Legal Marijuana, Research Paper Example

Abstract

This paper tackles the national issue on the use of marijuana with the focus on policy alternatives, consequences of the alternatives, evaluation criteria and recommendation.

Issue and Background

Marijuana has always been one of the subjects on the war against drugs. It is classified as a Schedule 1 Controlled Substance for the longest time. This classification is made due to the potential of the substance to be abused. In this regard, marijuana has been put in the same category as other dangerous drugs such as LSD and heroin among the many others. However, despite this fact, statistics has it that about 18 million of Americans are using or have used cannabis last month. With the increasing number of marijuana users in the country comes the increasing number of people who have been entered into the justice system for offenses that are related to the possession of marijuana. In 2011 alone, about 600,000 people were arrested for the illegal possession of the substance. The arrest often leads to jail time. In this regard, over half of the American population think that marijuana should be legalized for recreational purpose and about 70% of the population think that the legalization of marijuana should be based on medical purposes. But up to this day, marijuana policy in all across America and other jurisdiction is still clouded with confusion. This is due to the fact that even with the medical use of marijuana and its widespread use, it is still considered unlawful to possess as far as the federal law is concerned. There is a need for a strong and solid policy that will eradicate confusion, conflicting actions from the government and uncertainty (Iversen, 2002).

Identification of Policy Alternatives

As early as the 1970s, the decriminalization of marijuana has been passed in over 16 states in America. With the decriminalization of the substance, the law is moving away from immediate jail time and imposition of fines and go towards a different form of control mechanism and restrictions. This only means that, even though the possession of small amount of marijuana is no longer be prosecuted, it will not tolerate such usage and possession in combination with other potentially hazardous and unsafe activities such as driving and observance of minimum legal age (Pollock, 2012). The goal is to lessen the use of formal and harsh legal sanctions and promote the use of informal and non-criminal penalties for small possessions. The medical use of the substance is also allowed (Holland, 2010). Yet, it is still considered illegal under the federal law and certain categories of conduct will still be criminally prosecuted. In November of 2012, Washington and Colorado, with 55% of votes, passed the legalization of marijuana for recreational purposes.

In the same token, medical marijuana law is still in place that allow individuals to possess a limited amount of marijuana in their persons without the fear of civil proceedings and prosecution. For as long as an individual has a valid medical marijuana card, the individuals are protected from any prosecution and arrest. Undeniably, the states in the country vary in their regulation, implementation and administration of the laws covering medical marijuana. Some allow dispensaries in the local level but not state level and some do not have a central patient registry. Some states, like Colorado, have a strict regulation on the dispensaries while others are slackly regulated. Some states do not have dispensaries and just have regulations and standards on how an individual can obtain marijuana. In Maryland, on the other hand, people can use the “medical marijuana law” to avoid prosecution but the state does not provide for any means of obtaining the substance. Moreover, on the federal scale, the Ogden Memo released under the Obama administration mandated the federal prosecutors to deprioritize the prosecution of persons who are “in a clear and unambiguous compliance with existing state laws providing for the medical use of marijuana (Pollock, 2012)”. And yet, marijuana is still considered illegal. In this regards, the government and all its constituents can utilize some alternatives in regulating the substance.

Alternative Policies

Regulate and Tax Marijuana

There is a need to legalize marijuana for both recreational use and medical use. The first that should be done is to remove it from the Schedule 1 category and a framework for taxation and regulation must be created. The framework can be patterned into the tobacco and alcohol regulatory framework. The government also need to put a tax on the substance for whatever purpose it is grown for (Martin & Rashidian, 2014). The taxes can be used as additional funds for rehabilitation treatment and enforcement of the law among the many others. Undeniably, putting tax on marijuana can result to about $20 billion revenue on a yearly basis grounded on the $50 tax for a sale of an ounce of marijuana. This is assuming that the price is reduced and provided that there is an increase in the consumption of the substance.

Centralized Medical Marijuana Laws

As mentioned before, every state in America has varying medical laws. It is imperative that a centralized medical marijuana law be enacted to make sure that regulations and standards are the same in all across America. This will also ensure that dispensaries and legal sellers of the substance will be available to those who are really in need of the medicinal value of marijuana. A centralized medical marijuana law will reduce confusion and uncertainty on what is prohibited and what is allowed.

Recommendation

For the purpose of this paper the author is recommending the legalization of marijuana to have a central regulation concerning the recreational and medical use of the substance. In addition, it will also bring billions of dollars from taxation- a fund that can be utilized by the government to solve the problems in the society.

References

Holland, J. (2010). The pot book: A complete guide to cannabis. Toronto: Park Street Press.

Iversen, L. (2002). The science of marijuana. New York: Oxford University Press.

Martin, A. & Rashidian, N. (2014). A new leaf: The end of cannabis prohibition. New York: The New Press.

Pollock, J. (2012). Crime and justice in America: An introduction to criminal justice. Boston: Elsevier.