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Medicinal Marijuana Laws and Changing U.S. Drug Policy
Commentators are speculating that the time is ripe to overhaul federal drug policies and consider decriminalization as a viable alternative to the current war on drugs.
May 21, 2010 /Pharmaceutical PR News/ -- New Jersey 14th State to Pass Medicinal Marijuana Law
This past January, former Gov. Jon Corzine signed bill S. 119 into law, legalizing the use of marijuana for medicinal purposes in New Jersey. Under the state law, New Jersey residents can legally possess up to two ounces of the drug so long as they have a valid prescription from a licensed physician for the treatment of one of the pre-approved illnesses or diseases. Currently, this list includes cancer, glaucoma, HIV/AIDS, multiple sclerosis, Lou Gehrig's disease, Chron's disease, seizure disorders and inflammatory bowel disease, among others.
In passing S. 119, New Jersey joined 13 other states in legalizing the use of medical marijuana. While far from a majority of states, some see the efforts to legalize the use of marijuana at the state level, even for limited medical purposes, as signaling a larger shift in U.S. public attitude and official government policy towards drug use.
However, this shift may only be occurring at the state level as the U.S. government continues to show a reluctance to depart from the failed war on drugs policies of the 1980s.
Changing American Perceptions on Drug Use
In a 2009 Gallup poll, 44% of Americans polled said that they supported the legalization of marijuana. The approval rate was even higher for Americans under age 50. Another poll conducted by Zobgy found 52% of those polled believed that marijuana should be legalized, taxed and regulated by the government.
This upcoming November, California will be the first state in the country to vote on legalizing marijuana for adult recreational use. The state sees the potential tax revenue generated by legalization as a way to provide a much needed capital injection into the struggling state economy. Polls of California residents have shown that 56% support legalizing the drug.
However, despite the growing support at the state level for medicinal marijuana laws and the slowly rising public support for broader legalization, the federal government has not taken steps to decriminalize marijuana. While the Obama Justice Department announced that it would no longer prosecute medicinal marijuana users in states where the practice is legal, the DOJ has refused to go any further.
President Obama's drug czar, Gil Kerlikowske, has said that the federal government will not entertain a broader decriminalization policy for personal marijuana use. Kerlikowske also said it was unclear at this point how the federal government will respond if California voters approve the November measure to legalize recreational marijuana use.
Decriminalization Policies Adopted By Other Countries
In response to why the U.S. government will not consider decriminalization, the federal drug czar remarked:
"Essentially, we know that with legal alcohol and legal tobacco, history shows that if it's legally available, use will increase... If you have a greater number of users, you have an increase in social, health care and criminal costs."
This position does not support what has been found in other countries that have pursued decriminalization policies. For example, Portugal legalized the personal use of all drugs in 2001, making it the only Western country in the world to do so. Many predicted that this move would result in an increase in the rates of drug abuse and create a public health crisis in the country. But this did not happen. Instead, the country's decriminalization policy has had no adverse effect on drug usage rates and the anticipated public health crisis never occurred.
Other countries, including Argentina, Brazil and Ecuador, currently are pursuing their own drug decriminalization policies in light of Portugal's success. Mexico recently decriminalized the possession of any drug, so long as the amount is small enough to indicate it is for personal use only.
Current U.S. System Not Working
After more than 20 years in the war on drugs, the only certain thing is that U.S. prisons are overflowing with low-level drug offenders and that the country is no closer to finding a solution for drug abuse and addiction than it was before. Moreover, the true targets of federal drug laws - the high level, sophisticated traffickers - generally are not the ones caught and brought to justice. In addition:
- The U.S. has the highest incarceration rate of any country in the world - including China. Low-level drug offenders make up an overwhelming portion of this population.
- 60% of those serving time in a state prison on drug-related charges have no history of violence, nor were they involved in any significant selling or trafficking activity.
- Each year more than 700,000 people are arrested for marijuana possession.
Though the current administration has admitted the drug policies of the past are not working and something needs to be done, the Obama Administration is not any closer than its predecessors to adopting a federal drug decriminalization policy. But if states continue to adopt medicinal marijuana laws, and if broader recreational use measures like the one in California are passed, things may soon change.
Article provided by Law Offices of John W. Tumelty
Visit us at www.johntumeltylaw.com
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