The Federal Government Should Decriminalize Marijuana

On October 6th, President Joe Biden announced he would pardon all prior federal offenses of simple possession of marijuana and asked U.S. governors to do the same. The classification of marijuana on the federal schedule of drugs needs to be reviewed.

The Marijuana Opportunity Reinvestment and Expungement Act was narrowly passed by the United States House of Representatives. Marijuana would be removed from the federal government's list of illegal substances if the bill is passed. The bill would not create a nationwide legal cannabis market or remove any individual state's criminal penalties; additional federal legislation would be needed to accomplish those goals.

There is growing discontent among the public and policy makers with the criminalization of low level drug offenses as public opinion has swung in favor of legalization. Marijuana will likely be legalized at the state and federal level. Public health researchers who have studied policies regulating marijuana, alcohol and tobacco are in favor of decriminalization, but cautious about full legalization The history of legal alcohol and tobacco shows that public health can suffer when profits are more important than the public good. An ideal federal cannabis policy would take into account just and equitable criminal policy, individual liberty and strong regulation.

Both decriminalization and legalization are policy questions. They can have different outcomes. In most states, possession of cannabis was a criminal offense from the 1970s to the 2000s, with the possibility of large fines and criminal records. The penalties are disproportionate to the crime, that's what we think.

Marijuana possession became a traffic ticket in Massachusetts in 2008. Other states followed. Less or lesser penalties for marijuana are not necessarily supported by laws or infrastructure. White people are less likely to be arrested for possession of cannabis than people of color. Public health advocates have become more vocal in their calls to decriminalize cannabis because of the health effects of being arrested or having a criminal record. In 2015, the American Academy of Pediatrics issued a policy statement that called for the decriminalization of marijuana in light of consequences such as lost job and educational opportunities.

Legalization doesn't completely solve the criminalization problem because people can still break the law. In states that have decriminalized marijuana and have age-restricted legal cannabis markets, there was no immediate reduction in arrests for people under the age of 21, but in states that did not decriminalize it, there was a reduction.

In states where decriminalization was the primary goal, legislators focused explicitly on criminal penalties and carefully developed legislation that had maximum impact on criminal consequences for all ages, and in states where the primary goal was to create a legal market for marijuana.

Poor people and minorities are subject to civil penalties and fines even if there is no arrest record. States should remove all penalties for carrying small amounts of cannabis in order to combat this. People who were convicted of possession of small amounts of marijuana should have their criminal records expunged.

Our current drug policy is not in line with the laws for alcohol and tobacco. Alcohol and other drugs are more likely to kill someone than cannabis is. The deaths are increasing. The freedom that comes from a more liberal cannabis policy can contribute to the common good. According to research from Canada and the United States, the age-restricted legalization of marijuana does not lead to large increases in cannabis use by young people. Legal access to marijuana for adults who choose to consume it is expected, even though research shows that adults use marijuana more.

Increased freedom for the cannabis industry isn't always a good thing. An addictive substance is cannabis. Legalization with few regulations is harmful. The tobacco industry, an increasingly deregulated alcohol industry, and too few restrictions on pharmaceutical marketing of opioids are just some of the societal harm that comes from too few regulations.

Most of the cannabis produced is consumed by a small number of users. The cannabis industry wants to increase sales and profits. Cannabis has effects on learning and memory that are not known to be related to death or organ damage. The effects of these effects can affect work and educational outcomes for a long time.

Most study results are in line with the commercialization hypothesis put forth by policy analysts Robert Mac Coun and Peter Reuter and supported by their studies of the Dutch experience with partial legalization. They think that the removal of criminal penalties and strictly regulated sales will not lead to large increases in problematic cannabis use.

As the U.S. Senate considers the MORE act, we urge policy makers to be as proactive as possible to alleviate the suffering caused by criminal penalties for marijuana violations. Policy makers should consider how to limit the power and influence of an industry that will often argue against taxes, restrictions on advertising and promotion, and a purchase age of 21. The tools that can be used to reduce the harms associated with addicting substances have been studied for decades. Failure to use them will lead to a new addiction industry in the US.