Introduction
Marijuana is a significant topic throughout the United States. It can be considered one of the hottest topics regarding the general public and the Legislature. There is a growing reform when it comes to legalizing marijuana. Today, more than half of the country is in favor to legalizing the use of marijuana. The Drug Policy Alliance believes that marijuana should be treated and regulated like alcohol and tobacco and that it should be completely removed from the criminal justice system. Over the past two years, several states have legalized the recreational use of marijuana. This paper analyzes the arguments for and against the federal legalization of marijuana, as well as obstacles the country would have to overcome in order for the nation to legally use marijuana for recreational purposes.
Discussion
In 2013, several states started analyzing their laws when it came to marijuana consumption. These states decided to allow the sale of marijuana for recreational uses as well as medical. Since 1996, twenty-three states as well as the District of Columbia have legalized the medical use of marijuana. Furthermore, “Colorado and Washington were the first two states to legalize the recreational use of marijuana in 2012, and Alaska, Oregon, and Washington D.C. followed suit in 2014” (Reitz, 2015, p. 1086). It is likely that at least five more states will make a ballot to legalize the recreational use of marijuana in 2016. These states are: Massachusetts, Maine, Nevada, California, and Arizona. Approximately 76 percent of the United States population currently live under liberal state marijuana laws (p. 1087).
There has been a growing trend when it comes to the public’s attitude of marijuana. Back in 1969, only twelve percent of Americans believed marijuana should be legalized. This was before the criminalization of marijuana possession in 1970. After marijuana possession became criminalized, society started lightening up when it came to marijuana prohibition. Today it is estimated between fifty-one and sixty-one percent of Americans support the idea of legalizing marijuana. However, ever since 1970s, marijuana has been considered a Schedule I controlled substances, and therefore, makes it a felony to distribute, dispense, possess, or manufacture marijuana (Reitz, 2015, p. 1087). This changes the idea of marijuana from a fun, recreational drug to a prison sentence.
Ever since marijuana was criminalized in the 1970s, public support for prohibition of marijuana has steadily declined. However, this has not changed Congresses view on legalizing marijuana. Currently, the “classification of marijuana as a Schedule I substance under the CSA is used by the federal government to supersede state policing rights under the Tenth Amendment; it furthermore undermines the right of state legislature to legalize and regulate marijuana in accordance with the desires of its constituents” (Macdonald, 2015, p. 350). This is the main problem when it comes the federal legalization of marijuana. Furthermore, the states who elect to produce and sale legal marijuana find themselves in a legal battle with the federal government when it comes to laws and regulations regarding the production and distribution of marijuana.
Arguments for the legalization of marijuana
There are several benefits that come along with legalizing marijuana. First, the legalization of marijuana would create more jobs. It would create economic opportunities throughout the legal economy instead of the underground market. Legal, documented workers would be responsible for the distribution of marijuana. Thus, both the employer and employee are gaining benefits and protections from the government while the government is receiving taxes from legal employees. Furthermore, not only would legalizing marijuana create more jobs, but the government would be able to collect income tax on those jobs. In the illicit market, the government is not able to gain income tax off of the sale of marijuana (Kreit, 2015, p. 690).
There are also economic benefits that are associated with marijuana legalization. “Legalization and decriminalization have led to large economic benefits at the state and local level, and have the potential to create large economic benefits at the federal level as well” (Reitz, 2015, p. 1088). Furthermore, society’s perception of marijuana has changed over the years. More Americans support the idea of legalizing marijuana. In other words, legalizing marijuana has led to increased state revenue due to taxed marijuana sales. States are now able to properly fund drug and alcohol awareness programs for children throughout the state. The taxes that are produced by the legal sale of recreational marijuana have allowed states to financially contribute to programs they would have otherwise not have been about to contribute to. Thus, states are experiencing societal good from the legalization of marijuana (Bindel, 2014, p. 12).
Legal prohibition of marijuana does not stop consumers from consuming it and it does not stop producers from producing it. When drugs are sold in the black market, the price of the product becomes increasingly high. This leads to more individuals committing crimes in order to fund their addition. This untaxed money is only leading to more crimes and issues throughout society. Legalizing marijuana would take the drug off of the streets and out of the black market. The prices for this non addictive substance would be less than it is on the street, thus, people would not have to commit crimes in order to get marijuana. Also, the
The illegal distribution of marijuana creates social problems in itself. “The similarities between alcohol and marijuana prohibition are significant. Both empowered organized crime organization: in the case of alcohol prohibition, bootleggers and mobsters; and in the case of marijuana prohibition, drug cartels” (Reitz, 2015, p. 1091). Outside countries contribute to the demand of marijuana throughout America. For example, large amounts of marijuana comes from Mexico. Thus, Mexico is gaining the economic benefit of the marijuana that is consumed throughout the United States.
Federal legalization of marijuana would offer excellent benefits for the country and its economy. Below are examples of states who have implemented legal marijuana for recreational purposes and the impact it has had on different aspects of the state.
Colorado
Colorado was the first state to legalize the purchase of marijuana for recreational use in 2014. “The associated Press reported that nearly $19 million in recreational marijuana was sold throughout the state in just the month of March, with $1.9 million of that going immediately to Denver to be divided up by lawmakers to various state programs” (Hudak, 2015, p. 649). The states crime rates and tax revenue have been effected by the legalization of marijuana.
In Colorado, stores are selling millions of dollars’ worth of marijuana throughout the state. Colorado has seem remarkable results from the legalization of marijuana. Only five months after the state legalized the recreational use of marijuana, crime throughout the state of Colorado dropped by more than a tenth. At the same time, the state is expected to collect over $30 million in revenue as a result of marijuana taxes (Hudak, 2015, p. 649).
Alaska
Alaska illustrates the existing need when it comes the legalization of marijuana. Especially when it comes to the aspect of removing it as part of the Controlled Substance Act (CSA). In 2014, Alaska ranked sixth in the nation when it came to the use of illicit drugs. It is reported that alcohol, heroin, cocaine, methamphetamines and marijuana are primary substances throughout the state when it comes to drug abuse. Alcohol and marijuana are reported to be the most used drugs in rural areas. However, heroin and other opiate-based prescription drugs are starting to become increasing popular throughout the state (Macdonald, 2015, p. 350). Since the legalization of marijuana for recreational purposes, the state has seen a decline in the amount of heroin and other opiate fatalities.
Alaska legalized medical marijuana in 1998. In 2014, Alaska decided to approve the recreational use of marijuana throughout the state. After the state legalized the recreational use of marijuana, the Legislature started to introduce several pieces of legislation that dealt with the control and regulation of the substance throughout the state. One of the bills outline the process of establishing the Marijuana Control Board (Macdonald, 2015, p. 350). With proper laws and regulations regarding the sale and distribution of legal marijuana for recreational use, Alaska has been able to see the economic and societal benefits that come along with the legalization of marijuana.
Arguments against federal legalization of marijuana
“Drugged drivers”
One argument against the legalization of marijuana is that it would create a “drugged drivers” effect. More individuals would be driving under the influence of marijuana. There are studies that have shown an increase in the numbers of drivers who tested positive for marijuana that were involved in fatal car accidents. Furthermore, when marijuana first became legal for recreation use in Washington, D.C., the number of drivers who tested positive for marijuana increased by one-third (Balko, 2014).
However, there are some problems when it comes to testing someone for marijuana. Marijuana can only be tested by metabolites. Metabolites have the ability to stay in an individual’s system for days even after the drug has worn off. This questions the validity of studies that are conducted with drivers and marijuana, as well as questions the ability to regulate marijuana on the roads. Without a proper method of testing whether or not a person is under the influence of marijuana, there is really no way to regulate the use of marijuana while driving (Balko, 2014).
Since the legalization of marijuana in Colorado, the panic of the “drugged driver” has intensified. For example, one man was arrested for being high on marijuana when he slammed into two different police cars that were parked on the exit ramp of an interstate. The state remain strict on their driving laws when it comes to marijuana. The state has clearly stated that if someone has traces of marijuana in their system, they will be receiving a DWI. This is the only thing the state can do given the new legal availability to marijuana throughout the state (Balko, 2014).
Cognitive impairments
One of the biggest arguments against the legalization of marijuana is the cognitive impairments that come along with the recreational use of marijuana. There can be societal costs when allowing public access to a cognitive-impairing substance. Several studies have shown that marijuana can have negative affects when it comes to operating a motor vehicle. “In a study of 182 fatal truck accidents, the National Transportation Safety Board learned that drivers using marijuana caused as many accidents as drivers impaired by alcohol” (Gundersen, 2015, p. 36). Furthermore, a large percentage of accidents that happen in the workplace are offend associated with marijuana. Lastly, forty percent of adult arrestees tested positive for cannabis during the time of their arrest (p. 36).
After recreational marijuana became legal, products infused with THC also became popular. Cookies, candies and drinks are all popular items that often come with THC in them. Several consumers love the options when it comes to marijuana. However, several individuals are not aware of the potency of these products. For example, a 19-year-old college male jumped off his hotel balcony after consumer marijuana cookies (Gundersen, 2015, p. 36).
Furthermore, hospital emergency rooms continue to treat adults and adolescents who start to experience anxiety, paranoia and psychosis after consumer, either intentionally or accidently, these THC edibles. These all are reasons why some individuals are oppose to the legalization of marijuana. Due to the adverse physical and mental health effects, several people are concerned with the federal legalization of marijuana (Gundersen, 2015, p. 36).
Obstacles to federal legalization of marijuana
The legalization of marijuana for recreational use has been considered a pipe dream for some time now. However, every year it seems like the federal legalization of marijuana seems like it is less of a dream and becoming more of a reality. As mentioned above, 17 states plus the District of Columbia have decriminalized marijuana possession for personal use. Furthermore, 21 states have limited the legalization of marijuana to those who are permitted to possess it. In other words, twenty-one states have legalized the medicinal use of marijuana. However, there are still important obstacles to overcome in order for the federal legalization of marijuana (Denning, 2015, p. 567).
The most important obstacle to overcome when it comes to the legalization of marijuana is the fact that marijuana is classified as a Schedule I drug under the Controlled Substances Act. This classification bars the sale, possession and production of marijuana throughout the United States. This creates issues when it comes to individual states selling and distributing legal marijuana for recreational use (Denning, 2015, p. 567).
“By one estimate, the federal government spent $483 million dollars interfering with state medical marijuana laws between 1996 and 2012, conducting at least 528 raids and dozens of prosecutions of people operating in compliance with state medical marijuana laws” (Kreit, 2015, p. 690). Thus, the main obstacle that should be of upmost concern is getting the federal government to remove marijuana as a Schedule I controlled substance. This is the most important step when it comes to legalizing marijuana on a national level (Denning, 2015, p. 567).
Organizations for legalization of marijuana
There are several leaders and movements associated with the federal legalization of marijuana. The Drug Policy Alliance is the leader when it comes to the movement to regulate and legalize marijuana. The Drug Policy Alliance plays an important role in managing and funding legislative campaigns in several of the states that adopted medical marijuana laws throughout the years of 1996-2014 (Drug Policy Alliance, 2016).
For example, the Drug Policy Alliance played an important role when it came to passing and drafting the New Mexico 2008 medical marijuana law. This law made New Mexico the first state to regulate and license the distribution and production of marijuana through state agencies. New Mexico served as the foundation when it came to medical marijuana laws. Washington, Colorado, Oregon and Alaska all incorporated New Mexico’s model into their own medical marijuana laws. The Drug Policy Alliance also works on the federal level trying to end prohibition of marijuana on a national level (Drug Policy Alliance, 2016).
Conclusion
Overall, states have seen positive results when it comes to the legalization of marijuana. Crimes have dropped and state revenues have increased. With these positive results, people can only wonder when it will be legal throughout all fifty states to legally consume marijuana recreationally. Alaska shows how important it is to preserve federalism with marijuana legalization. The state has seen issues when it comes to the Controlled Substance Act and trying to get marijuana classified as something other than a Schedule I drug. With marijuana classified as a Schedule I drug, the federal government can intervene when it comes to the distribution of marijuana. The Controlled Substance Act gives the federal government power of the states when it comes to laws about Schedule I drugs.
There are other problems when it comes to the legalization of marijuana. Driving, for example, is a big concern for people. Marijuana is not as easy to regulate as alcohol when it comes to driving. However, marijuana has been shown to be just as dangerous as alcohol for people who are behind the wheel of a car. Studies have shown that marijuana fatalities are comparable to alcohol fatalities when it comes to automobiles.
Furthermore, due to the fact that marijuana metabolites stay in an individual’s system days after consumption, it would be difficult to scientifically measure whether or not a person is under the influence at the time they were operating a motor vehicle. The lack of scientific testing to determine whether someone is cognitively affected by marijuana makes it difficult to regulate legal use when it comes to operating motor vehicles. Without proper measurements, law enforcement may have a hard time convicting individuals of driving under the influence because there is no way to tell whether or not that person was high while operating the vehicle. This is a huge concern when it comes to regulating marijuana and can have devastating results if not handled correctly.
Overall, the biggest problem when it comes to the legalization of marijuana is the fact it is considered a Schedule I drug under the Controlled Substance Act. This supersedes any state laws on the recreational use of marijuana. As states have already discovered, this fact is making it difficult for states to produce and distribute marijuana. The federal government has put millions of dollars into attempting to intercept these states laws. Overall, the biggest obstacle when it comes to the federal legalization of marijuana is getting the federal government to remove marijuana from the Schedule I drug list of the Controlled Substance Act. This would make the sale and possession of marijuana not be considered a felony. This would be the first step in federally legalizing the sale and distribution of marijuana throughout all fifty states.
References
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