Marijuana
Legalization/Decriminalization
Andrew Lay
Griffin McElwee
Rachel 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 (19251932)
• 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• Mandatory sentencing repealed again in 1970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
• Marijuana is widely used despite
laws (NORML)
• Marijuana is far less dangerous than
alcohol or tobacco (The Lancet)
• Enforcement is expensive (NORML)
• Possibility to collect tax revenue
(NORML)
• Enforcing prohibition results in a vast
number of arrests (NORML)
• Marijuana legalization would put an
end to the crime, corruption, and
violence associated with a black
market (NORML)
Pros Continued
• Prohibition denies
medical cannabis to the
tens of thousands of
patients who could
benefit from its use
(NORML)
• Approximately 98% of
the marijuana destroyed
by the costly Domestic
Cannabis
Eradication/Suppression
program is actually
hemp (NORML)
Anti Legalization/Decriminalization
• While marijuana may be
safer than other drugs, it is
not by any means harmless
(Partnership)
• Marijuana is the primary
drug of choice among most
teens seeking treatment for a
drug problem (Partnership)
• Legalization may lead to
more people driving under
the influence (Proposition)
• Marijuana may be a gateway
drug (Partnership)
• Claims of Marijuana’s
medicinal value are
oftentimes unfounded
(Partnership)
Should the federal government
have the right to enforce anti-drug
legislation?
•Interstate commerce clause
•Many argue, on the other hand, that, while the
drug trade is most definitely interstate
commerce that should be regulated, the
federal government should not have the right
to set minimum punishment levels for individual
users
•In addition, others argue that the issue should
be left entirely up to the states
Interest Groups
• Pro: National Organization to
Reform Marijuana Laws
(NORML) has a PAC
• Con: Partnership for a Drug
Free America
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 CooperativeFollowed up Proposition 215
• May 14, 2001- The Supreme Court voted in favor of the
government’s belief that Marijuana should be an illegal
narcotic.
Gonzales vs. Raich
• 2005- Gonzales vs Raich- The supreme court
voted 6-3 in favor of the Commerce Clause of
the United States
Assembly Bill No. 390 (2009)
• February 23, 2009, Assembly Bill No. 390 California- The Marijuana Control and
Regulation Act.
California Proposition 19
• November 2nd, 2010
• Proposition 19, the Regulate, Control, and Tax
Cannabis Act
– Most recent attempt at the legalization of
Cannabis