 2003, the Office of National Drug Control Policy
(ONDCP) published "Economic Costs of Drug Abuse," which stated without separately analyzing cannabis related costs, the United States was spending $12.1 billion on law enforcement and court costs, and $16.9 billion in corrections costs, totaling $29 billion.
In his report entitled, “The Budgetary Implications of Marijuana Prohibition,” Jeffery Alan Miron explores the cost of this policy as well as the potential revenue it poses if the policy of prohibition is replaced with a system of legalization. In order to obtain an accurate estimate of the money involved in this policy, Miron used the latest Census information (2000) and state budget reports. According to his calculations, “legalizing marijuana would save $7.7 billion per year in government expenditure on enforcement of prohibition. $5.3 billion of these savings would accrue to state and local governments, while $2.4 billion would accrue to the federal government”. In addition to these savings, according to Miron, “Marijuana legalization would yield tax revenue of $2.4 billion annually if marijuana were taxed like all other goods and $6.2 billion annually if marijuana were taxed at rates comparable to those on alcohol and tobacco” See projected marijuana tax revenues by state.
In 2004, Scott Bates of the Boreal Economic Analysis & Research center prepared a study for Alaskans for Rights & Revenues entitled "The Economic Implications of Marijuana Legalization in Alaska." The study estimated the Alaska
n government was spending $25–30 million per year enforcing cannabis prohibition laws. The study found if the purchase of cannabis were to be taxed as a legal commodity, tax revenues would increase by about $10–20 million per year, making $35–50 million per year in funds available.
In 2006, a study by Jon Gettman
entitled "Marijuana Production in the United States" was published in The Bulletin of Cannabis Reform. The report states cannabis is the top cash crop in 12 states, is one of the top three cash crops in 30 states, and is one of the top five cash crops in 39 states. Gettman estimated the value of U.S. cannabis production at $35.8 billion, which is more than the combined value of corn and wheat. Furthermore, the report states according to federal estimates, eradication efforts have failed to prevent the spread of cannabis production, as cannabis production has increased tenfold in the past 25 years.
In 2006, the United Nations Office on Drugs and Crime
released the 2006 World Drug Report, which stated the North America
n cannabis market is estimated to be worth anywhere from $10 billion to $60 billion annually. That same study also indicated that the mountainous regions in Appalachia, and the rural areas of the West Coast are ideal for growing marijuana. Allowing farmers there to grow marijuana openly would both provide jobs and reduce the need for expensive federal welfare payments to those areas, which are disproportionately dependent on welfare.
In 2006, a study by the University of California, Los Angeles
found California
has saved $2.50 for every dollar invested into Proposition 36
, which decriminalized cannabis and other drug possession charges by allowing out patient treatment programs instead of incarceration. In the first year the proposition was enacted (2001), California reportedly saved $173 million, which is likely a result of fewer drug offenders in prison. In the five years after the program was enacted, 8,700 fewer people are in prison for drug offenses.
Since cannabis is illegal in the United States, this policy has led to penalties for simple use and possession. Despite these penalties, users continue to find themselves in trouble with the law. The Connecticut Law Revision Commission made the following evaluation:
"(1) the costs of arresting and prosecuting marijuana offenders were significantly lower in states that had done away with criminal penalties for possessing small amounts; (2) there was a greater increase in marijuana use in states that continue to treat possession as crime than in states that treated it as a civil offense; (3) easing the penalties for marijuana did not lead to a substantial increase in the use of either alcohol or hard drugs."
, argue that fully decriminalizing cannabis would largely decrease financial gains earned by gangs in black market cannabis sales and trafficking.
Cannabis has been subject to many studies over the past century. Modern scientific thinking acknowledges that cannabis can cause real, permanent harm, but also that the harm is less than many other drugs, including legal ones. Psychopharmacologist David Nutt
argues, though he is against full declassification, that the harm caused by cannabis is far less than that caused by alcohol or tobacco, which, if they were invented today "would be illegal."
published Keep Off the Grass, which stated that "[the] biochemical changes induced by marijuana in the brain result in drug-seeking, drug taking behavior, which in many instances will lead the user to experiment with other pleasurable substances. The risk of progression from marijuana to cocaine to heroin is now well documented."
In 1995, Partnership for a Drug-Free America with support from The National Institute on Drug Abuse
(NIDA) and the White House Office of Drug Control Policy launched a campaign against cannabis use citing a Center on Addiction and Substance Abuse
(CASA) report, which claimed that cannabis users are 85 times more likely than non-cannabis users to try cocaine. However, an article published in The Activist Guide by John Morgan and Lynn Zimmer entitled "Marijuana's Gateway Myth," claims CASA's statistic is false. The article states:
Multiple opponents of cannabis decriminalization have claimed increased cannabis use results in increased abuse of other illicit drugs. However, multiple studies have found no evidence of a correlation between cannabis use and the subsequent abuse of other illicit drugs.
In 1997, the Connecticut Law Revision Commission examined states that had decriminalized cannabis and found decriminalizing small amounts of cannabis has no effect on subsequent use of alcohol or "harder" illicit drugs. The study recommended Connecticut
reduce cannabis possession of one ounce or less for adults age 21 and over to a civil fine.
In 1999, a study by the Division of Neuroscience and Behavioral Health at the Institute of Medicine
entitled "Marijuana and Medicine: Assessing the Science Base," found no evidence of a link between cannabis use and the subsequent abuse of other illicit drugs on the basis of its particular physiological effect.
In December 2002, a study by RAND
investigating whether cannabis use results in the subsequent use of cocaine
and heroin was published in the British Journal of Addiction. The researchers created a mathematical model simulating adolescent drug use. National rates of cannabis and hard drug use in the model matched survey data collected from representative samples of youths from across the United States; the model produced patterns of drug use and abuse. The study stated:
In 2004, a study by Craig Reinarman, Peter D. A. Cohen, and Hendrien L. Kaal entitled "The Limited Relevance of Drug Policy: Cannabis in Amsterdam and in San Francisco," was published in the American Journal of Public Health
. The study found no evidence that the decriminalization of cannabis leads to subsequent abuse of other illicit drugs. The study also found the mean age at onset of cannabis use and the mean age of cannabis users are both higher in Amsterdam than in San Francisco.
In 2006, the Karolinska Institute in Sweden
used twelve rats to examine how adolescent use of cannabis affects subsequent abuse of other illicit drugs. The study gave six of the twelve "teenage" rats a small dose of THC
, reportedly equivalent to one joint smoked by a human, every three days. The rats were allowed to administer heroin by pushing a lever and the study found the rats given THC took larger doses of heroin. The institute examined the brain cells in the rats and found THC alters the opioid system that is associated with positive emotions, which lessens the effects of opiate
s on rat's brain and thus causes them to use more heroin. Paul Armentano, policy analyst for NORML
, claimed because the rats were given THC at the young age of 28 days, it is impossible to extrapolate the results of this study to humans.
In December 2006, a 12 year gateway drug hypothesis study on 214 boys from ages 10–12 by the American Psychiatric Association
was published in the American Journal of Psychiatry
. The study concluded adolescents who used cannabis prior to using other drugs, including alcohol and tobacco, were no more likely to develop a substance abuse disorder than subjects in the study who did not use cannabis prior to using other drugs.
In September 2010, a study from the University of New Hampshire
examined survey data from 1,286 young adults who had attended Miami-Dade County Public Schools
in the 1990s and found the association between teenage marijuana use and other illicit drug abuse by young adults was significantly diminished after controlling for other factors, such as unemployment. They found that after young adults reach age 21, the gateway effect subsides entirely.
(DEA) has claimed that cannabis leads to increased crime in the un-sourced pamphlet entitled "Speaking Out Against Drug Legalization."
Studies have found no evidence of a link between cannabis usage and an increase in crime, but rather have found cannabis may decrease criminal behavior when under the influence.
In 1973, a report by the National Commission on Marijuana and Drug Abuse entitled "Marijuana: A Signal of Misunderstanding" found marijuana does not cause violent or aggressive behavior, but rather "marijuana was usually found to inhibit the expression of aggressive impulses by pacifying the user, interfering with muscular coordination, reducing psychomotor activities and generally producing states of drowsiness lethargy, timidity and passivity."
In 2001, a report by David Boyum and Mark Kleiman entitled "Substance Abuse Policy from a Crime-Control Perspective" found the "high" from cannabis is unlikely to trigger violence and concluded:
In 2004, a study by Scott Bates from the Boreal Economic Analysis & Research center entitled "The Economic Implications of Marijuana Legalization in Alaska," was prepared for Alaskans for Rights & Revenues. The study found there was no link between cannabis use and criminal behavior.
(DEA) has claimed that cannabis decriminalization will lead to increased cannabis use and addiction in the un-sourced pamphlet entitled "Speaking Out Against Drug Legalization". The pamphlet states in 1979, after 11 states decriminalized private cannabis use, cannabis use among 12th grade students was almost 51 percent and in 1992, when stricter cannabis laws were put in place, the usage rate reduced to 22 percent. The pamphlet also states that when Alaska decriminalized cannabis in 1975, the cannabis use rate among youth eventually rose to twice the national average youth usage rate nationwide; even though the law did not apply to anyone under the age of 19, the pamphlet explains this is why Alaska re-criminalized cannabis in 1990. Save Our Society From Drugs (SOS) has also stated that decriminalizing cannabis will increase usage among teenagers, citing an increase in Alaskan youth cannabis usage when cannabis was decriminalized. However, cannabis use rose in all states in the 1970s, and the DEA does not say whether or not Alaska started out higher than the national average. Following decriminalization, Alaska youth had lower rates of daily use of cannabis that their peers in the rest of the US.
In 1972, President Richard Nixon
commissioned the National Commission on Marijuana and Drug Abuse to produce an in-depth report on cannabis. The report, entitled "Marijuana: A Signal of Misunderstanding," reviewed existing cannabis studies and concluded that cannabis does not cause physical addiction.
Studies conducted in Oregon, California, and Maine within a few years of decriminialization found little increase in cannabis use, compared to the rest of the country; "The most frequently cited reasons for non-use by respondents was 'not interested,' cited by about 80% of non-users. Only 4% of adults indicated fear of arrest and prosecution or unavailability as factors preventing use."
In 1997, the Connecticut Law Revision Commission examined states that had decriminalized cannabis and found any increase in cannabis usage was less than the increase in states that have not decriminalized cannabis; furthermore, the commission stated "the largest proportionate increase [of cannabis use] occurred in those states with the most severe penalties." The study recommended Connecticut
reduce cannabis possession of 28.35 grams (one ounce) or less for adults age 21 and over to a civil fine.
In 1999, a study by the Division of Neuroscience and Behavioral Health at the Institute of Medicine
entitled "Marijuana and Medicine: Assessing the Science Base," concluded "there is little evidence that decriminalization of marijuana use necessarily leads to a substantial increase in marijuana use."
In 2001, a report by Robert MacCoun and Peter Reuter entitled "Evaluating alternative cannabis regimes," was published in the British Journal of Psychiatry
. The report found there was no available evidence cannabis use would increase if cannabis were decriminalized.
In 2004, a study entitled "The Limited Relevance of Drug Policy: Cannabis in Amsterdam and in San Francisco," found strict laws against cannabis use have a low impact on usage rates.
to decriminalize cannabis. These groups include Law Enforcement Against Prohibition
, Students for Sensible Drug Policy
, The Drug Policy Alliance
, the Marijuana Policy Project
, NORML, Coalition for Rescheduling Cannabis
, and Americans for Safe Access
. There are also many individual American cannabis activists, such as Jack Herer
, Paul Armentano
, Edward Forchion
, Jon Gettman
, Rob Kampia
, and Keith Stroup
; Marc Emery
, a well-known Canadian activist, has supported cannabis activism in the U.S. among other countries by donating money earned from Cannabis Culture magazine
and Emeryseeds.com.
In June 2005, Jeffrey Alan Miron, a libertarian
economist and Visiting Professor of Economics at Harvard University
and more than 530 distinguished economists, including Nobel Prize
-winning economist Milton Friedman
, called for the legalization of cannabis in an open letter to President George W. Bush
, the United States Congress
, Governors, and State Legislatures of the United States. The open letter contained Miron's "Budgetary Implications of Marijuana Prohibition in the United States" report (view report).
In 1997, the Connecticut Law Revision Commission recommended Connecticut
reduce cannabis possession of one ounce or less for adults age 21 and over to a civil fine. In 2001, the New Mexico
state-commissioned Drug Policy Advisory Group stated that decriminalizing cannabis "will result in greater availability of resources to respond to more serious crimes without any increased risks to public safety."
A few places in California
have been advocating cannabis decriminalization.
On November 3, 2004, Oakland
passed Proposition Z, which makes "adult recreational marijuana use, cultivation and sales the lowest [city] law enforcement priority." The proposition states the city of Oakland must advocate to the state of California to adopt laws to regulate and tax cannabis. On November 7, 2006, Santa Cruz
passed Measure K, which made cannabis the lowest priority for city law enforcement. The measure requests the Santa Cruz City Clerk send letters annually to state
and federal
representatives advocating reform of cannabis laws. On June 5, 2007, Mendocino County
Board of Supervisors voted 4-1 to send a letter in support of the legalization, regulation, and taxation of cannabis to state
and federal
legislators, and the President of United States.
Ron Paul
, a Texas Congressman and 2008 Presidential Candidate, stated at a rally in response to a question by a medical cannabis patient that he would "never use the federal government to force the law against anybody using marijuana." In his book, The Revolution: A Manifesto
he writes, "Regardless of where one stands on the broader drug war, we should all be able to agree on the subject of medical marijuana. Here, the use of an otherwise prohibited substance has been found to relieve unbearable suffering in countless patients. How can we fail to support liberty and individual responsibility in such a clear cut case? What harm does it do to anyone else to allow fellow human beings in pain to find the relief they need?" He is also the cosponsor of the Personal Use of Marijuana by Responsible Adults Act of 2008
.
Mike Gravel
, a former U.S. senator
from Alaska and 2008 presidential candidate
, responded to a caller on a CSPAN program asking about cannabis and the drug war, he stated "That one is real simple, I would legalize marijuana. You should be able to buy that at a liquor store."
Dennis Kucinich
, a U.S. representative
from Ohio
and 2008 presidential candidate, has been an advocate of cannabis legalization. During Kucinich's 2004 presidential campaign, the following was posted on Kucinich's official campaign web site.
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
in the United States began in the 1970s. Several jurisdictions have subsequently decriminalized
Decriminalization
Decriminalization or Decriminalisation is the abolition of criminal penalties in relation to certain acts, perhaps retroactively, though perhaps regulated permits or fines might still apply . The reverse process is criminalization.Decriminalization reflects changing social and moral views...
cannabis (also referred to as marijuana or marihuana) for non-medical
Medical cannabis
Medical cannabis refers to the use of parts of the herb cannabis as a physician-recommended form of medicine or herbal therapy, or to synthetic forms of specific cannabinoids such as THC as a physician-recommended form of medicine...
purposes, as views on cannabis have liberalized, peaking in 1978. The decriminalization movement supports efforts ranging from reducing penalties for cannabis-related offenses to removing all penalties related to cannabis, including sale and cultivation. Proponents of cannabis decriminalization argue that a substantial amount of law-enforcement resources would be freed, which could be used to prevent more serious crimes, and would reduce income earned by street gangs and organized crime who sell or traffic cannabis. Opponents argue that cannabis on street level today has a much higher percent of THC
THC
THC commonly refers to tetrahydrocannabinol, the main active chemical compound in Cannabis.THC may also refer to:* Tan Holdings Corporation...
with a stronger drug effect and that decriminalization will lead to increased crime, increased cannabis usage, and subsequent abuse of other illicit drugs. Gonzales v. Raich
Gonzales v. Raich
Gonzales v. Raich , 545 U.S. 1 , was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal...
, 2005 ruled in a 6-3 decision that the Commerce Clause of the United States Constitution allowed the federal government to ban the use of cannabis, including medical use.
History
Multiple statesU.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, counties
County (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
, and cities have decriminalized cannabis. Most places that have decriminalized cannabis have civil fines
Civil penalty
A civil penalty or civil fine is a term used to describe when a state entity, government agency, or private party seeks monetary relief against an individual as restitution for wrongdoing by the individual. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees...
, drug education, or drug treatment in place of incarceration
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
and/or criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
charges for possession of small amounts of cannabis, or have made various cannabis offenses the lowest priority for law enforcement
Policing in the United States
Law enforcement in the United States is one of three major components of the criminal justice system of the United States, along with courts and corrections. Although there exists an inherent interrelatedness between the different groups that make up the criminal justice system based on their...
. A few places, particularly in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, have removed almost all legal penalties for marijuana possession, including personal cultivation with a prescription from a licensed physician.
After the 1960s, an era characterized by widespread use of cannabis
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
as a recreational drug, a wave of legislation in United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
sought to reduce the penalties for the simple possession of cannabis, making it punishable by confiscation
Confiscation
Confiscation, from the Latin confiscatio 'joining to the fiscus, i.e. transfer to the treasury' is a legal seizure without compensation by a government or other public authority...
and a fine rather than imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
or more severe charges.
In 1972, President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
commissioned a study on cannabis use from the National Commission on Marijuana and Drug Abuse. The Commission found that the constitutionality of cannabis prohibition was suspect, and that the executive and legislative branches had a responsibility to obey the Constitution, even in the absence of a court ruling to do so. The Nixon administration did not implement the study's recommendations. However, the report has frequently been cited by individuals supporting removal of cannabis from Schedule I of the Controlled Substances Act.
In 1973, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
became the first state to decriminalize cannabis possession. By 1978 Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, and Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
had some form of cannabis decriminalization. Certain cities and counties, particularly in California, have adopted laws to further decriminalize cannabis.
In 1974, A Senate Internal Security Subcommittee, chaired by Sen. James O. Eastland
James Eastland
James Oliver Eastland was an American politician from Mississippi who briefly served in the United States Senate as a Democrat in 1941; and again from 1943 until his resignation December 27, 1978. From 1947 to 1978, he served alongside John Stennis, also a Democrat...
on The Marihuana-hashish epidemic and its impact on United States security state that evidence accumulated by scientific researchers on cannabis had turned dramatically against this drug.
Attempts to decriminalize cannabis
In recent history, there have been multiple unsuccessful attempts to decriminalize cannabis:In 1974 Dr Robert DuPont, the White House drug czar, began to publicly support decriminalization of cannabis, seeing cannabis as a health problem. But when DuPont left government he changed his mind and declared that "decriminalization is a bad idea". Robert DuPont is still an active proponent to decriminalization of cannabis.
Alaska
On November 7, 2000, voters in AlaskaAlaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
rejected Measure 5 by 60–40 percent. Measure 5 would have removed civil and criminal penalties for use of cannabis or other hemp products by adults age 18 and older and would have regulated the sale of cannabis similar to the sale of alcoholic beverages.
On November 2, 2004, voters in Alaska rejected Measure 2 by 56–44 percent. Measure 2 would have prompted the state legislature to tax and regulate cannabis, and would have removed criminal penalties for cannabis use by adults aged 21 and older.
Arizona
In November 2010, Arizona voters accepted Proposition 203Arizona Proposition 203 (2010)
Proposition 203, or the Arizona Medical Marijuana Act, was a Arizona ballot measure to legalize the use of medical marijuana. Proposition 203 passed by a narrow margin, with 50.13% of the vote.-Background:...
, with 50.13% in support.
In January 2011, Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
first-year Arizona legislator John Fillmore introduced House Bill 2228. This bill would decriminalize marijuana possession of 2 ounces or less to a petty offense with a penalty of no more than a $100 fine, similar to the laws in Colorado, California, etc.
California
In 1972, Proposition 19 was introduced, which would have legalized cannabis statewide; it was rejected by 66% of the voters. The initiative read as follows:On January 1, 1975, Senate Bill 95 made possession under one ounce of cannabis for non-medical use punishable by a $100 fine; stricter punishments exist for amounts exceeding an ounce, possession on school grounds, or subsequent violations or for sale or cultivation. If the offender is under the age of 21, his or her driver's license may be suspended for up to one year.
In Mendocino County, voters in 2000 approved Measure G, which called for the decriminalization of marijuana
Decriminalization of marijuana
Decriminalization of marijuana could refer to:* Legality of cannabis* Medical cannabis* Cannabis rescheduling* Cannabis reform at the international levelIn the United States:* Decriminalization of non-medical cannabis in the United States...
when used and cultivated for personal use. Measure G passed with a 58 percent majority vote, making it the first county in the United States to declare prosecution of small-scale marijuana offenses the "lowest priority" for local law enforcement. Measure G does not protect individuals who cultivate, transport or possess marijuana for sale. However, Measure G was passed at the local government level affecting only Mendocino County, and therefore does not affect existing state or federal laws. The city of Berkeley
Berkeley, California
Berkeley is a city on the east shore of the San Francisco Bay in Northern California, United States. Its neighbors to the south are the cities of Oakland and Emeryville. To the north is the city of Albany and the unincorporated community of Kensington...
has had a similar law since 1979 which has generally been found to be unenforceable.
On June 3, 2008, the Mendocino County Board of Supervisors placed Measure B on a county-wide ballot. Voters narrowly approved "B", which repealed most of the provisions of 2000's Measure G. On July 3, 2008, the Sheriff and District Attorneys offices announced that they would not be enforcing the new regulations for the time being, citing pending legal challenges and conflicts with existing state law.
On September 30, 2010, California Gov. Arnold Schwarzenegger signed into law S.B. 1449, a bill that decriminalizes the possession of up to one ounce of marijuana. The bill reduces simple possession from a misdemeanor to an infraction. This would eliminate the need to appear in front of a court and would treat possession of less than 28.5 grams like a traffic ticket, punishable by $100.
In 2010, Proposition 19
California Proposition 19 (2010)
California Proposition 19 was a ballot initiative on the November 2, 2010 statewide ballot...
, titled the "Regulate, Control, and Tax Cannabis Act of 2010", qualified for the November California ballot
California state elections, November 2010
The California state elections, November 2010 were held on November 2, 2010.On a year marked by a strong Republican wave nationwide, the State of California elected Democrats to the state's top offices of Governor, Lieutenant Governor, State Controller, State Treasurer, Superintendent of Public...
. It was rejected by 54% of the voters. This initiative would have legalized the recreational use of cannabis and its related activities in the State of California. It also would have allowed local governments to regulate and tax the newly created cannabis market.
Colorado
In Colorado in 2006, Amendment 44Colorado Amendment 44 (2006)
Amendment 44 was a proposed amendment to the state statutes submitted for referendum in the 2006 general elections in the U.S. state of Colorado. The amendment proposed the legalization of the possession of one ounce or less of marijuana for any person twenty-one years of age and over, as long as...
would have legalized possession of 28.45 grams (approximately one ounce) or less by adults age 21 and older, but the amendment was rejected by 60-40 percent.
The cities of Breckenridge and Denver have passed measures to make possession of up to one ounce of marijuana legal, although this is still a crime under state law. For more info see Safer Alternative for Enjoyable Recreation
Safer Alternative for Enjoyable Recreation
Safer Alternative For Enjoyable Recreation is a non-profit organization based in Denver, Colorado. The SAFER campaign was initially launched in Colorado on the campuses of the University of Colorado at Boulder and Colorado State University in response to the alcohol overdose deaths of CSU...
.
Maryland
In 2011, a bill to decriminalize marijuana in MarylandMaryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
was introduced by Delegate Curt Anderson
Curt Anderson
Curtis Stovall Anderson is an American politician, lawyer and former broadcast journalist. Anderson was first elected to the Maryland House of Delegates in 1983, is the chairman of the Baltimore City Delegation, and past chairman of the Legislative Black Caucus of Maryland. After serving 12...
, a Democrat from Baltimore
Baltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
. Under his bill, House Bill 606, the possession of less than 28.5 grams of marijuana would be considered a civil offense and subject to a $100.00 fine rather than the criminal penalty of up to a year in jail and a $1,000.00 fine that exists in state law. Although House Bill 606 had 19 co-sponsors and a well attended public hearing before the House Judiciary committee in Fedruary, 2011; the chairman of that committee never placed the bill on a voting list and the bill died in committee as the legislature adjourned its 2011 session in April.
Massachusetts
On November 4, 2008, 65% of MassachusettsMassachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
voters voted 'yes' on ballot question 2 known as the Massachusetts Sensible Marijuana Policy Initiative
Massachusetts Sensible Marijuana Policy Initiative
The Sensible Marijuana Policy Initiative, also known as Massachusetts Ballot Question 2, was an initiated state statute that replaced prior criminal penalties with new civil penalties on adults possessing an ounce or less of marijuana. The initiative appeared on the November 4, 2008 ballot in...
, which became law on January 2, 2009, reduced the penalty for possession of an ounce or less of cannabis from the previous misdemeanor punishable by up to 6 months in jail and $500 fine to a civil infraction and a fine of $100, as well as prevent the inclusion of the citation into the CORI
Criminal Offender Record Information
Criminal Offender Record Information is a record of all criminal court appearances in Massachusetts for a particular individual, including arrests, convictions, dismissals, and serious violations...
criminal records database which is used by law enforcement and employers to conduct background checks and jeopardizes the person's ability to obtain jobs, housing, and school loans. It also requires people under the age of 18 to have their parents notified and do community service, as well as receive drug awareness counseling or have the fine increased to $1000.
House Bill 2929 and Senate Bill 1801 were introduced in January 2009 which seek to legalize and tax the cannabis industry.
Michigan
Ann Arbor, MichiganAnn Arbor, Michigan
Ann Arbor is a city in the U.S. state of Michigan and the county seat of Washtenaw County. The 2010 census places the population at 113,934, making it the sixth largest city in Michigan. The Ann Arbor Metropolitan Statistical Area had a population of 344,791 as of 2010...
, due to referenda and ordinances, makes possession of small amounts of cannabis a civil infraction, subject to a fine, rather than a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
or felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. More stringent state laws are enforced on the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
campus in Ann Arbor. In 2009 the Michigan Medical Marijuana act was passed giving Michiganders similar rights to own and cultivate the plant for medical purposes. (See Cannabis laws in Ann Arbor, Michigan).
Nevada
On November 5, 2002, voters in NevadaNevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
rejected Question 9 by 61-39 percent. Question 9 would have legalized possession of cannabis under 85.5 grams (3 ounces) by adults age 21 and older and would allow cannabis to be regulated, cultivated, sold and taxed. Question 9 would have also made low cost cannabis available for medical cannabis patients and would have created laws against "driving dangerously" under the influence of cannabis.
On November 7, 2006, voters in Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
and Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
rejected propositions that would have legalized possession of up to 28.45 grams (one ounce) of cannabis. In Nevada, Question 7 would have allowed adults 21 and older to purchase cannabis from government-regulated shops and possession of 28.45 grams or less in a private home would have been legalized, but the Question was rejected by 56-44 percent.
New Hampshire
On May 1, 2008, the New HampshireNew Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
Senate voted down a bill that would have reduced the penalty for the possession up to a quarter-ounce of cannabis from a misdemeanor to a violation punishable by a fine of no more than $200. This bill had previously passed the N.H. State House of Representatives and had the support of the majority of polled voters.
Oregon
In 1973, OregonOregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
became the first state to decriminalize cannabis. Possession of 28.45 grams (1 ounce) or less is punishable by a $500 to $1,000 fine; stricter punishments exist for sale or cultivation. In 1986, Oregon's Ballot Measure 5 sought to legalize cannabis, but it was rejected by 74% of the voters.
Washington
A bill that has already passed both chambers of the legislature became blocked after those in the Obama Administration threatened to use federal power to crack down on growers, sellers, landlords and even state employees who license the operations related to marijuana production and Gregoire responded that she could not sign the law but pledged to work with lawmakers on a new proposal. In July of 2011 New Approach Washington filed Initiative 502Washington Initiative 502 (2011)
Washington Initiative 502 "on marijuana reform" is an initiative to the legislature, submitted to the Washington state Secretary of State during the summer of 2011. It must gather 241,153 verified signatures by December, to be approved by the Washington State Legislature in their 2012 session or...
to legalize, tax and regulate marijuana under the authority of the Washington State Liquor Control Board
Washington State Liquor Control Board
The Washington State Liquor Control Board is an administrative agency of the State of Washington. The Liquor Control Board is part of the executive branch and reports to the Governor. The Board holds a monopoly on the distribution of hard liquor because Washington is a control state...
.
Federal
The Personal Use of Marijuana by Responsible Adults Act of 2008Personal Use of Marijuana by Responsible Adults Act of 2008
The Personal Use of Marijuana by Responsible Adults Act of 2008 was a bill in the United States House of Representatives introduced by Barney Frank in the 110th congress on April 17, 2008 as . The bill had a total of 8 cosponsers...
was introduced in the 110th United States Congress
110th United States Congress
The One Hundred Tenth United States Congress was the meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the second term of President George W. Bush. It was composed of the Senate and the House of...
and represents the first attempt to decriminalize possession of small amounts of cannabis at the federal level to be introduced in many decades. The bill was reintroduced in the 111th United States Congress
111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...
as the Personal Use of Marijuana by Responsible Adults Act of 2009
Personal Use of Marijuana by Responsible Adults Act of 2009
The Personal Use of Marijuana by Responsible Adults Act of 2009 is a bill in the United States House of Representatives introduced by Barney Frank on June 18, 2009 as . Its passage would eliminate federal criminal penalties for possession of up to and nonprofit transfer of up to an ounce of...
.
Arguments in support
In 1972, President Richard NixonRichard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
commissioned the National Commission on Marijuana and Drug Abuse to produce an in-depth report on cannabis. The report, "Marijuana: A Signal of Misunderstanding," found cannabis prohibition constitutionally suspect and stated regardless of whether the courts would overturn prohibition of cannabis possession, the executive and legislative branches have a duty to obey the Constitution.
"It’s a matter of individual freedom of choice,” said ACLU President Nadine Strossen
Nadine Strossen
Nadine Strossen was president of the American Civil Liberties Union from February 1991 to October 2008. She was the first woman and the youngest person to ever lead the ACLU. A professor at New York Law School, Professor Strossen sits on the Council on Foreign Relations...
in an interview. "Does that mean they should do it? Not necessarily, not any more than somebody should smoke or drink or eat McDonald’s hamburgers."
Economics
Many proponents of cannabis decriminalization have argued partially decriminalizing cannabis would largely reduce costs of maintaining the criminal justice and law enforcement systems, while legalizing cannabis to allow the cultivation and sale would generate a substantial amount of income from taxing cannabis sales. Other arguments assert that the funds saved from cannabis decriminalization could be used to enforce laws for other, more serious and violent crimes.In 1988, Michael Aldrich and Tod Mikuriya published "Savings in California Marijuana Law Enforcement Costs Attributable to the Moscone Act of 1976" in the Journal of Psychoactive Drugs
Journal of Psychoactive Drugs
The Journal of Psychoactive Drugs was founded in 1967 by David E Smith, founder of the Haight Ashbury Free Clinic. It is an authoritative peer-reviewed quarterly periodical containing timely information of a multidisciplinary nature for clinicians and other professionals in the drug abuse field as...
. The study estimated California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
saved almost one billion dollars in a twelve-year period between 1976 and 1988, as a result of the Moscone Act of 1976 that decriminalized cannabis.
In 2003, the Office of National Drug Control Policy
Office of National Drug Control Policy
The White House Office of National Drug Control Policy , a former cabinet level component of the Executive Office of the President of the United States, was established in 1989 by the Anti-Drug Abuse Act of 1988...
(ONDCP) published "Economic Costs of Drug Abuse," which stated without separately analyzing cannabis related costs, the United States was spending $12.1 billion on law enforcement and court costs, and $16.9 billion in corrections costs, totaling $29 billion.
In his report entitled, “The Budgetary Implications of Marijuana Prohibition,” Jeffery Alan Miron explores the cost of this policy as well as the potential revenue it poses if the policy of prohibition is replaced with a system of legalization. In order to obtain an accurate estimate of the money involved in this policy, Miron used the latest Census information (2000) and state budget reports. According to his calculations, “legalizing marijuana would save $7.7 billion per year in government expenditure on enforcement of prohibition. $5.3 billion of these savings would accrue to state and local governments, while $2.4 billion would accrue to the federal government”. In addition to these savings, according to Miron, “Marijuana legalization would yield tax revenue of $2.4 billion annually if marijuana were taxed like all other goods and $6.2 billion annually if marijuana were taxed at rates comparable to those on alcohol and tobacco” See projected marijuana tax revenues by state.
In 2004, Scott Bates of the Boreal Economic Analysis & Research center prepared a study for Alaskans for Rights & Revenues entitled "The Economic Implications of Marijuana Legalization in Alaska." The study estimated the Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
n government was spending $25–30 million per year enforcing cannabis prohibition laws. The study found if the purchase of cannabis were to be taxed as a legal commodity, tax revenues would increase by about $10–20 million per year, making $35–50 million per year in funds available.
In 2006, a study by Jon Gettman
Jon Gettman
Jon B. Gettman is a marijuana reform activist, a leader of the Coalition for Rescheduling Cannabis, and a former head of the National Organization for the Reform of Marijuana Laws. He has a PhD in public policy and regional economic development from George Mason University and is a longtime...
entitled "Marijuana Production in the United States" was published in The Bulletin of Cannabis Reform. The report states cannabis is the top cash crop in 12 states, is one of the top three cash crops in 30 states, and is one of the top five cash crops in 39 states. Gettman estimated the value of U.S. cannabis production at $35.8 billion, which is more than the combined value of corn and wheat. Furthermore, the report states according to federal estimates, eradication efforts have failed to prevent the spread of cannabis production, as cannabis production has increased tenfold in the past 25 years.
In 2006, the United Nations Office on Drugs and Crime
United Nations Office on Drugs and Crime
The United Nations Office on Drugs and Crime is a United Nations agency that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program and the Crime Prevention and Criminal Justice Division in the United Nations...
released the 2006 World Drug Report, which stated the North America
North America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...
n cannabis market is estimated to be worth anywhere from $10 billion to $60 billion annually. That same study also indicated that the mountainous regions in Appalachia, and the rural areas of the West Coast are ideal for growing marijuana. Allowing farmers there to grow marijuana openly would both provide jobs and reduce the need for expensive federal welfare payments to those areas, which are disproportionately dependent on welfare.
In 2006, a study by the University of California, Los Angeles
University of California, Los Angeles
The University of California, Los Angeles is a public research university located in the Westwood neighborhood of Los Angeles, California, USA. It was founded in 1919 as the "Southern Branch" of the University of California and is the second oldest of the ten campuses...
found California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
has saved $2.50 for every dollar invested into Proposition 36
California Proposition 36 (2000)
California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, was an initiative statute that permanently changed state law to allow qualifying defendants convicted of non-violent drug possession offenses to receive a probationary sentence in lieu of incarceration...
, which decriminalized cannabis and other drug possession charges by allowing out patient treatment programs instead of incarceration. In the first year the proposition was enacted (2001), California reportedly saved $173 million, which is likely a result of fewer drug offenders in prison. In the five years after the program was enacted, 8,700 fewer people are in prison for drug offenses.
Since cannabis is illegal in the United States, this policy has led to penalties for simple use and possession. Despite these penalties, users continue to find themselves in trouble with the law. The Connecticut Law Revision Commission made the following evaluation:
"(1) the costs of arresting and prosecuting marijuana offenders were significantly lower in states that had done away with criminal penalties for possessing small amounts; (2) there was a greater increase in marijuana use in states that continue to treat possession as crime than in states that treated it as a civil offense; (3) easing the penalties for marijuana did not lead to a substantial increase in the use of either alcohol or hard drugs."
Reduction of income earned by organized crime
The Drug Enforcement Agency has reported that cannabis sales and trafficking support violent criminal gangs. Proponents of fully decriminalizing cannabis to allow the regulated cultivation and sale of cannabis, including Law Enforcement Against ProhibitionLaw Enforcement Against Prohibition
Law Enforcement Against Prohibition is a non-profit, international, educational organization comprising former and current police officers, government agents and other law enforcement agents who oppose the current War on Drugs. LEAP was founded on March 16, 2002...
, argue that fully decriminalizing cannabis would largely decrease financial gains earned by gangs in black market cannabis sales and trafficking.
Reduction of subsequent abuse of other illicit drugs
The Marijuana Policy Project argues that:Health effects of Marijuana
Cannabis has been subject to many studies over the past century. Modern scientific thinking acknowledges that cannabis can cause real, permanent harm, but also that the harm is less than many other drugs, including legal ones. Psychopharmacologist David Nutt
David Nutt
David John Nutt is a British psychiatrist and neuropsychopharmacologist specialising in the research of drugs that affect the brain and conditions such as addiction, anxiety and sleep. He was until 2009 a professor at the University of Bristol heading their Psychopharmacology Unit...
argues, though he is against full declassification, that the harm caused by cannabis is far less than that caused by alcohol or tobacco, which, if they were invented today "would be illegal."
Reduction in prison overcrowding and strain on the Criminal Justice System
Supporters of decriminalization argue that if marijuana were to be legalized it would reduce the amount of non violent offenders in prison making room for the incarceration of more violent offenders as well as easing the current strain that the large amount of marijuana possession cases have on the criminal justice system. They also propose that it would also save taxpayers the cost of incarceration for these non violent offenders.Subsequent abuse of other illicit drugs
In 1985, Gabriel G. NahasGabriel G. Nahas
Gabriel G. Nahas of Columbia University and later New York University, born 1920, is a retired anesthesiologist and former active member of the French Resistance who conducted numerous studies on illicit drugs...
published Keep Off the Grass, which stated that "[the] biochemical changes induced by marijuana in the brain result in drug-seeking, drug taking behavior, which in many instances will lead the user to experiment with other pleasurable substances. The risk of progression from marijuana to cocaine to heroin is now well documented."
In 1995, Partnership for a Drug-Free America with support from The National Institute on Drug Abuse
National Institute on Drug Abuse
The National Institute on Drug Abuse is a United States federal-government research institute whose mission is to "lead the Nation in bringing the power of science to bear on drug abuse and addiction."-History:...
(NIDA) and the White House Office of Drug Control Policy launched a campaign against cannabis use citing a Center on Addiction and Substance Abuse
Center on Addiction and Substance Abuse
The National Center on Addiction and Substance Abuse at Columbia University was established in 1992 by Joseph A. Califano, Jr. The stated official goals of the organization are:...
(CASA) report, which claimed that cannabis users are 85 times more likely than non-cannabis users to try cocaine. However, an article published in The Activist Guide by John Morgan and Lynn Zimmer entitled "Marijuana's Gateway Myth," claims CASA's statistic is false. The article states:
Multiple opponents of cannabis decriminalization have claimed increased cannabis use results in increased abuse of other illicit drugs. However, multiple studies have found no evidence of a correlation between cannabis use and the subsequent abuse of other illicit drugs.
In 1997, the Connecticut Law Revision Commission examined states that had decriminalized cannabis and found decriminalizing small amounts of cannabis has no effect on subsequent use of alcohol or "harder" illicit drugs. The study recommended Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
reduce cannabis possession of one ounce or less for adults age 21 and over to a civil fine.
In 1999, a study by the Division of Neuroscience and Behavioral Health at the Institute of Medicine
Institute of Medicine
The Institute of Medicine is a not-for-profit, non-governmental American organization founded in 1970, under the congressional charter of the National Academy of Sciences...
entitled "Marijuana and Medicine: Assessing the Science Base," found no evidence of a link between cannabis use and the subsequent abuse of other illicit drugs on the basis of its particular physiological effect.
In December 2002, a study by RAND
RAND
RAND Corporation is a nonprofit global policy think tank first formed to offer research and analysis to the United States armed forces by Douglas Aircraft Company. It is currently financed by the U.S. government and private endowment, corporations including the healthcare industry, universities...
investigating whether cannabis use results in the subsequent use of cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
and heroin was published in the British Journal of Addiction. The researchers created a mathematical model simulating adolescent drug use. National rates of cannabis and hard drug use in the model matched survey data collected from representative samples of youths from across the United States; the model produced patterns of drug use and abuse. The study stated:
The people who are predisposed to use drugs and have the opportunity to use drugs are more likely than others to use both marijuana and harder drugs ... Marijuana typically comes first because it is more available. Once we incorporated these facts into our mathematical model of adolescent drug use, we could explain all of the drug use associations that have been cited as evidence of marijuana's gateway effect ... We've shown that the marijuana gateway effect is not the best explanation for the link between marijuana use and the use of harder drugs.
In 2004, a study by Craig Reinarman, Peter D. A. Cohen, and Hendrien L. Kaal entitled "The Limited Relevance of Drug Policy: Cannabis in Amsterdam and in San Francisco," was published in the American Journal of Public Health
American Journal of Public Health
The American Journal of Public Health is a monthly peer-reviewed medical journal published by the American Public Health Association covering health policy and public health. The journal was established in 1911 and its stated mission is "to advance public health research, policy, practice, and...
. The study found no evidence that the decriminalization of cannabis leads to subsequent abuse of other illicit drugs. The study also found the mean age at onset of cannabis use and the mean age of cannabis users are both higher in Amsterdam than in San Francisco.
In 2006, the Karolinska Institute in Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
used twelve rats to examine how adolescent use of cannabis affects subsequent abuse of other illicit drugs. The study gave six of the twelve "teenage" rats a small dose of THC
Tetrahydrocannabinol
Tetrahydrocannabinol , also known as delta-9-tetrahydrocannabinol , Δ1-THC , or dronabinol, is the main chemical psychoactive substance found in the cannabis plant. It was first isolated in 1964. In pure form, it is a glassy solid when cold, and becomes viscous and sticky if warmed...
, reportedly equivalent to one joint smoked by a human, every three days. The rats were allowed to administer heroin by pushing a lever and the study found the rats given THC took larger doses of heroin. The institute examined the brain cells in the rats and found THC alters the opioid system that is associated with positive emotions, which lessens the effects of opiate
Opiate
In medicine, the term opiate describes any of the narcotic opioid alkaloids found as natural products in the opium poppy plant.-Overview:Opiates are so named because they are constituents or derivatives of constituents found in opium, which is processed from the latex sap of the opium poppy,...
s on rat's brain and thus causes them to use more heroin. Paul Armentano, policy analyst for NORML
National Organization for the Reform of Marijuana Laws (United States)
The National Organization for the Reform of Marijuana Laws is an American non-profit organization based in Washington, DC whose aim is to move public opinion sufficiently to achieve the legalization of non-medical marijuana in the United States so that the responsible use of cannabis by adults is...
, claimed because the rats were given THC at the young age of 28 days, it is impossible to extrapolate the results of this study to humans.
In December 2006, a 12 year gateway drug hypothesis study on 214 boys from ages 10–12 by the American Psychiatric Association
American Psychiatric Association
The American Psychiatric Association is the main professional organization of psychiatrists and trainee psychiatrists in the United States, and the most influential worldwide. Its some 38,000 members are mainly American but some are international...
was published in the American Journal of Psychiatry
American Journal of Psychiatry
The American Journal of Psychiatry is a monthly peer-reviewed medical journal covering all aspects of psychiatry and the official journal of the American Psychiatric Association. The first volume was issued in 1844, at which time it was known as the American Journal of Insanity...
. The study concluded adolescents who used cannabis prior to using other drugs, including alcohol and tobacco, were no more likely to develop a substance abuse disorder than subjects in the study who did not use cannabis prior to using other drugs.
In September 2010, a study from the University of New Hampshire
University of New Hampshire
The University of New Hampshire is a public university in the University System of New Hampshire , United States. The main campus is in Durham, New Hampshire. An additional campus is located in Manchester. With over 15,000 students, UNH is the largest university in New Hampshire. The university is...
examined survey data from 1,286 young adults who had attended Miami-Dade County Public Schools
Miami-Dade County Public Schools
Miami-Dade County Public Schools is a public school district serving Miami-Dade County, Florida. Founded in 1885, it is the largest school district in Florida and the Southeastern United States, and the fourth largest in the United States, with a student enrollment of 380,006 as of July 5, 2010...
in the 1990s and found the association between teenage marijuana use and other illicit drug abuse by young adults was significantly diminished after controlling for other factors, such as unemployment. They found that after young adults reach age 21, the gateway effect subsides entirely.
Increased crime
The Drug Enforcement AdministrationDrug Enforcement Administration
The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
(DEA) has claimed that cannabis leads to increased crime in the un-sourced pamphlet entitled "Speaking Out Against Drug Legalization."
Studies have found no evidence of a link between cannabis usage and an increase in crime, but rather have found cannabis may decrease criminal behavior when under the influence.
In 1973, a report by the National Commission on Marijuana and Drug Abuse entitled "Marijuana: A Signal of Misunderstanding" found marijuana does not cause violent or aggressive behavior, but rather "marijuana was usually found to inhibit the expression of aggressive impulses by pacifying the user, interfering with muscular coordination, reducing psychomotor activities and generally producing states of drowsiness lethargy, timidity and passivity."
In 2001, a report by David Boyum and Mark Kleiman entitled "Substance Abuse Policy from a Crime-Control Perspective" found the "high" from cannabis is unlikely to trigger violence and concluded:
In 2004, a study by Scott Bates from the Boreal Economic Analysis & Research center entitled "The Economic Implications of Marijuana Legalization in Alaska," was prepared for Alaskans for Rights & Revenues. The study found there was no link between cannabis use and criminal behavior.
Increased cannabis usage
The Drug Enforcement AdministrationDrug Enforcement Administration
The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
(DEA) has claimed that cannabis decriminalization will lead to increased cannabis use and addiction in the un-sourced pamphlet entitled "Speaking Out Against Drug Legalization". The pamphlet states in 1979, after 11 states decriminalized private cannabis use, cannabis use among 12th grade students was almost 51 percent and in 1992, when stricter cannabis laws were put in place, the usage rate reduced to 22 percent. The pamphlet also states that when Alaska decriminalized cannabis in 1975, the cannabis use rate among youth eventually rose to twice the national average youth usage rate nationwide; even though the law did not apply to anyone under the age of 19, the pamphlet explains this is why Alaska re-criminalized cannabis in 1990. Save Our Society From Drugs (SOS) has also stated that decriminalizing cannabis will increase usage among teenagers, citing an increase in Alaskan youth cannabis usage when cannabis was decriminalized. However, cannabis use rose in all states in the 1970s, and the DEA does not say whether or not Alaska started out higher than the national average. Following decriminalization, Alaska youth had lower rates of daily use of cannabis that their peers in the rest of the US.
In 1972, President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
commissioned the National Commission on Marijuana and Drug Abuse to produce an in-depth report on cannabis. The report, entitled "Marijuana: A Signal of Misunderstanding," reviewed existing cannabis studies and concluded that cannabis does not cause physical addiction.
Studies conducted in Oregon, California, and Maine within a few years of decriminialization found little increase in cannabis use, compared to the rest of the country; "The most frequently cited reasons for non-use by respondents was 'not interested,' cited by about 80% of non-users. Only 4% of adults indicated fear of arrest and prosecution or unavailability as factors preventing use."
In 1997, the Connecticut Law Revision Commission examined states that had decriminalized cannabis and found any increase in cannabis usage was less than the increase in states that have not decriminalized cannabis; furthermore, the commission stated "the largest proportionate increase [of cannabis use] occurred in those states with the most severe penalties." The study recommended Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
reduce cannabis possession of 28.35 grams (one ounce) or less for adults age 21 and over to a civil fine.
In 1999, a study by the Division of Neuroscience and Behavioral Health at the Institute of Medicine
Institute of Medicine
The Institute of Medicine is a not-for-profit, non-governmental American organization founded in 1970, under the congressional charter of the National Academy of Sciences...
entitled "Marijuana and Medicine: Assessing the Science Base," concluded "there is little evidence that decriminalization of marijuana use necessarily leads to a substantial increase in marijuana use."
In 2001, a report by Robert MacCoun and Peter Reuter entitled "Evaluating alternative cannabis regimes," was published in the British Journal of Psychiatry
British Journal of Psychiatry
The British Journal of Psychiatry is a peer-reviewed medical journal published monthly by the Royal College of Psychiatrists containing original research, systematic reviews, commentaries on contentious articles, short reports, a comprehensive book review section, and a correspondence column...
. The report found there was no available evidence cannabis use would increase if cannabis were decriminalized.
In 2004, a study entitled "The Limited Relevance of Drug Policy: Cannabis in Amsterdam and in San Francisco," found strict laws against cannabis use have a low impact on usage rates.
Advocacy
Several U.S.-based advocate groups seek to modify the drug policy of the United StatesDrug policy of the United States
Drug use has increased in all categories since prohibition except that opium use is at a fraction of its peak level. The big decline in use of opium started already after the Harrison Act of 1914. Use of heroin peaked between 1969 and 1971, cocaine, between 1987 and 1989 and marijuana between 1978...
to decriminalize cannabis. These groups include Law Enforcement Against Prohibition
Law Enforcement Against Prohibition
Law Enforcement Against Prohibition is a non-profit, international, educational organization comprising former and current police officers, government agents and other law enforcement agents who oppose the current War on Drugs. LEAP was founded on March 16, 2002...
, Students for Sensible Drug Policy
Students for Sensible Drug Policy
Students for Sensible Drug Policy is an international non-profit advocacy and education organization based in Washington D.C., with offices in both Washington D.C. and San Francisco, CA...
, The Drug Policy Alliance
Drug Policy Alliance
The Drug Policy Alliance is a New York City-based non-profit organization, led by executive director Ethan Nadelmann, with the principal goal of ending the American "War on Drugs"...
, the Marijuana Policy Project
Marijuana Policy Project
The Marijuana Policy Project, or MPP, is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff...
, NORML, Coalition for Rescheduling Cannabis
Coalition for Rescheduling Cannabis
The Coalition for Rescheduling Cannabis is a U.S. organization founded circa 2002 to support removal of marijuana from Schedule I of the Controlled Substances Act. The group was organized immediately after the U.S...
, and Americans for Safe Access
Americans for Safe Access
Americans for Safe Access is based in Oakland, California and is the largest member-based organization of patients, medical professionals, scientists and concerned citizens working to ensure safe and legal access to cannabis for therapeutic uses and research...
. There are also many individual American cannabis activists, such as Jack Herer
Jack Herer
Jack Herer was an American cannabis activist and the author of The Emperor Wears No Clothes, a book which has been used in efforts to decriminalize cannabis.-Biography:...
, Paul Armentano
Paul Armentano
Paul Armentano is the Deputy Director of and the NORML Foundation. Mr. Armentano is an expert in the field of marijuana policy, health, and pharmacology, and has served as a consultant for Health Canada and the Canadian Public Health Association...
, Edward Forchion
Edward Forchion
Robert Edward Forchion, born July 23, 1964, and also known as NJWEEDMAN, is a cannabis activist and a perennial candidate for various New Jersey elected offices. He is a resident of the Browns Mills section of Pemberton Township, New Jersey....
, Jon Gettman
Jon Gettman
Jon B. Gettman is a marijuana reform activist, a leader of the Coalition for Rescheduling Cannabis, and a former head of the National Organization for the Reform of Marijuana Laws. He has a PhD in public policy and regional economic development from George Mason University and is a longtime...
, Rob Kampia
Rob Kampia
Rob Kampia is co-founder and executive director of the Marijuana Policy Project, the largest 501 nonprofit organization in the U.S. that is solely dedicated to ending cannabis prohibition.-Formative years:...
, and Keith Stroup
Keith Stroup
Keith Stroup is an attorney and founder of the National Organization for the Reform of Marijuana Laws. After graduating from the University of Illinois in 1965, he enrolled in Georgetown Law School and worked in the office of Illinois Senator Everett Dirksen...
; Marc Emery
Marc Emery
Marc Scott Emery is a Canadian cannabis policy reform advocate, as well as a former cannabis seed seller. He is currently serving a five year sentence in a United States federal prison for selling cannabis seeds....
, a well-known Canadian activist, has supported cannabis activism in the U.S. among other countries by donating money earned from Cannabis Culture magazine
Cannabis Culture Magazine
Cannabis Culture is a Canadian magazine and online magazine devoted to cannabis and the worldwide cannabis culture. Cannabis Culture publishes stories about the struggle to legalize marijuana, profiles of marijuana paraphernalia, articles on how to grow marijuana, interviews with prominent...
and Emeryseeds.com.
In June 2005, Jeffrey Alan Miron, a libertarian
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
economist and Visiting Professor of Economics at Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
and more than 530 distinguished economists, including Nobel Prize
Nobel Prize
The Nobel Prizes are annual international awards bestowed by Scandinavian committees in recognition of cultural and scientific advances. The will of the Swedish chemist Alfred Nobel, the inventor of dynamite, established the prizes in 1895...
-winning economist Milton Friedman
Milton Friedman
Milton Friedman was an American economist, statistician, academic, and author who taught at the University of Chicago for more than three decades...
, called for the legalization of cannabis in an open letter to President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, Governors, and State Legislatures of the United States. The open letter contained Miron's "Budgetary Implications of Marijuana Prohibition in the United States" report (view report).
In 1997, the Connecticut Law Revision Commission recommended Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
reduce cannabis possession of one ounce or less for adults age 21 and over to a civil fine. In 2001, the New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
state-commissioned Drug Policy Advisory Group stated that decriminalizing cannabis "will result in greater availability of resources to respond to more serious crimes without any increased risks to public safety."
A few places in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
have been advocating cannabis decriminalization.
On November 3, 2004, Oakland
Oakland, California
Oakland is a major West Coast port city on San Francisco Bay in the U.S. state of California. It is the eighth-largest city in the state with a 2010 population of 390,724...
passed Proposition Z, which makes "adult recreational marijuana use, cultivation and sales the lowest [city] law enforcement priority." The proposition states the city of Oakland must advocate to the state of California to adopt laws to regulate and tax cannabis. On November 7, 2006, Santa Cruz
Santa Cruz, California
Santa Cruz is the county seat and largest city of Santa Cruz County, California in the US. As of the 2010 U.S. Census, Santa Cruz had a total population of 59,946...
passed Measure K, which made cannabis the lowest priority for city law enforcement. The measure requests the Santa Cruz City Clerk send letters annually to state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
and federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
representatives advocating reform of cannabis laws. On June 5, 2007, Mendocino County
Mendocino County, California
Mendocino County is a county located on the north coast of the U.S. state of California, north of the greater San Francisco Bay Area and west of the Central Valley. As of the 2010 census, the population was 87,841, up from 86,265 at the 2000 census...
Board of Supervisors voted 4-1 to send a letter in support of the legalization, regulation, and taxation of cannabis to state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
and federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
legislators, and the President of United States.
Ron Paul
Ron Paul
Ronald Ernest "Ron" Paul is an American physician, author and United States Congressman who is seeking to be the Republican Party candidate in the 2012 presidential election. Paul represents Texas's 14th congressional district, which covers an area south and southwest of Houston that includes...
, a Texas Congressman and 2008 Presidential Candidate, stated at a rally in response to a question by a medical cannabis patient that he would "never use the federal government to force the law against anybody using marijuana." In his book, The Revolution: A Manifesto
The Revolution: A Manifesto
The Revolution: A Manifesto is a New York Times #1 best seller by Republican U.S. Congressman Ron Paul. According to Paul, the book is based on written notes during his 2008 presidential campaign....
he writes, "Regardless of where one stands on the broader drug war, we should all be able to agree on the subject of medical marijuana. Here, the use of an otherwise prohibited substance has been found to relieve unbearable suffering in countless patients. How can we fail to support liberty and individual responsibility in such a clear cut case? What harm does it do to anyone else to allow fellow human beings in pain to find the relief they need?" He is also the cosponsor of the Personal Use of Marijuana by Responsible Adults Act of 2008
Personal Use of Marijuana by Responsible Adults Act of 2008
The Personal Use of Marijuana by Responsible Adults Act of 2008 was a bill in the United States House of Representatives introduced by Barney Frank in the 110th congress on April 17, 2008 as . The bill had a total of 8 cosponsers...
.
Mike Gravel
Mike Gravel
Maurice Robert "Mike" Gravel is a former Democratic United States Senator from Alaska, who served two terms from 1969 to 1981, and a former candidate in the 2008 presidential election....
, a former U.S. senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
from Alaska and 2008 presidential candidate
Mike Gravel presidential campaign, 2008
Mike Gravel, a former United States Senator from Alaska, on April 17, 2006, declared his candidacy for the Democratic nomination for President of the United States in the 2008 election, in a speech to the National Press Club....
, responded to a caller on a CSPAN program asking about cannabis and the drug war, he stated "That one is real simple, I would legalize marijuana. You should be able to buy that at a liquor store."
Dennis Kucinich
Dennis Kucinich
Dennis John Kucinich is the U.S. Representative for , serving since 1997. He was furthermore a candidate for the Democratic nomination for President of the United States in the 2004 and 2008 presidential elections....
, a U.S. representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
from Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
and 2008 presidential candidate, has been an advocate of cannabis legalization. During Kucinich's 2004 presidential campaign, the following was posted on Kucinich's official campaign web site.
See also
- Alcohol prohibitionProhibitionProhibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
- Adult lifetime cannabis use by countryAdult lifetime cannabis use by countryAdult lifetime cannabis use by country refers to the lifetime prevalence of cannabis use among all adults in surveys among the general population. Lifetime prevalence means any use during a person’s life. Unless another reference is indicated all the data comes from the European Monitoring Centre...
- Annual cannabis use by countryAnnual cannabis use by countryThis is a list of countries by the annual prevalence of cannabis use as a percentage of the population aged 15–64...
- Health issues and the effects of cannabisHealth issues and the effects of cannabisThe effects of cannabis are caused by cannabinoids, most notably the chemical substance tetrahydrocannabinol . Cannabis has both psychological and physiological effects on the human body...
- Illegal drug tradeIllegal drug tradeThe illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
- Legal and medical status of cannabisLegal and medical status of cannabisCannabis is in Schedule IV of the Single Convention on Narcotic Drugs, making it subject to special restrictions. Article 2 provides for the following, in reference to Schedule IV drugs:...
- Legal issues of cannabisLegal issues of cannabisThe legality of cannabis has been the subject of debate and controversy for decades. Cannabis is illegal to consume, use, possess, cultivate, transfer or trade in most countries...
- Legality of cannabis by country
- Marijuana Policy ProjectMarijuana Policy ProjectThe Marijuana Policy Project, or MPP, is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff...
- Medical cannabis in the United StatesMedical cannabis in the United StatesIn the United States, there are important legal differences between medical cannabis at the federal and state levels. At the federal level, cannabis per se has been made criminal by implementation of the Controlled Substances Act but as of 2009, new federal guidelines have been enacted. According...
- NORML
- Places that have decriminalized non-medical cannabis in the United States
- Removal of cannabis from Schedule I of the Controlled Substances Act
- Single Convention on Narcotic DrugsSingle Convention on Narcotic DrugsThe Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
External links
- Marijuana decriminalization talking points from NORML
- Marijuana decriminalization and its impact on use from NORML
- Marijuana use in substate areas from NSDUH
- High Points in Recent Pot Culture History - slideshow by The Los Angeles TimesLos Angeles TimesThe Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....