History of Drug-Related Offenses Enforcement

The federal government of the United States began controlling the use or sale of illicit substances in 1914. At that time, bans were based on the connections a drug had with immigrant or minority communities. In the 1930s, the U.S. began to impose criminal penalties for narcotics, particularly cocaine. Marijuana, heavily and negatively associated with Mexican immigrants, became illegal under federal law with the passage of the Marijuana Tax Act in 1937. In the 1970s, the U.S. government cracked down on marijuana because of its association with the Vietnam War protests and the anti-establishment “counterculture.” Nixon declared a “War on Drugs” in 1971 and illicit substance criminalization peaked in the 1990s. Recently, state governments have begun to decriminalize marijuana. While the federal government has yet to change its official stance, it has also not taken any steps to intervene with state decisions.

Statistical Data

Throughout the era of marijuana criminalization, poor and minority communities have faced the most stringent policing, despite similar rates of drug use across all groups. Black individuals were over three times as likely as white individuals to be arrested for marijuana offenses. In states that have decriminalized marijuana use, minority groups are disproportionately charged with the offenses that remain illegal (such as unlicensed selling or underage use).

According to a 2021 Pew Research Center survey, 60% of American adults believe that marijuana should be legal for both medical and recreational use, and an additional 31% say it should be legal only for medical purposes. Support varies by race, age, and political affiliation. Young people, political moderates, and liberals are more supportive of marijuana legalization, while older people, Asians, and conservatives tend to express more opposition.

Arguments for Legalization of Marijuana

Advocates for the legalization and decriminalization of marijuana often point to how such changes would ease the strain on the U.S. criminal justice system and reduce incarceration rates by freeing those who have been incarcerated for drug-related offences, a majority of whom belong to poor and/or minority groups. With many American prisons overcrowded, advocates are calling for a solution that would decarcerate nonviolent offenders and reduce socioeconomic disparities between races caused by the United States’ history of targeting Black and Brown communities with drug-related arrests. 

In addition, pro-legalization activists point to the high costs and low rewards of enforcing marijuana bans. Even as a growing number of states have turned to legalization or decriminalization, FBI data shows that 40% of U.S. drug arrests in 2018 were for marijuana-related offenses, with 92% of those just for possession. According to studies of youth in the U.S. and Australia, prohibition does not deter people from using marijuana. In a 2019 Gallup poll, 93% of supporters of legalization agreed that law enforcement budgets and personnel could be better utilized in response to violent offenses rather than victimless crimes.

Furthermore, pro-legalization forces argue that the legalization of marijuana would deter drug syndicates who have benefited from secrecy and shadows. When drugs like marijuana are prohibited, producers and dealers can charge more and settle disputes with violence, knowing that their consumers cannot turn to law enforcement for help. Legalizing marijuana would allow consumers to charge bad actors in the criminal justice system without fear of incarceration. It would also allow a legal marketplace to grow, which is regulated for safety.

Legalizing marijuana also allows for the taxing the sale of marijuana. According to the Urban Institute, Colorado and Washington (some of the earliest states to legalize) now receive hundreds of millions of dollars in tax revenue annually from marijuana sales equating to almost 1% of their annual revenue. In 2020, California raised almost a billion dollars from marijuana taxes.

Arguments Against Legalization of Marijuana

Many detractors are not convinced that legalizing marijuana would be beneficial—for American society or the criminal justice system. Anti-legalization forces strongly believe that legalization of marijuana would not alleviate stress on law enforcement resources, but rather open up new avenues of danger. According to a 2019 Gallup poll, 91% of legalization’s opponents are concerned about an increase in car accidents due to driver intoxication. This possibility is likely to put a strain on law enforcement officers, courts, and jails, as well as reduce public safety. Opponents believe  marijuana use leads to the use of stronger, often illegal drugs, which remains a criminal offense. In addition, opponents say legalization comes with its own set of regulations and criminal offenses. They point out that states and cities would have to pay to train officers to identify violations and then provide funding to actually enforce the new rules if marijuana-related crime is to be legalized. Opponents also disagree with activists with respect to impact on drug syndicates, arguing that legalization would merely open up a new black market.

It seems likely that states will continue to legalize and decriminalize marijuana. Nineteen states have already passed laws that legalize and regulate the cannabis industry, four of which were enacted in 2021. In addition, possession of marijuana has been legalized or decriminalized in thirty-two states and in Washington, D.C. 

Image copyright DISA, June 2021