Decriminalization of drugs in the United States

DEFINITION: Decriminalization refers to a reduction in or an elimination of the criminal classification or status of any activity considered a criminal offense. Decriminalization of drugs specifically refers to reducing or eliminating legal restrictions placed on the possession, distribution, and use of illicit substances, most notably marijuana.

Overview

For much of the twentieth century and into the twenty-first century, the United States has been engaged in a pronounced effort to stop the flow of illicit substances into the country, to curb the use of such substances, and to reduce the number of crimes related to their use. This effort has been characterized as the War on Drugs.

Increasingly, however, many activists have called attention to the belief that this “war” has thus far proved ineffective at best and even counterproductive in reducing drug-related crime. In response, a substantial movement in favor of the decriminalization of drugs has developed and turned the question of the appropriate legal status of illicit substances into a hotly debated issue in contemporary politics.

At the center of this debate is marijuana, one of the most widely used drugs. According to a 2023 Gallup poll, nearly half of Americans have experimented with marijuana. Proponents of decriminalization argue that marijuana is a largely harmless substance that has been unjustly maligned in the arena of public opinion and should thus be legalized.

Opponents of the decriminalization of marijuana argue that marijuana is potentially as harmful as other drugs and that its legalization would only encourage more drug-related crime and other social problems. Further intensifying this debate is medical marijuana, which has benefits for persons with certain ailments and diseases. To fully understand the debate over the decriminalization of marijuana and other drugs, it is critically important to view the issue from both sides of the argument and carefully study the potential benefits and consequences such legislation would likely have. Early in 2017, the Task Force on Crime Reduction and Public Safety was formed under Attorney General Jeff Sessions to explore options with regard to marijuana policy. Options ranged on a spectrum from a total crackdown on state policies in the for-profit commercial regime in states that have legalized marijuana and medical marijuana, to legalization at the federal level. According to some sources, when a report was submitted by the task force in the summer of that year, it did not include new policy recommendations but instead largely aligned with policies already in place.

Arguments for Decriminalization

According to an 2023 Gallup poll, 68 percent of Americans are in favor of legalizing the use of marijuana, a record number. Those in favor of decriminalizing marijuana argue that the legalization of its use would be beneficial in many ways.

Among the chief and often most persuasive of these arguments is the belief that decriminalization would save governments and law enforcement agencies much money. The enforcement of laws related to marijuana costs states an estimated $3.6 billion annually, according to the American Civil Liberties Union (ACLU). Proponents of marijuana decriminalization argue that legalizing marijuana would eliminate these costs, thus allowing for the reallocation of these funds for other, more useful purposes, including taxpayer savings.

To some extent, this theory of cost reduction has been proven. By 2023, thirty-eight US states and the District of Columbia had legalized medical marijuana for medical purposes, while twenty-four states had legalized it for recreational use. In California, which legalized the recreational use of marijuana, reports showed that the state saved close to $30 million annually—funds that would otherwise be used to prosecute small-time marijuana offenders. Legalization has also been shown to bring in revenue. In Colorado, the state brought in $423 million in tax money from legal marijuana sales in 2021 alone, while money from legal sales and marijuana-related tourism also poured into the economy. The state has sold more than $12 billion in marijuana since it became legal in 2014 and has collected more than $2 billion in taxes.

In addition to highlighting the potential financial benefits of the decriminalization of marijuana, proponents also frequently target what they see as misconceptions about the drug’s use. First and foremost, to counter the claim that decriminalization would likely result in a dramatic upsurge in the number of marijuana users, proponents respond by arguing that marijuana is already a widely used drug, with about 20.3 million people using the drug at least once per month, according to combined 2012 to 2014 data compiled by the National Survey on Drug Use and Health (NSDUH). The NSDUH released a report in 2022 indicated that almost 61.9 million Americans twelve and older had used marijuana in the past year.

Proponents also point out that those who use marijuana often do so responsibly, and without dependence. For example, whereas most people who use alcohol or tobacco generally consume these addictive substances daily, most marijuana users consume marijuana on a monthly or weekly basis only. This, supporters claim, shows that marijuana is not as addictive as alcohol or tobacco and is not as likely to lead to abuse or dependence. In addition, according to a survey conducted by the Pew Research Center in February 2014, 69 percent of Americans questioned said that they thought alcohol was more was worse for health than marijuana.

Another common concern many people have about the decriminalization of marijuana or other drugs is that decriminalizing drugs might lead to an increase in crime. Proponents of decriminalization, however, argue that this concern is based on a misconception, one that is based primarily on the belief that because many people who have committed crimes have also used drugs that drugs must directly cause people to commit criminal acts. Proponents of decriminalization say that drug use is only one of many factors that leads people to crime and should not be considered a sole cause.

In addition, studies have shown that marijuana is the least likely of the major illicit drugs to result in criminal activities of any kind (alcohol, on the other hand, has been implicated in a significant percent of violent crimes in the United States). Persons who are high on marijuana are unlikely to become violent.

Finally, proponents of decriminalizing marijuana also argue that doing so would, to some degree, lighten the workload and general burdens of the criminal justice system. Though the number of marijuana-related crimes is relatively low in comparison with other types of crime, the elimination of these cases would reduce the workload of police and the courts, free up much needed space in correctional facilities, and save the criminal justice system, governments, and taxpayers money. In fact, in Colorado, where recreational marijuana was legalized in 2014, robberies decreased in Denver from 2013 to 2014.

It also is important to note that the proponents of decriminalization support the legalization of marijuana for medicinal purposes. Research has shown that marijuana does improve the painful symptoms of certain illnesses. While medical marijuana had become legal in many states by the end of 2023, it was still illegal at the federal level. This has left many people without access to medical marijuana and those who provide it legally at the state level vulnerable to federal intervention. Marijuana supporters often strongly believe that, even if marijuana were not decriminalized for recreational use, it should be legalized for those with a legitimate medical need for the substance.

Opposition to Decriminalization

For all those who support the decriminalization of marijuana and other drugs in the United States, there are a significant percentage of people who oppose decriminalization, though according to a 2021 Gallup poll, public opinion is changing rapidly. According to Newsweek, in 2021, 66 percent of American voters favored decriminalizing drugs. In 2020, Oregon became the first state in the country to approve a measure that decriminalized the personal use and possession of small amounts of all drugs, including hard drugs such as cocaine and heroin. Opponents cite a variety of reasons why such legislation would fail and, possibly, lead to even larger social concerns.

Opponents of decriminalization argue that legalizing marijuana would lead to a significant increase in drug use across the United States. They also believe that decriminalization would lead to an increase in the number of teenagers who experiment with marijuana, a claim that proponents refute (arguing that only a minimal, if any, increase in use would occur among teens).

Finally, opponents argue that marijuana is a gateway drug and that legal use of the substance would eventually lead to an increase in the use of harder drugs. However, proponents refute this claim also, claiming that statistics show the rate of usage of harder drugs is much lower than the rate of use of marijuana, which suggests that most marijuana users never move on to more dangerous substances.

Another argument made regularly by opponents is that decriminalization would cause a dramatic increase in the crime rate. They believe that the majority of those crimes labeled as drug-related are actually crimes committed by persons under the influence of a mind-altering substance, and are not committed as part of the sale of drugs. There is also the fear that increased availability will lead to an upsurge car accidents with drivers operating under the influence of marijuana. There is not yet a good way to measure marijuana intoxication levels, like there is with alcohol and breathalyzer tests, though studies are underway to create such tests because driving under the influence of marijuana is illegal in all states, including those where consuming the drug is legal. Opponents believe that legalizing a drug will not stop related crimes.

Opponents also argue that drugs should remain illegal because of the medical issues surrounding drug use. In answer to the claim made by proponents of decriminalization that legalization has economic advantages, opponents argue that any financial savings incurred would be offset by increased expenses related to health costs, traffic and industrial accidents, decreased productivity, domestic violence, and other issues. Finally, in regard to medical marijuana, those who oppose decriminalization, even for persons with legitimate medical conditions, argue that there exist safer alternatives to marijuana, some of which use the same ingredients found in marijuana itself.

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