In 1972, President
Richard Nixon 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 the 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." U.S. attitudes toward legalization and decriminalization started dramatically liberalizing in the 1990s, and a 2018 study in
Social Science Research found that the main drivers of these changes in attitudes were a decline in the perception of the riskiness of marijuana, changes in media framing of marijuana, a decline in overall punitiveness, and a decrease in religious affiliation. Additionally, a Gallup poll conducted in 2022 found that 53% of Americans believe that cannabis has a positive effect on people and 45% say that it has a negative effect. Meanwhile, 71% of Americans believe that alcohol has a negative effect on people.
Potential medical benefits of marijuana Marijuana (cannabis) is an herb drug, which contains a very active component delta-9-tetrahydrocannabinol (THC). For thousands of years, it was used for medical purposes in many different parts of the world. Preliminary evidence has indicated that THC might have several beneficial medical uses. A number of patients who have HIV, multiple sclerosis (MS), neuropathic chronic pain, and cancer were under medical marijuana treatment. The treatments could either be smoke on cannabis or oral preparations, which were synthetic THC and synthetic equivalent. According to Medical Uses of Marijuana (Cannabis sativa), patients with HIV reported that the drug reduced mixed neuropathic pain more significantly in comparison to other placebo drugs. They addressed that there was a minimum of 30% pain reduction when they were under smoked medical marijuana treatment. Furthermore, under the same type of treatment, most of the patients with multiple sclerosis showed dramatic improvements in their symptoms. The medical use of marijuana similarly can be used to curb stress-induced cravings, anxiety and lack of impulse control that cause people to relapse in people with drug and alcohol addiction. In Colorado and Oregon, the most common use for marijuana is pain, spasticity associated with multiple sclerosis, nausea, posttraumatic stress disorder, cancer, epilepsy, cachexia, glaucoma, HIV/AIDS, and degenerative neurological conditions.
Economic arguments Many proponents of cannabis decriminalization have argued that 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. In Colorado, in June 2020, monthly marijuana sales reached $199 million. In 2020, state and local governments earned over $3 billion in tax revenue from cannabis taxes. The endorsers included conservative economist
Milton Friedman and two other
Nobel Prize-winners, Dr. George Akerlof and Dr. Vernon Smith. Other arguments point out 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. 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 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
Alaskan 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 American 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 cannabis. Allowing farmers there to grow cannabis 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 outpatient 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. A 2020 study by researchers at
UCLA and
Yale found that cannabis legalization had led to large amounts of new tax revenue and very little black market cannabis sales in states where the market was well-regulated, but large black markets and lack of tax revenue in states like California with poor regulation. 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 a 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 Administration 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 Prohibition, argue that fully decriminalizing cannabis would largely decrease financial gains earned by gangs in black market cannabis sales and trafficking.
Displacement of alcohol consumption A study in the
Journal of Policy Analysis and Management by Mark Anderson and Daniel Reese indicated that increased marijuana use in California is a substitute for alcohol. This research showed that participants frequently choose marijuana over other substances. They reported that over 41 percent of the people said that they prefer to use marijuana instead of alcohol. Some of the main reasons for this substitute were 'less withdrawal', 'fewer side-effects' and 'better symptom management'.
California Secretary of State's office said that on September 7, 2010, the beer lobby donated $10,000 to Public Safety First, a group which opposed the passage of Proposition 19 to legalize cannabis.
Reduction of subsequent use of other illicit drugs The Marijuana Policy Project argues that:
Health effects of cannabis Cannabis has been subject to many studies over the past century. Studies acknowledge that cannabis can in rare cases cause adverse reactions, but is generally safer than any commonly consumed drug such as
alcohol,
tobacco and
pharmaceuticals. In fact, in an article published in
The Lancet journal about the adverse health effects of non-medical cannabis use, Professors Hall and Degenhardt clearly stated that "the public health burden of cannabis use is probably modest compared with that of alcohol, tobacco, and other illicit drugs." Psychopharmacologist and former UK government drugs advisor
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". A 1933 report by the U.S. Army, titled
Mariajuana Smoking in Panama, found that "There is no evidence that mariahuana as grown here is a 'habit-forming' drug in the sense in which the term is applied to alcohol, opium, cocaine, etc., or that it has any appreciably deleterious influence on the individuals using it."
Reduction in prison overcrowding and strain on the criminal justice system Supporters of decriminalization and
decarceration in the United States argue that if cannabis were to be legalized it would reduce the number 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 number of cannabis 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. In the 1970s, there were just under 200,000 criminals serving time in state and federal prisons and upwards of 750,000 in local jails for marijuana-related crimes. Today there are over 1.5 million Americans serving time in an institution. If marijuana was decriminalized, these numbers were further be reduced again to below 700,000 inmates and save the taxpayers billions of dollars per year. The United States spends an estimated $68 billion per year on prisoners with a third of that number have been incarcerated for non-violent drug crimes including a sixth of those numbers as marijuana drug-related offenses. A reduction in the prison population due to decriminalizing marijuana could save an average of $11.3 billion per year on courts, police, prison guards, and other related expenses.
Success of progressive drug policies adopted in other countries Studies on decriminalization of marijuana in
Portugal have indicated it to be a "huge success". Drug use rates in Portugal were found to be dramatically lower than the United States with decriminalization enacted.
Uruguay became the first country in the world to completely legalize
cannabis in 2013.
Individual freedom Some people are in favor of decriminalization and legalization of marijuana simply for the moral stance that individuals' freedom for
property rights should be respected. This view is generally held in
libertarian politics. This view is that regardless of any health effects of someone's lifestyle choice if they are not directly harming anyone else or their property then they should be free to do what they want. Many people who support drug freedom policies may personally be strongly against drug use themselves but still want to protect the freedom of others to do so.
Investors To effectively campaign to legalize recreational cannabis use, millions of dollars have been spent to lobby for this reform.
George Soros is a billionaire hedge fund manager that has spent over $25 million on marijuana reform efforts. In 2010 Soros wrote an op-ed in the
Wall Street Journal citing the fact that African Americans are no more likely than other Americans to use marijuana but are far more likely to be arrested for possession. Soros' efforts to reform marijuana laws were predated by fellow billionaire, the late Peter Lewis. Lewis was the former chairman of Progressive Insurance and died on November 23, 2013. Lewis is considered to be the most high-profile billionaire backer of drug reform and the
National Organization for the Reform of Marijuana Laws (NORML) estimated that Lewis had spent well over $40 million funding the cause since the 1980s. and Zimmer contributed $20,000 to advocate for marijuana decriminalization in California. These capitalists have helped pave the way for a new type of business with special interests in the cannabis industry. The ArcView Group was founded in 2010 by Silicon Valley entrepreneurs and marijuana advocates Troy Dayton and Steve DeAngelo. Their company teams up angel investors with companies that produce cannabis products and it's been one of the major sources of startup revenue for cannabis-related companies. as police efforts result in both unnecessary arrests and the enforcement of marijuana laws wastes billions of tax payers' dollars. They affirm that removing criminal penalties for marijuana offenses will therefore reduce the U.S. prison population and more effectively protect the public and promote public health. These marijuana-related arrests now account for over half of all drug-related arrests in the United States. The ACLU claims that over 50% of Americans support marijuana legalization They believe that the resources that are spent on enforcing marijuana law could be better invested in our communities through education and job training. The NAACP has been strong supporters of the
Respect State Marijuana Laws Act – H.R. 1523 and has reached out to members of congress to get this act passed. This act is designed to decrease penalties for low-level marijuana possession and supports prohibiting federal enforcement of marijuana laws in states which have lesser penalties.
Racial bias There are claims of historical evidence showing that a significant reason for the marijuana ban by the US government was political and racist in nature, aimed to suppress black and Mexican minorities. A quote from a 1934 newspaper reads: "Marihuana influences Negroes to look at white people in the eye, step on white men's shadows and look at a white woman twice." Former Nixon aide and Watergate co-conspirator
John Ehrlichman said the following to author Dan Baum in an interview regarding the politics of drug prohibition: "The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did." Loo, Hoorens, Hof, and Kahan also talked about this issue in their book 'Cannabis policy, implementation and outcomes'. According to them, statistics show that controlling cannabis use leads in many cases to selective law enforcement, which increases the chances of arresting people from certain ethnicities. For example, while Blacks and Hispanics constitute about 20% of cannabis users in the US, they accounted for 58% of cannabis offenders sentenced under federal law in 1994. In 2013, the
ACLU published a report titled "The War on Marijuana in Black and White". The report found that despite marijuana use being roughly equal between blacks and whites, blacks are 3.73 times as likely to be arrested for marijuana possession. Tough marijuana policies have also resulted in the disproportionate mass deportation of over 250,000 legal immigrants in the United States. In a 93-page report,
Human Rights Watch described the effects of stringent marijuana and other drug policies on US immigrant families. In New York City, Black and Brown people were the most affected when it came to arrests relating to Marijuana accounting for 94% of all persons in 2020. In Texas, overall arrests for marijuana fell for Blacks from 64,826 in 2017 to 63,019 in 2018 and 24,890 in 2020 to 22,496 in 2021. However, looking at primarily arrests for Blacks, it increased from 19,040 in 2017 to 19,760 in 2018 and 7,457 in 2020 to 7,466 in 2021. According to the American Civil Liberties Union (ACLU), Black people are 3.64 times more like than white people to be arrested for marijuana related offenses. With more and more states legalizing marijuana, trends related to Black people being arrested have not changed since 2010.
Occupational health and safety Since cannabis is still recognized as an illegal substance under federal law, each state has its own rules and regulations concerning cannabis cultivation. As this is still a relatively new industry, there are challenges in formulating safety regulations; much discrepancy exists between state regulations and federal regulations concerning legal agricultural practices. Since there are no federal regulations on pesticide use in cannabis cultivation, none are registered for use in the United States, and illegal pesticide use is common. Samples purchased by law enforcement in California, have for example detected pesticide residues present on cannabis products for sale to the public. Workers are also at risk of overexposure to UV rays from lamps used, and overexposure to carbon dioxide, carbon monoxide, and nitrogen oxides from devices used to promote cannabis growth. Cuts, nicks, and scrapes are also a risk during the harvest of cannabis buds. A survey completed by the CDPHE has found that while workers valued safety, 46% of them never received any training in safety procedures and protocols. Washington and Colorado have published valuable state guides with state regulations and best practices.
Environmental safety Pesticide Use: "The
Environmental Protection Agency (EPA) regulates pesticide use on agricultural crops, but has not tested any pesticides for use on marijuana because it is still illegal at the federal level. Given what is known about the chemicals commonly used on marijuana plants, that means a potential public health hazard for the millions of people who smoke or consume marijuana, as well as those who work at the grow operations." According to a 2013 study published in the
Journal of Toxicology that assessed quantities of pesticides marijuana smokers were exposed to, it was found that "recoveries of residues were as high as 69.5% depending on the device used and the component investigated, suggesting that the potential of pesticide and chemical residue exposures to cannabis users is substantial and may pose a significant toxicological threat in the absence of adequate regulatory frameworks". Marijuana also differs from other agricultural products in that it can not be rinsed with water as the product is traditionally dried or cured. The following six pesticides are considered highly toxic but commonly used on marijuana crops: •
Myclobutanil (fungicide): Developmental and reproductive toxin; Not allowed in WA or CO, found on tested samples in CO and OR •
Pyrethrin (insecticide): Carcinogen; Approved in CO and WA •
Fenoxycarb (insecticide): Carcinogen, cholinesterase inhibitor; not allowed in WA •
Thiophanate-methyl (fungicide): Carcinogen; Not allowed in WA or CO, found on tested samples in CO. •
Avermectin- (insecticide): Developmental and reproductive toxin: not allowed in CO or WA, but found on tested samples in CO •
Bifenthrin (insecticide): Developmental and reproductive toxin, a possible carcinogen; Not allowed in CO or WA, but found on tested samples in CO and OR
Ecosystem: A single mature marijuana plant can consume 23 liters of water a day, compared to 13 liters for a grape plant. Historically, many outdoor cultivators have used illegal river and lake diversions to irrigate crops. These diversions have led to the dewatering of streams and rivers which is well documented in areas of Northern California. As with any other agricultural crop, an increase in demand leads to increased clear-cutting of forests which can increase erosion, habitat destruction, and river diversion. Legalization and subsequent regulation could mitigate such issues. == Arguments in opposition to reform ==