Marijuana Legalization/Decriminalization Andrew Lay Griffin

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Marijuana Legalization/Decriminalization

• Andrew Lay
• Griffin McElwee
• Rachel Burriss

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History
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Early History of Cannabis

• 6000 B.C. Cannabis seeds used for food in China
• 1271-1295 Marco Polo first brings the use of
  hashish to Europes attention after his Journeys
• 1840 Medicinal preparations of cannabis are made
  available in the United States
• 1906 Pure Food and Drug Act is passed,
  regulating the labeling of products containing
  Alcohol, Opiates, Cocaine, and Cannabis, among
  others

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Early History Continued

• 1915-1927 Cannabis begins to be prohibited for
  nonmedical use in the U.S., especially in SW
  states...California (1915), Texas (1919),
  Louisiana (1924), and New York (1927)
• 1936 Propaganda film Reefer Madness made to
  scare American youth
• http//www.youtube.com/watch?vL1jB7RBGVGk

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Uniform State Narcotic Act (1925-1932)

• Argued that the traffic of narcotic drugs should
  have the same safeguards and regulation in all
  states
• By 1930 all states had some regulation of
  cannabis ? Federal Bureau of Narcotics formed for
  regulation

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1937 Marijuana Tax Act

• Due largely to the efforts of businessmen, most
  notably Randolph Hearst, who feared that hemp
  would replace timber in the cheap manufacture of
  paper
• Levied a tax equaling roughly one dollar on
  anyone who dealt commercially in cannabis
  products
• Did not directly criminalize the possession or
  use of cannabis

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History of Mandatory Sentencing in the United
States

• The Boggs Act of 1952 and the Narcotics Control
  Act of 1956 made a first-time cannabis possession
  offense a minimum of two to ten years with a fine
  up to 20,000
• 1963 Bureau of Narcotics (subsidiary of the
  Department of the Treasury) and Bureau of Drug
  Abuse Control (sub. of the Department of Health)
  combine to form the Bureau of Narcotics and
  Dangerous Drugs (sub. of the Department of
  Justice)
• Mandatory sentencing repealed again in 1970

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Reorganization and Strengthening of Policy

• On July 1, 1973, the Bureau of Narcotics and
  Dangerous Drugs combined with the Office of Drug
  Abuse Law enforcement to form the Drug
  Enforcement Administration (DEA)
• The Comprehensive Crime Control Act of 1984 under
  the Reagan Administration created the Sentencing
  Commission
• The Anti-Drug Abuse Act of 1986 reinstated
  mandatory prison sentences and a three-strikes
  law which created mandatory life sentences for
  repeat drug offenders

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Where we stand as of April 20th 2010

• Grey not legal
• Light green medicinally legal
• Medium green Decriminalized
• Dark green Both

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Pros and Cons
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Pro Legalization/Decriminalization

• Marijuana is widely used despite laws (NORML)
• Marijuana is far less dangerous than alcohol or
  tobacco (The Lancet)
• Enforcement is expensive (NORML)
• Possibility to collect tax revenue (NORML)
• Enforcing prohibition results in a vast number of
  arrests (NORML)
• Marijuana legalization would put an end to the
  crime, corruption, and violence associated with a
  black market (NORML)

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Pros Continued

• Prohibition denies medical cannabis to the tens
  of thousands of patients who could benefit from
  its use (NORML)
• Approximately 98 of the marijuana destroyed by
  the costly Domestic Cannabis Eradication/Suppressi
  on program is actually hemp (NORML)

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Anti Legalization/Decriminalization

• While marijuana may be safer than other drugs, it
  is not by any means harmless (Partnership)
• Marijuana is the primary drug of choice among
  most teens seeking treatment for a drug problem
  (Partnership)
• Legalization may lead to more people driving
  under the influence (Proposition)
• Marijuana may be a gateway drug (Partnership)
• Claims of Marijuanas medicinal value are
  oftentimes unfounded (Partnership)

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Should the federal government have the right to
enforce anti-drug legislation?

• Interstate commerce clause
• Many argue, on the other hand, that, while the
  drug trade is most definitely interstate commerce
  that should be regulated, the federal government
  should not have the right to set minimum
  punishment levels for individual users
• In addition, others argue that the issue should
  be left entirely up to the states

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Interest Groups

• Pro National Organization to Reform Marijuana
  Laws (NORML) has a PAC
• Con Partnership for a Drug Free America

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Democratic Party

• Most members take neutral or pro stance
• Obama administration against
• They support many different forms of
  legalization, decriminalization, and medical use.

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Republican Party

• The vast majority of the party opposes
  legalization.
• Some members endorse decriminalization and
  legalization with taxation.
• Some take the libertarian view point on the issue.

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U.S. Marijuana Party

• Founded in 2002, party takes libertarian stance
• We are Americans, and WE do not piss in a cup
  for anyone
• Complete legalization of marijuana
• Believe government is creating genocidal war on
  drugs, and that drug wars will cause more harm
  than the drug itself.

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Public Opinion
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Views on LegalizingBy Party
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Legal or Not?
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Legalizing and Taxing in Your State?
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Recent Developments
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United States vs. Oakland Cannabis Buyers
Cooperative

• 2001- United States vs Oakland Cannabis Buyer's
  Cooperative- Followed up Proposition 215
• May 14, 2001- The Supreme Court voted in favor of
  the governments belief that Marijuana should be
  an illegal narcotic.

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Gonzales vs. Raich

• 2005- Gonzales vs Raich- The supreme court voted
  6-3 in favor of the Commerce Clause of the United
  States

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Assembly Bill No. 390 (2009)

• February 23, 2009, Assembly Bill No. 390 -
  California- The Marijuana Control and Regulation
  Act.

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California Proposition 19

• November 2nd, 2010
• Proposition 19, the Regulate, Control, and Tax
  Cannabis Act
• Most recent attempt at the legalization of
  Cannabis

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