MARIHUANA - A REVIEW OF THE ISSUES REGARDING DECRIMINALIZATION AND LEGALIZATION (FROM YOUTH DRUG ABUSE, 1979, BY GEORGE M BESCHNER AND ALFRED S FRIEDMAN SEE NCJ-58731)

• NCJ Number: 58741
• Author(s): R L DUPONT
• Date Published: 1979
• Length: 6 pages
• Corporate Author: Lexington Books
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

ISSUES RELATED TO THE DECRIMINALIZATION AND LEGALIZATION OR MARIHUANA ARE DISCUSSED.

Abstract

MISINFORMATION ABOUT MARIHUANA THAT HAS CONFUSED AND DISTORTED PUBLIC ATTITUDES ABOUT MARIHUANA FOR 40 YEARS HAS BEEN CHALLENGED BY UPDATED INFORMATION ON THE EFFECTS OF MARIHUANA AND BY EMPHASIZING THE RECOMMENDATION OF THE NATIONAL COMMISSION ON MARIHUANA AND DRUG ABUSE THAT MARIHUANA BE DECRIMINALIZED. THIS HAS LED EIGHT STATES TO DECRIMINALIZE PENALTIES FOR POSSESSION OF SMALL AMOUNTS OF MARIHUANA, BY ENACTING CIVIL FINES. IT APPEARS THAT THE CHANGES IN THE RATES OF MARIHUANA CONSUMPTION IN THESE 8 STATES HAVE NOT DIFFERED FROM THE PATTERNS IN THE OTHER 42 STATES. SOME ATTENTION SHOULD ALSO BE GIVEN AT THE FEDERAL LEVEL TO THE DECRIMINALIZATION OF MARIHUANA POSSESSION. THE RATIONALE FAVORING DECRIMINALIZATION IS SET FORTH: (1) THERE ARE AVENUES FOR DISCOURAGING CONSUMPTION OF MARIHUANA WHICH ARE LESS COSTLY THAN THE APPLICATION OF CRIMINAL SANCTIONS: (2) DECRIMINALIZATION WOULD ADJUST OUR SOCIAL POLICY TO CONTEMPORARY KNOWLEDGE ABOUT THE EFFECTS OF THE DRUG AND TO CURRENT SOCIAL REALITIES REGARDING ITS USE; AND (3) SHOULD FUTURE RESEARCH REVEAL DANGEROUS EFFECTS OF MARIHUANA USE, DECRIMINALIZATION WOULD NOT BE IRREVERSIBLE. IN THE DRAFTING OF A DECRIMINALIZATION SCHEME, HOME CULTIVATION OF MARIHUANA SHOULD BE CONSIDERED. HOME-GROWN MARIHUANA WILL GENERALLY BE LESS POTENT THAN MUCH IMPORTED SUPPLY, AND THOSE WHO DRAW ON THEIR OWN SUPPLY WILL NO LONGER BE IN CONTACT WITH DEALERS WHO MAY OFFER OTHER ILLICIT ITEMS FOR SALE. IT IS ALSO UNLIKELY THAT DECRIMINALIZATION OF PERSONAL CULTIVATION OF SMALL AMOUNTS WILL RESULT IN SUBSTANTIALLY INCREASED USE ABOVE AND BEYOND ANY INCREASES ATTRIBUTABLE TO DECRIMINALIZATION OF POSSESSION ALONE. FOR THESE REASONS, IT MAKES SENSE TO REDUCE THE PENALTY FOR CULTIVATION OF SMALL AMOUNTS IN THE HOME TO A CIVIL FINE OR, AT MOST, A MISDEAMEANOR PUNISHABLE ONLY BY FINE. UNLIKE DECRIMINALIZATIN, FORGING A LEGALIZED REGULATORY APPROACH TO MARIHUANA IS NOT AN ISSUE AMENABLE TO EASY RESOLUTION. RESEARCH INTO THE IMPACT OF MARIHUANA USE ON HEALTH IS CONTINUING. RESULTS FROM THIS RESEARCH WILL BE IMPORTANT IN DETERMINING WHETHER OR NOT IT WOULD BE WISE TO MAKE MARIHUANA AVAILABLE TO THE GENERAL PUBLIC. NO REFERENCES ARE PROVIDED. (RCB)