Marijuana Decriminalization

The decriminalization of marijuana refers to various worldwide efforts at the local and federal level to reduce or eliminate criminal penalties for the possession, sale or cultivation of marijuana. In the United States, many proposals regarding marijuana decriminalization focus on eliminating jail time for the possession of small amounts of marijuana and making such possession punishable only by fines.¹ On July 30, 2008, Massachusetts representative Barney Frank proposed that the United States end federal penalties for possession of less than 100 grams (approximately a quarter pound) of marijuana.²

Fast Facts

1. In most cases, decriminalization would make possession of marijuana an offense punishable by a fine similar to that given for a traffic infraction³
2. Many states have already decriminalized the possession of small amounts of marijuna⁴
3. States that have decriminalized possession for personal use: Alaska, California, New York, Maine, Mississippi, Nevada, Oregon, North Carolina, Minnesota, Ohio, Nebraska, Colorado⁴
4. Barney Frank has introduced a bill to decriminalize marijuana possession at the federal level²

Decriminalization Pro

Advocates of decriminalization argue that police will be freed up to concentrate on more serious offenses if the possession of marijuana is made a minor infraction. Furthermore, advocates maintain that the prohibition of marijuana causes more social and criminal problems than marijuana itself causes. Lastly, advocates argue that marijuana prohibition has no effect on the rates of marijuana use and decriminalization, conversely, does not lead to increased marijuana use.³

Decriminalization Con

Opponents of the decriminalization of marijuana argue that very few inmates in state prisons are incarcerated solely for marijuana possession. By the same token, opponents point out that most males arrested in the United States have drugs in their system at the time of arrest and that marijuana is the drug most often detected. They also argue that THC levels in marijuana grow higher every year, increasing the potency of the drug and the social and criminal problems associated with it. Lastly, opponents argue that emergency room visits for marijuana have tripled between 1994 and 2002.⁵

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