Decriminalizing Marijuana, Research Paper Example

The subject of marijuana has been in the news for over a decade. Even in the past elections there have been several measures to legalize the possession and usage of marijuana. The prohibition of marijuana in the United States has been a long overdue debate that has sparked interest on both sides of the political spectrum. Although several states have passed measures to legalize marijuana for medical, and outright possession, the main consensus is that marijuana is still illegal for possession in most of the United States. Opinions aside of the belief if marijuana should or should not be legalized but if individuals caught with will small quantities should be thrown and locked up in jail. Decriminalizing marijuana is a critical issue that while some in the public may ignore for their own recreational uses, it is a real problem for those that are caught to serve long prison sentences. This paper examines two keys issues with continuing to criminalize small possession are the considerable costs and resources being used, and if this deters would be criminals or lead to other crimes. Using scholarly opinions and information this papers hopes to inform the reader on another side to the ongoing debate.

Marijuana is not a new drug, in fact it is essential a plan known as cannabis that has been used for medicinal and recreational use. Cannabis has been growing since prehistoric times and people have been enjoying the uses of cannabis for centuries.  Cannabis has several usages besides smoking that it can be used as an herbal remedy, hemp, remedies for pain, depression, seizures, poor appetite, asthma, and insomnia. (Earleywine 2005) Cannabis has been found in several early artifacts across the globe. During much of the 18^th and 19^th century cannabis was used in the United States as hemp in the production and development of clothing, rope and sails, and largely used in medicines sold through pharmacies. (Earleywine 2005) During the Mexican Revolution, Americans were introduced to the recreational use of marijuana. In 1906 was the first marijuana regulation, and soon other states followed. However, it wasn’t until the late 1930s that marijuana was prohibited with the passage of the Uniform State Narcotic Act that gave authorities the right to exercise police power. In 1937 saw real legislation with the passage of the Marijuana Tax Act that really discourage the act of trading and trafficking of marijuana, where criminals were levied a tax equal to a dollar. (Earleywine 2005) Since then, marijuana has continued to be outlawed, although the laws have been become lax in the past decade. It is particularly do the lack of understanding of the usages and effects of marijuana of why marijuana is still illegal. In a polemic challenge of legality, marijuana laws have been implemented and promulgated to ban the trade, possession, and cultivation of marijuana.

The 1970s saw a shift in the legality of marijuana as numerous cities began to decriminalize marijuana for non-medicinal usage, as the perspectives of marijuana use was supported with acts of liberation. As many legislations began to lessening or removing penalties for the sale and usage of marijuana. Marijuana however was classified as a Schedule I controlled substance, which implies that it is has a “high potential for abuse, no accepted medical use and no safe level of use under medical supervision.” (Beckett, Herbert 2005: 8) A clear contradiction as many states and legislation recognize medical consumption and usage of marijuana. There have been several petitions for the classification to change, the first beginning in the 70s to allow for the use of physicians to prescribe cannabis/ It was denied in 1994, while a second potential that supported the change with clinical studies was also denied in 2001, it is still being petition presently.

There have been several districts and states that have eased restrictions and penalties on individual caught with small quantizes, where the punishment of fines and confiscation are preferred over throwing in jail. The support for these measures is due to the authorities. Wanting to place more focus on those that traffic drugs than those that might use it recreationally. The current drug policy and ultimately the war on drugs has been failing. Ronald Reagan’s declaration on the war on drugs in the 1970, forced police agencies to increase the penalties and the allocation of resources of the criminal justice system for the enforcement of drugs such as marijuana, amphetamines, cocaine, and heroin. (Shepard and Bleckely 2005: 324) Due to this declaration and policies, the government now allocated almost two-thirds of the federal spending towards agencies for enforcement. It was not put back into the political stratosphere until the 40^th anniversary that President Jimmy Carter declared the war on drugs a failure. (ACLU 2013)

First initiated to stop the rise of crack in the black communities, it then began to target marijuana in the 1980s placing police departments for over 20 years with the tasks of enforcing marijuana laws. Putting the issues in there forefront ofthe media, many in the United States have questioned the legality and the stance on decriminalization. While there has been opposition mostly from the Republican Party, there are many that strongly resist the legalization of marijuana based on its potential negative effects that include the criminal distribution and usage, longevity to health, and enforcement of the current drug laws. It is apparent that there legislation needs to address and review the current drug policy towards marijuana.

According to Beckett and Herbert (2011) in the past few decades the number of criminals arrested for marijuana has skyrocketed, in 2005 alone there were 829,625 arrests. (Beckett, Herbert 2011: 8) At the record levels of marijuana arrests and usage, “nearly half of the roughly 1.9 million annual drug arrest now involve marijuana.” (2011:8) ACLU found that between 2001 and 2010 there were an estimated 8 million arrest for marijuana and 88 percent were just for possession. (ALCU 2013: 6) Marijuana arrest have increase significantly to over half of all drug arrests and half of those arrest are for possession. It was calculated in 2010 that every 37 seconds there was an arrest a combined $3.6 billion on enforcement. (ACLU 2013:6) In 2010, there were over 800,000 marijuana arrests, over 300,000 more than arrests made for all violent crimes combined. (ACLU 2013: 8) Looking further into those statistics is the racial disparities that overwhelmingly represent blacks as far as punishments, bad effects, history of drugs, and economic burden. ACLU (2013) also found that blacks were on average arrested 3.74 times more than their white counterparts, although the usage rates are similar. (ACLU 2013:6) There has been an aggressive tactic targeting black individual to an astonishing rate of arrest of marijuana arrest was 716 per 100,000 compared to 192 per 100,000 for the arrest of white individuals. The war on drug has primarily existed in low income communities with the plight largely being ignored in upper class white communities.

There has been substantial reports and studies conducted on why the decriminalization of marijuana is necessary for alleviating costs and resources, while correcting some social disparities with arrests. The disparities are largely inexcusable as the population of blacks in counties are dramatically lower than the arrest rates show. “These glaring racial disparities in marijuana arrest are not a northern or southern phenomenon, nor a rural or urban phenomenon, but rather a national one.” (ALCU 2013: 11) It has largely been expressed by several supporters that the war on marijuana has very well served as a vehicle for authorizes to target communities of color, while largely ignoring the same conduct occurring at the same rates in white communities. This of course has triggered more objectivity to the enforcement of laws, and the flaws in the criminal justice system dealing with marijuana possession. Taylor Whitten pointed out that the recent Supreme Court’s decisions on restricting the criminal defendant’s right to trial by jury can be hindered. Thousands of defendants are being arrested for the possession of marijuana and sometimes sent to jail without the judicial check of a jury. (Whitten 2013) It is hard to ignore the racial element that essentially exists in every legislative effort in the prohibition and enforcement of drugs. Blacks and other minorities are arrested at a disproportionate higher rate than whites, although they only account for as much as 20 percent of the entire population. No other explanation in the increase number of risks is the racially motivated laws that police utilized in enforcing laws and the discretion that criminalizing marijuana give to authorities.

The support for decriminalization is rooted in three main arguments, although there are several more, but mainly three considerably supported. One the central and main arguments that several supporters make are that it would save the government a vast amount of money that is being wasted on enforcing laws. According to Jane Austin (2006), the arguments on cost saving are summarized as:

• “The criminal justice system allocates a significant portion of its budget arresting, prosecuting, sentencing, and incarcerating marijuana users, dealers, and others involved in the illegal drug infrastructure”
• By not labeling those behaviors the resources will be able to be utilized somewhere else
• There is a direct correlation between the number of arrest processed for marijuana crimes and the amount of money expended.
• Reducing and eliminating arrest made to enforcement, would change the relationship as the number of arrest decrease the amount of money is expended. (Austin 2006)

The arguments are not without substantial support as the cities and states have exacerbated millions each year in court, police, correction, and other criminal justice expenditures. Austin is not alone in the growing consensus of those that believes the costs are substantial. According to Shepard and Blackely (2005), “the drug policies have resulted in large and growing economic costs for the public sector, with substantial increases in resources used by drug control and police agencies, the legal and corrections systems, and services for drug education and treatment. (Shepard and Blackely 2005:323) The rates of marijuana use are at an all-time how, and the enforcement of laws has done little to change that. Beckett and Herbert (2011) split the costs of money spent into two categories; collective costs which include the fiscal costs of prosecuting, arresting, incarceration, and the public safety costs of enforcing laws over others. This second category is social costs, or as Beckett and Herbert relay, “costs borne by individuals.” (Beckett and Herbert 2011:27) Within this category includes family and friends that are arrested for violated marijuana laws.

The collective and fiscal costs of marijuana costs have increased from $4.6 billion in 1991 to $9.5 billion in 2002, where the majority of money spent on marijuana laws enforcement. (Beckett and Herbert 2011: 27) On a federal level drug enforcement spending rose from $1.5 billion in 1981 and over $12 billion in 2002. (Shepard and Blackely 2005:324) More clearly in 2001 it found that an estimated $2.1 was spend on marijuana laws alone and $1.7 billion spend on enforcing the prohibition of marijuana possession. (Beckett and Herbert 11: 28) The costs for arrests, imprisonment, prosecution, and investigation can costs alone almost $100 million per year in major cities such as New York City. (Duke 2013:1313) In a breakdown of the national level the expenditures of marijuana laws are over $7 billion per year with over $3 billion being allocated to police, over $800 million to courts, and $3.1 billion to correction facilities. (Austin 2005: 3) The social costs are greater, and have done little to deter criminal activity, and potentially encouraging crime. Police authorities have essentially followed the “Broken Windows” theory, in which the communities that fail to acknowledge and solve the disorder, show a lack of social control that encourages serious criminals to the community. (Beckett and Herbert 2011:31) The arrest made for marijuana sales increases the crime of larceny, while additional studies have shown that the increased law enforcement focus on drug crimes have a correlation of higher rather than lower rates of serious crimes. More resources and funds are being allocated towards drug policies instead on more serious crimes such as murder, rape, and others that leads to unsolved cases with victims. Beckett and Herbert (2011) find that marijuana laws essentially consume resources and costs meant towards other public safety goals, and enforce policies on controversial policing tactics, erosion of civil liberties, court and jail overcrowding, waste of funds for treatment dollars on recreational smokers, and racial inequity. (Beckett and Herbert 2011: 31) All the while by doing little to deflect others from criminal activity and marijuana use.

Another major argument besides the criminal justice system is that it would open up the doorways for more individuals that are suffering from the effects of cancer and other illnesses to be eased by the benefits of marijuana. Only in a few states is medical marijuana legalized, although the recreational use of marijuana is not. This will provide legislation with a clear perspective of enforcement and provide a more affordable treatment besides prescription drugs. There are numerous studies conducted on the medical benefits of medicinal marijuana for a number of illnesses. Also more critical is the fact that tobacco and alcohol has been found to be more harmful than the effects of marijuana. While alcohol and the effects of cancer had led to millions of deaths per year worldwide, there has not been much links to deaths from the usage of marijuana. With the leading research of cannabis stating that individuals would have to smoke over 15,000 joints in a span of 20 minutes in order to be considered a lethal threat. (Smith 2012)

If costs to decriminalizing marijuana was eliminated it would cut millions from local budgets and billions from government spending, while also raising near $6 billion annually in taxation of marijuana sales. (Duke 2013: 1313) It would help to curb the trafficking of marijuana and the income made by street gangs and organized crime. Businesses and regulations can be developed in order to instill safety measures and quality of marijuana in order to handle health concerns. This would optimistically create more jobs for Americans, by developing the marijuana industry. As experts suggest that regulation and taxation would be more efficient than prohibition of marijuana. Opponents however believe that decriminalization of marijuana would lead to an increase in usage in the general public much like cigarettes, and an lead for abuse to serious drugs. One of the biggest opponents are the Drug Enforcement Administration (DEA) that believes that the decriminalization of marijuana would lead to an increase in usage and addiction. (DEA) Creating as much risks for the sellers and the buyers. Of course this perspective can be refuted as a reason for the DEA and other police opposition is due to the ability to seize and keep a portion of the assets that are seized in arrests increasing in 1985 from $27.2 million to $425.5 million in 2001, not accounting for over $5 billion of private goods and assets seized in the 90s alone. (Beckett and Herbert 2011: 29) Where many have been accused of “asset hunting” instead of the priorities of crime prevention and solving crimes. However, their stance on the increase of marijuana use is substantial, as the trends in marijuana use has increased, and it is by far the most widely used illicit drug in the world. (UN Office on Drugs and Crime 2012) Although the argument for a gateway drug isn’t considerable as this case can be made to drugs such as tobacco and alcohol. Research has suggests that there is no direct correlation between marijuana use and getting addicted to harder drugs.

Marijuana is steadily growing in the debate for legalization in the aspects of medicinal, recreational, and more importantly in decriminalization. The reasons for this argument is vast but most experts and research agrees that the decriminalization of marijuana would decrease the resources on enforcing the egregious drug policy that has done little to abstain individuals from smoking marijuana, or the amount of criminal activity associated with marijuana. The costs; fiscally and socially have led to the focus being turned away from serious crimes, a vehicle for racial inequity, and a diversion of resources being used to solve serious crimes with victims. The reasons why decriminalization should work is that it make the medicinal use of marijuana available to more sufferers of serious illness, decrease drug trafficking in respect to marijuana, and could potentially benefit nationally and locally by taxation and better regulation. For these reasons alone there needs to be a review over the drug policy that has failed the war on drugs.

References

Austin, James. 2006. “Rethinking the Consequences ofDecriminalizing Marijuana. JFA Institute. Retrieved November 19 2013. http://www.jfa-associates.com/publications/srs/Marijuana_Study.pdf

Beckett, K., & Herbert, S. (2006). The Consequences and Costs of Marijuana Prohibition. University of Washington Research Study.

Duke, Steven. 2013. “Future of Marijuana in the United States. Eugenie Industrial Hemp. Retrieved November 19 2013. http://eugeneindustrialhemp.com/wp-content/uploads/2013/04/Duke8.pdf

Earleywine, Mitch. 2005. Understanding Marijuana. New York: Oxford Press.

Shepard, E., & Blackley, P (2005). Drug Enforcement and Crime: Recent Evidence from New York State. Social Science Quarterly, 96(2), 323–342.

Shepard, E., & Blackley, P (2005). “Marijuana Law Enforcement in the United States:Statistical estimates of an economic crime model.” Canadian Economics Association. Retrieved November 19 2013. http://economics.ca/2005/papers/0587.pdf

Smith, D. 2012. “Medical Marijuana: 10 Health Benefits That Legitimize Legalization.” International Business Times. Retrieved November 19 2013. http://www.ibtimes.com/%E2%80%98medical%E2%80%99-marijuana-10-health-benefits-legitimize-legalization-742456/

“The War on Marijuana in Black and White.” 2013. ALCU. Retrieved November 19 2013. https://www.aclu.org/files/assets/aclu-thewaronmarijuana-rel2.pdf

“United Nations Office on Drugs and Crime. 2012. World Drug Report 2012. New York.”United Nations Publications. Retrieved November 19 2013. http://www.unodc.org/unodc/en/data-and-analysis/WDR-2012.html/

Whitten, Taylor E. 2013. “Under the Guise of Reform: How Marijuana Possession Is Exposing the Flaws in the Criminal Justice System’s Guarantee of a Right to a Jury Trial.” Iowa Law Review, Forthcoming. Retrieved November 19 2013. http://ssrn.com/abstract=2256962