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LEGALIZATION OF MARIJUANA IN CALIFORNIA.   Term Paper ID:29662 Click to get this paper

Essay Subject: Discusses decriminalization of the drug.... More...

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Paper Abstract: Discusses decriminalization of the drug. Controversy surrounding the passage of the 1996 Proposition 215 legalizing marijuana for treatment in selected medical conditions. Supreme Court's decision that California's law is not legal. Policy options available to California regarding legalization. Ongoing debate on topic. Recommends a single policy option: legalization only for medical purposes. Paper Introduction: Should Marijuana Be Legalized in California? Introduction In 1996, Proposition 215 was passed by a 56 percent majority of California voters who apparently believed that cannabis or marijuana should be legally available for use in the treatment of selected medical conditions (Who says you…, 2002). However, in a unanimous ruling in 2001, the United States Supreme Court declared that California’s law was at odds with a statute declaring that marijuana had no medical benefits worthy of an exception and that Proposition 215 would not be allowed to stand (Slade, 2001). Despite this ruling, California residents and elected officials continue to grapple with the issue of whether marijuana should be legalized in California, legalized for specific m Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. McCaffrey(1997) contends that the use of marijuana in small amounts appears to haveno long-lasting harmful effects and that it may have medical benefits thatare not fully understood. (2 2). Under the Controlled Substances Act, thepossession of even the smallest amount of marijuana can result in criminalpenalties of up to five years imprisonment and a $25 , fine (Slade,2 1). This pilot program offers an example, in the view of Shrinkman(2 1), of a policy that could benefit those individuals seeking marijuanafor medical rather than recreational use. We're on a perilous path. (2 2). Further, the decriminalization of marijuana will notresult in any necessary increase in the number of individuals losing drugs. Modern Healthcare, 31, 17+.Slade, D.C. Trevino and Richard (2 2) maintain that decriminalization will reduce theburdens on law enforcement officials and the criminal justice system andprovide an opportunity to move first-time or second-time offenders intotreatment or counseling options instead of incarceration. Available at www.hr95.org/Prop215.html. While there is a strong case to be made for eliminatingpenalties for marijuana possession and allowing people to grow their own,there is an equally strong case to be made for implementing controlledmedical studies and/or pilot programs to permit the medical use ofmarijuana by individuals with conditions known to respond positively tothis drug. Next,three specific policy alternatives will be analyzed in greater depth.Finally, the report will conclude with a recommendation for a single policyoption - legalization of marijuana for medical purposes in cases where aphysician or physicians agree that it will be beneficial.Background of the Problem The fiscal costs of California marijuana law enforcement escalateddramatically in the mid-196 s as predominantly young, White, and middleclass marijuana offenders flooded the criminal justice system (Aldrich &Mikuriya, 1988). (2 2). At the same time Maccoun and Reuter (2 2) do not recommend the fulllegalization of marijuana. The goal of any policy therefore, should be to finda middle ground in which the decriminalization of the possession andpersonal use of marijuana is matched by continued sanctions against largescale cultivation schemes and distribution systems and the use of medicinalmarijuana for selected cases (Maccoun & Reuter, 2 2). Thisposition is supported by the California Narcotics Officers' Association(2 2) which argues that any liberalization or legalization in marijuanalaw would return the problem back to its peak of the 196 s and 197 s whenCalifornia experienced the country's worst drug problem. Nevertheless, as Lowry (2 1) hascommented, marijuana is widely used and for the vast majority of its users,is nearly harmless. The policy issue to be addressed in this analysis is therefore ofsignificance and speaks to ongoing debate regarding the legalization ofmarijuana and/or the decriminalization of certain levels of marijuanapossession or distribution (Murdock & Feder, 2 1). However, in a unanimous ruling in2 1, the United States Supreme Court declared that California's law was atodds with a statute declaring that marijuana had no medical benefits worthyof an exception and that Proposition 215 would not be allowed to stand(Slade, 2 1). Insight on the News, 17(37), 4 -43+.Shrinkman, R. Supporting this view is the finding, reported by Lowry (2 1), thatthere is no evidence indicating that marijuana leads to the use of otherdrugs, is addictive, or is associated with a predisposition towardcriminality, health problems, school-related difficulties, and workproblems to any significant extent. Symposium: Pros and cons of marijuana legalization. The war over weed. Teenagers graduating from highschool in 1992 had a 5 percent lesser chance of using drug than those whograduated in 1979. Medical marijuana: The smoldering debate. In California, a number of "Cannabis Cultivators' Clubs" havecontinued to grow and sell medicinal marijuana to several groups of ill ordying individuals (Hammer, 1998). (2 1). The second possible policy alternative is the legalization ofmarijuana use for adults over the age of eighteen. (2 2). Aldrich and Mikuriya (1988) pointed out that when decriminalizationof limited amounts of marijuana possession for personal use was undertakenin California in the mid-197 s, felony arrests declined while misdemeanorarrests adjudicated at the police station level rather in the courtsincreased proportionately. (2 1). Overall, Lowry (2 1),speaking on behalf of those who favor decriminalization if not the overtlegalization of marijuana argues that the debate over this drug must beended soon in order to achieve a reasonable national posture on its use. It may also bebeneficial for patients with glaucoma, pain following surgery, andspasticity. California's voters have twice indicated that they favor legalizedmarijuana use in medical cases and that they also favor ongoing andenhanced decriminalization of marijuana use. The latest research described by Cloud (2 2) indicates thatmarijuana may be capable of providing certain real physiological benefitsfor individuals who have illness-related nausea due to chemotherapytreatment for cancer or for the effects of HIV/AIDS. The debate over legalization versus continued application of criminalsanctions is an important aspect of the policy debate. Attitudes towards drug legalization among drug users. Marijuana, heroin, and cocaine. California's interest in medical marijuana was the result of a beliefon the part of many state legislators and citizens that a sufficient bodyof evidence had been acquired that supported legitimate medical uses formarijuana (Who says you..., 2 2). With law enforcement officials and prosecutors in California firmlyopposed to the legalization of marijuana or to the medical use of thesubstance, the passage of Proposition 215 by a small majority of Californiavoters was somewhat surprising. Newsweek, 131(11), 32-34.Lowry, R. The next section ofthis report will discuss the background and history of the issue along witha discussion of the policy options and the interest groups involved. The American Prospect, 13(1 ), 25-29.McCaffrey, B. Newsweek, 129(5), 27+.Murdock, D., & Feder, D. Though there is no evidence suggesting that marijuanause leads to further illicit drug use, Cloud (2 2) is of the opinion thatblanket permission to use marijuana for medical or recreational activitiesis premature. Marijuana prohibitionists take the position that marijuana functionsas a sort of gateway drug that can lead users to experiment with or becomeaddicted to other illicit substances. (1997). Because this is the case, theCalifornia state government and those agencies directly involved inoverseeing drug policy must respond to the voice of the public. National Journal, 33(11), 8 8-81 +.Hammer, J. Frater (2 1) believes that the federal government has taken theofficial position that until a more substantial body of empirically validdata is available on the efficacy of medical marijuana use, it willcontinue to enter objections to such policies despite its willingness toparticipate in pilot programs regarding efficacy. These organizations - which admittedlyprofit from growing and selling marijuana - support legalized medical use.Interestingly, the health department in San Mateo County in California hasjoined with the National Institute of Drug Abuse and the United States DrugEnforcement Administration to investigate the feasibility of distributingmedicinal marijuana to AIDS patients in the county (Shrinkman, 2 1). (1998). (2 1). Slade (2 1) has noted thatunder federal law, no currently accepted medical use of marijuana isrecognized in the United States and there are no safety standards for itsuse under medical supervision. Time, 16 (19), 62+.Frater, E. Since then, in November 2 , Californiavoters also approved Proposition 36, mandating treatment instead ofcriminal penalties for all first-time and second-time nonviolent drugoffenders (Lowry, 2 1). Despite this ruling, California residents and elected officialscontinue to grapple with the issue of whether marijuana should be legalizedin California, legalized for specific medical use only, decriminalized, ormaintained on the books as an illicit substance for which criminalsanctions can be imposed if an individual or group is convicted of eithergrowing, distributing, or possessing this drug. Hammer (1998) believes that the decriminalization of marijuana offersthe best policy for ensuring that major commercial marijuana cultivatorsand distributors will continue to be arrested and tried as felons, whilefurther ensuring that individuals who grow marijuana for personal use orpossess small amounts for personal use will not become a burden on thestate or be forced into the criminal justice system. Position Paper on the Legalization of Marijuana for Medicinal Use. (1988). The policy options that are therefore available in California run thegamut from maintaining the status quo to the legalization of marijuana,decriminalization of certain levels of marijuana use and/or possession, andlegalized medical use of the drug. The third alternative available is the decriminalization of marijuanapossession within certain limits. About 6 percent of currentillicit drug users in 1998 used only marijuana, suggesting perhaps that theassociation between this drug and other drug use is not as strong as hasbeen suggested. Long-term heavy marijuana use itselfdoes not appear to negatively impact upon individuals to the degree thatchronic heavy alcohol use does. Marijuana is a Schedule I controlled substance that Congress hasdeclared to have a high potential for abuse. That the federal government isparticipating in this program represents a significant about-face for theagency. American Journal of Drug and Alcohol Abuse, 28(1), 98-1 9.Who says you can't change the world? Advocates oflegalization have criticized existing drug policy because itdisproportionately impacts upon a subpopulation of Americans who otherwisedo not participate in any criminal activity and are unlikely to usemarijuana as a "gateway" to the use of other drugs (Maccoun & Reuter,2 2). Thus, Cloud (2 2) asserts that a policy that permits themedical use of marijuana under controlled conditions should be carefullyconsidered. Not onlydoes decriminalization save valuable resources, it also preventsincarceration of selected offenders and reduces the stigma of arrest.Recommendation Based on the foregoing analysis, it is recommended that Californiacontinue its policy of the decriminalization of the possession of smallamounts of marijuana. A 1999 report by the Institute of Medicine of theNational Academy of Scientists found that in 1996, 68.6 million Americans(32 percent of those over the age of 12) tried marijuana or hashish atleast once in their lifetime. Is pot good for you? (2 1). Given that there is awealth of data indicating that 75 percent of all individuals who use orhave used marijuana never use any other illicit drug or become involved incriminal activity, Lowry (2 1) suggests that the legalization and controlof marijuana use in the same manner that both alcohol and tobacco productsare controlled is desirable at this point in time. Lowry (2 1) claims that rather than legalization, the Dutch model ofdecriminalization, which removes criminal penalties for personal use ofmarijuana, but retains prohibitions for street trafficking and masscultivation of the drug, should be adopted. The next section of thispolicy analysis will consider the remaining three possible policyalternatives and provide a rationale in support of those policies, usingdata available in the literature.Possible Policy Alternatives The first alternative is maintaining the status quo, which inCalifornia continues to position marijuana as a controlled substance, butwhich also includes law enforcement and judicial policy that allows forlimited possession and use and eliminates felony convictions orimprisonment for selected first-time and second-time offenders. Weed whackers - the anti-marijuana forces and why they're wrong. The California Narcotics Officers' Association (2 2)argues that this reduction was the direct result of intervention andprevention efforts. The Moscone Act of 1976, which legislated this change,resulted in a cost reduction for marijuana arrests of two-thirds. Shrinkman(2 1) indicated that though the federal government and the DrugEnforcement Administration maintain the position that the medical benefitsof marijuana are as yet unproven, there is some willingness on the part ofthe federal government to participate in sound research which would eitherprove or disprove this putative connection. World and I, 16(11), 56+.Trevino, R.A., & Richard, A.J. While it is possible that legalization mightreduce drug-related crime, it is also possible that it would lead to largeincreases in drug use. Should Marijuana Be Legalized in California?Introduction In 1996, Proposition 215 was passed by a 56 percent majority ofCalifornia voters who apparently believed that cannabis or marijuana shouldbe legally available for use in the treatment of selected medicalconditions (Who says you..., 2 2). Felony convictions soared at that time and then declinedin the early 198 s. These are the basic policyoptions that are available to California with respect to the legalizationof marijuana. Lowry (2 1) statedthat there are about 7 , marijuana arrests in the U.S. every year withabout 8 percent of those arrests for possession of the drug. Marijuana use plummets after the age of 34. Trevino and Richard (2 2) noted thatmarijuana is the most commonly used illicit drug, used by 81 percent ofthose who currently consume illegal drugs. At the present time, this policy has worked well toreduce the costs associated with the war on drugs and has prevented thestigmatization of many individuals who otherwise have no association withfelonies or other crimes and who do not participate in large-scalecultivation or distribution of marijuana. Journal of Psychoactive Drugs, 2 (1), 75-81.California Narcotic Officers' Association. A policy combiningenhanced decriminalization, expanded enforcement of the laws on felonioususe of the drug, and partnerships with the federal government to exploremedical uses of marijuana satisfy the interests of most of the key advocacygroups involved in this debate. (2 2). The Supreme Court has already struckdown legalized medical use of marijuana and Proposition 215 (Slade, 2 1).This would suggest that medical use of marijuana may not be the mosteffective policy shift at the present time. Nevertheless, the California Narcotics Officers'Association (2 2) believes that marijuana use is again on the rise,particularly among individuals who claim that they are using this substanceto alleviate certain medical problems or conditions - a property that thisorganization believes marijuana simply does not possess. (2 1). At the same time, it is possible thatProposition 215 represented what the California Narcotic Officers'Association (2 2) characterized as a first step toward the legalization ofall uses of marijuana. Savings in California marijuana law enforcement costs attributable to the Moscone Act of 1976. Others agree. At the other end of the spectrum are those argue that lackingcriminal sanctions, the use of marijuana will skyrocket once again, furtherstraining a law enforcement, judicial, and penal system that is presentlyoverburdened. At the same time, California should continue to work with the DrugEnforcement Administration as it is in the case of San Mateo County toexplore the potential for legalized medical marijuana use. This placesan undue burden on the law enforcement and judicial systems, requiring muchtoo much time, energy, and money to police and adjudicate individuals whoare likely to have no other association with crime. ReferencesAldrich, M.R., & Mikuriya, T. Joint effort in California is a first. Taps for medicinal marijuana. Californiahas many proponents of medical marijuana use who strongly believe thatdenying access to what may be an effective medical intervention forselected classes of medical patients is at best inappropriate and at worstinhumane (Frater, 2 1). Available at www.geocities.com/CapitolHill/39 4.Cloud, J. For these reasons, California should not pursue full legalization ofall types of marijuana possession and use and should continue with itspresent policies. Most marijuana users, says Lowry (2 1) are between the ages of 13 and25. Maccoun and Reuter (2 2) believe that choosing the best policy forthe United States consists of more than adding up the benefits and harms ofpolicies. National Review, 53(16), 4+.Maccoun, R., & Reuter, P. Although nine states as of 2 1 had provisions for using medicalmarijuana, the Drug Enforcement Administration (which licenses drugdistribution in the United States) has regularly threatened to prosecuteany physicians who prescribe or provide the drug to patients (Shrinkman,2 1). McCaffrey (1997) agrees that the legalization ofmarijuana would simply serve to introduce a new generation of Americans tomarijuana use and would also appear to provide legitimacy in support ofother drug use. In the 198 s, through the combined and concerted efforts of lawenforcement and prevention and treatment professionals, illicit drug use inCalifornia was reduced by 5 percent. California's unique misdemeanor system for thepossession of marijuana in small amounts generated substantial savings tothe public purse. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.