Eight Things That Do (or Don't) Happen When We Legalize Marijuana [FEATURE]

The great social experiment that is marijuana legalization is now five years old, with six states already allowing legal marijuana sales, two more where legal sales will begin within months, and yet another that, along with the District of Columbia, has legalized personal possession and cultivation of the herb.

As a number of state legislatures -- including Connecticut, Delaware, New Hampshire, New Jersey, New Mexico, and New York -- seriously contemplate joining the parade this year, it's more important than ever to be able to assess just what impact marijuana legalization has had on those states that have led the way.

The prophets of doom warned of all manner of social ills that would arise if marijuana were legalized. From hordes of dope-addled youths aimlessly wandering the streets to red-eyed carnage on the highway, the divinations were dire.

So far at least, they were wrong. And while things will doubtless continue to evolve over the long term, as the industry matures, prices possibly drop, regulations change, and familiarity with legal marijuana grows, so far things are looking pretty encouraging. A report released Tuesday by the Drug Policy Alliance, From Prohibition to Progress, takes a long look at what has happened in the states have legalized it:

1. Marijuana arrests plummeted.

Well, of course. If there's one thing you could predict about legalizing marijuana, this is it. The decline in the number of pot arrests is dramatic: 98% in Washington, 96% in Oregon, 93% in Alaska, 81% in Colorado, 76% in DC. That means tens of thousands of people not being cuffed, hauled away, and branded with lifelong criminal records, with all the consequences those bring.

The savings in human dignity, liberty and potential are inestimable, but the savings to state criminal justice and correctional systems are not: The report puts them at hundreds of millions of dollars.

2. …But the racial disparities in marijuana arrests have not ended.

While marijuana legalization dramatically reduces the number of people arrested for marijuana offenses, it clearly does not end racially disparate policing. The vast disparities in marijuana arrests remain, even in legal states. Black and Latino people remain far more likely to be arrested for marijuana offenses than white people, despite similar rates of use and sales across racial groups. There is work to be done here.

3. A tide of teenage weed heads is not unleashed upon the nation.

High school kids in the earliest legalization states smoke pot at rates similar to kids in states that haven't legalized it, and those rates have remained stable. In the later legalization states, rates of teen use vary widely, but have mostly stabilized or declined in the years leading up to legalization. And in those latest states -- Maine, Massachusetts, Nevada, California -- regulatory programs are either not yet in place or so new they're unlikely to have effected youth use rates.

4. The highways remain safe.

In the earliest legalization states, Colorado and Washington, the total number of arrests for driving under the influence of alcohol and other drugs is down, and the crash rates in both states are statistically similar to states that haven't legalized it. In fact, there seems to be no correlation between legalization and crash rates.

5. States with legal marijuana have lower rates of opioid-related harms.

In Colorado, an upward trend in overdoses began to decline after 2014, the first year of retail pot sales in the state. Other positive indicia come from medical marijuana states, which report a nearly 25% drop in overdose death rates, a 23% reduction in opioid addiction-related hospitalizations and a 15% reduction in opioid treatment admissions.

6. Marijuana tax revenues are big -- and bigger than predicted.

Legalization states have collected more than a billion dollars in pot tax revenues -- and that's not counting the monster market in California, where recreational sales just began this month. Likewise, slow rollouts of taxed and regulated marijuana commerce in Maine and Massachusetts, mean no tax dollars have yet been generated there. In the states that do have legal pot sales, overall sales and tax revenues quickly exceeded initial estimates.

7. Marijuana tax dollars are going for good things.

Like $230 million to the Colorado Department of Education in two years to fund school construction, early literacy, school health, and bullying prevention programs. Likewise, schools in Oregon get 40% of the pot taxes and schools in Nevada will get $56 million in wholesale pot tax revenues. Oregon also allocates 20% of pot taxes for alcohol and drug treatment, while Washington kicks in 25%. In Washington state, 55% of pot tax revenues fund basic health plans.

8. Legal marijuana is a job creation engine.

The legal marijuana industry has already created an estimated 200,000 full- and part-time jobs, and that's before California, Maine, and Massachusetts come online. As marijuana moves from the black market to legal markets, weed looks like a growth industry and job generator for years to come.

"Marijuana criminalization has been a massive waste of money and has unequally harmed black and Latino communities," said Jolene Forrman, staff attorney at the Drug Policy Alliance and author of the report. "This report shows that marijuana legalization is working. States are effectively protecting public health and safety through comprehensive regulations. Now more states should build on the successes of marijuana legalization and advance policies to repair the racially disparate harms of the war on drugs."

In addition to reforming police practices to reduce racial disparities, the report also says there is more work to be done on fostering equity within the marijuana industry and points to models for doing so, such as the California provision that having a prior drug conviction can't be the sole basis for denying a marijuana license.

Having places where people can actually smoke legal marijuana also remains an issue, the report noted. Public consumption is not allowed in any of the legal states. It's a ticketable offense in some and a misdemeanor in others. Public use violations are also disproportionately enforced against people of color, and the imposition of fines could lead to jail time for poor people unable to pay for the crime of using a legal substance.

And what about the kids? The report notes that while legalization has generally resulted in reducing historically high numbers of young people being stopped and arrested for pot offenses, these reductions are inconsistent, and in some circumstances, young people now comprise a growing percentage of marijuana arrests. A model could be California, where kids under 18 can only be charged with civil infractions.

Legalizing marijuana may be necessary for achieving social justice goals, but it's not sufficient for achieving them. As this report makes clear, how we legalize marijuana matters, and that's still a work in progress. But so far, it's looking pretty good.

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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great article! It would be

great article! It would be helpful if the author(s) included links to some of the data that is being listed.

Continuing street sales to minors

The good news should not surprise us. We know that America is not just dying to get high, and that with adult use toleration and experience it is logical to expect even increases in responsible use and decreases in such ills as DUIs. But, the good news obscures an inconvenient truth. Adolescents are more vulnerable to addiction than adults and it is among them, according to CASA that 90% of adult addictions originated. As a result nearly 200,000 new substance disorders form among minors each year. Commercializing and taxing cannabis does nothing to curtail adolescent access to street marijuana, because it utterly fails to put street peddlers out of business. We need to rethink retail store sales and consider a more controlled dispensary system that can deliver the products substantially cheaper than street prices. And, we need to  avoid taxation that keeps prices too high to drive out the illegal dealers. There is no reason adults cannot enjoy cannabis products without the commercialization approach so detrimental to so many of our youth.

more controlled dispensary system vs. retail stores

What sort of thing did you have in mind?  Liquor stores are retail stores, as are pharmacies & tobacconists.  I don't imagine home delivery by common carrier would be more controlled than face-to-face over the counter.  Usually "dispensary" means in this context a retail store for filling medical prescriptions of cannabis for therapy.  If it's "commercialization" you object to, what's the alternative, dispensation of cannabis at no charge by people who'd be paid by some other means?

controlled dispensary system

In my book, Kill the Drug Trade and on my website http://www.finchdiablog.com, I detail a workable dispensary system that does not operate like a liquor store. Remote ordering (phone or internet) is allowed to registered adults and safe drugs are delivered directtly to the user--the same way you can get your prescriptions filled in the U.S. by a Canadian pharmacy.

Cannabis, please

The technical term is cannabis. Using the racially tinged, politically motivated slang term plays into opponents' hands. Like calling alcohol "hootch" or "booze" upon every reference. Cannabis please!

Sounds like Sabetian 3rd way obfuscation

Commercializing and taxing cannabis does nothing to curtail adolescent access to street marijuana, because it utterly fails to put street peddlers out of business.

And prohibition does? Soi long as prohibtiion exists, a minor's unrestricted access to cannabis remains.  Also, as long as prohibition exists nationwide, the artificially high cost of cannabis enables equally high black market  profit.

Re-legalization nationwide will eventually cause the price to drop precipitously, to liquor store levels. Which will, in turn, lead to shrinking illicit profits, causing many 'peddlers' to leave the market.  Black market cannabis 'peddlers' will be relegated to the same economic and social fringe status as moonshiners are today, one step away from becoming museum exhibits.

There will never be a 100% effective policy of exclusivety regarding keeping re-legalized cannabis out of the hands of minors, just as there is none for keeping alcohol out of the hands of minors. But enforcement of existing laws with regards to preventing alcohol sales to minors has proven highly effective in reducing that access; the same result can be assumed of a legal cannabis market. 

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