Marijuana Legalization/Decriminalization

Andrew LayGriffin McElweeRachel Burriss

History

Early History of Cannabis

• 6000 B.C.: Cannabis seeds used for food in China• 1271-1295: Marco Polo first brings the use of

hashish to Europe’s attention after his Journeys• 1840: Medicinal preparations of cannabis are

made available in the United States• 1906: Pure Food and Drug Act is passed,

regulating the labeling of products containing Alcohol, Opiates, Cocaine, and Cannabis, among others

Early History Continued

• 1915-1927: Cannabis begins to be prohibited for nonmedical use in the U.S., especially in SW states...California (1915), Texas (1919), Louisiana (1924), and New York (1927)

• 1936: Propaganda film “Reefer Madness” made to scare American youth– http://www.youtube.com/watch?v=L1jB7RBGVGk

Uniform State Narcotic Act (1925-1932)

• Argued that the traffic of narcotic drugs should have the same safeguards and regulation in all states

• By 1930 all states had some regulation of cannabis Federal Bureau of Narcotics formed for regulation

1937: Marijuana Tax Act

• Due largely to the efforts of businessmen, most notably Randolph Hearst, who feared that hemp would replace timber in the cheap manufacture of paper

• Levied a tax equaling roughly one dollar on anyone who dealt commercially in cannabis products

• Did not directly criminalize the possession or use of cannabis

History of Mandatory Sentencing in the United States

• The Boggs Act of 1952 and the Narcotics Control Act of 1956 made a first-time cannabis possession offense a minimum of two to ten years with a fine up to $20,000

• 1963: Bureau of Narcotics (subsidiary of the Department of the Treasury) and Bureau of Drug Abuse Control (sub. of the Department of Health) combine to form the Bureau of Narcotics and Dangerous Drugs (sub. of the Department of Justice)

• Mandatory sentencing repealed again in 1970

Reorganization and Strengthening of Policy

• On July 1, 1973, the Bureau of Narcotics and Dangerous Drugs combined with the Office of Drug Abuse Law enforcement to form the Drug Enforcement Administration (DEA)

• The Comprehensive Crime Control Act of 1984 under the Reagan Administration created the Sentencing Commission

• The Anti-Drug Abuse Act of 1986 reinstated mandatory prison sentences and a three-strikes law which created mandatory life sentences for repeat drug offenders

Where we stand as of April 20th 2010

• Grey: not legal• Light green: medicinally legal• Medium green: Decriminalized• Dark green: Both

Pros and Cons

Pro Legalization/Decriminalization• According to public surveys, some 25 million Americans have

smoked marijuana in the past year and some 14 million do it regularly despite laws

• Marijuana is far less dangerous than alcohol or tobacco• Expensive: enforcing marijuana prohibition costs taxpayers $10

billion annually• On the other hand, tax revenue from legal marijuana sales could

help close wide budget deficits• Enforcing prohibition results in more arrests than all violent crimes

combined• If marijuana were legalized, enforcement could be directed to

preventing violent crime• Marijuana legalization would put an end to the crime, corruption,

and violence associated with a black market

Pros Continued

• Prohibition denies medical cannabis to the tens of thousands of patients who could benefit from its use

• Approximately 98% of the marijuana destroyed by the costly Domestic Cannabis Eradication/Suppression program is actually hemp

Anti Legalization/Decriminalization• While marijuana may be safer than other drugs, it is not by

any means harmless, especially when smoked, as it contains many of the same harmful chemicals as tobacco

• Marijuana is the primary drug of choice among most teens seeking treatment for a drug problem

• Many worry that marijuana legalization will give kids and teens greater access to marijuana

• Others worry about the danger of more people driving under the influence

• Marijuana may be a gateway drug• Claims of Marijuana’s medicinal value are oftentimes

scientifically unfounded

Pro Interest Groups

• National Organization to Reform Marijuana Laws (NORML) has a PAC

• November Coalition• Drug Policy Foundation• Common Sense for Drug Policy• Drug Reform Coordination

Network

Con Interest groups• Office of National Drug Control Policy• Partnership for a Drug-Free America• Project kNOw• National Clearinghouse for Alcohol and Drug

Information

Democratic Party

• Most members take neutral or pro stance• Obama administration against• They support many different forms of: legalization,

decriminalization, and medical use.

Republican Party

• The vast majority of the party opposes legalization.• Some members endorse decriminalization and

legalization with taxation. • Some take the libertarian view point on the issue.

U.S. Marijuana Party

• Founded in 2002, party takes libertarian stance

• “We are Americans, and WE do not piss in a cup for anyone”

• Complete legalization of marijuana• Believe government is creating genocidal war

on drugs, and that drug wars will cause more harm than the drug itself.

Public Opinion

Views on Legalizing—By Party

Legal or Not?

Legalizing and Taxing in Your State?

Recent Developments

United States vs. Oakland Cannabis Buyer’s Cooperative

• 2001- United States vs Oakland Cannabis Buyer's Cooperative- Followed up Proposition 215 (legalized medicinal Cannabis in California- 1996). The Oakland Cannabis Buyer's Cooperative, was created to provide ill patients with a safe and reliable source of medical cannabis.

- May 14, 2001- The Supreme Court voted that federal anti-drug laws does not allow the use of medicinal marijuana and rejected the common-law medical necessity defense to crimes enacted under the Controlled Substances Act because Congress stated that cannabis had no legitimate medical use.

Gonzales vs. Raich

• 2005- Gonzales vs Raich- The supreme court voted 6-3 in favor that the Commerce Clause of the United States banned the use of cannabis, both for recreational and medicinal uses. Furthermore, the court voted that Congress had the power to declare cannabis illegal even if a state declared it okay for medicinal use.

- Opposing this decision, the defendants stated that the marijuana was grown in a single state, and consumed in that state, so no commerce laws were broken.

Assembly Bill No. 390 (2009)

• February 23, 2009, Assembly Bill No. 390 - California- The Marijuana Control and Regulation Act- Proposed by California State Assembly member Tom Ammiano would allow complete legalization of marijuana. Though this bill failed, it was a precursor to the more popular Proposition 19.

California Proposition 19

• November 2nd, 2010• Proposition 19, the Regulate, Control, and Tax Cannabis Act, was

ultimately defeated with 54% of California voters voting "no" and 46% voting "yes." Nevertheless, the results were remarkably close with just 8% more voters voting against the bill. In addition, pre-vote polls showed even closer results. It is likely we will see more similar bills.

-Believed to fail due to the disorganization of the Bill; each county wanted something specifically tailored to their needs

• Despite the “no” vote on November 2nd, 2010, the advocators of Prop 19 are planning to resrtucture the Bill and attempt to get it passed in 2012 (House of Reps), and then again in 2016 (Senatorial Race)

Sources• "Concept 420." Marijuana Timeline. N.p., n.d. Web. 13 Nov. 2010.

<www.concept420.com/marijuana_cannabis_history_timeline.htm >. • "Marijuana Law Reform - NORML." Marijuana Law Reform - NORML. N.p.,

n.d. Web. 13 Nov. 2010. <http://norml.org>. • "U.S. Marijuana Laws, Medical Marijuana Facts, Cannabis, Hemp." U.S.

Marijuana Laws, Medical Marijuana Facts, Cannabis, Hemp. N.p., n.d. Web. 13 Nov. 2010. <http://usmarijuanalaws.com>.

• "yeson19.com." yeson19.com. N.p., n.d. Web. 13 Nov. 2010. <http://yeson19.com>.

• Caifornia Proposition 19." Information on Proposition 19. N.p., n.d. Web. 13 Nov. 2010. <http://www.ballotpedia.org/wiki/index.php/California_Proposition_19,_the_Marijuana_Legalization_Initiative_(2010)>.