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the cooperative encyclopedia on the legalization of cannabis.
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This article is about legalization of cannabis in the United States: the effects on society, how laws will need to be changed, how law enforcement will be affected, and how the economy will be affected.
Throughout this Wiki, cannabis will be referred to as marijuana in the recreational sense, hemp in the industrial sense, and cannabis in the general sense.
So far, three legalization bills have been proposed and are presented and analyzed here: California's AB 390, Massachusetts' Senate 1801, and Oregon's OCTA. Except for its excessive $150 to $250 dollar per ounce tax, the Massachusetts bill seems the best thought out, and seems to lay the best groundwork for creating the model bill. It was presented through Massachusetts' Initiative and Referendum prosess. A model bill proposal is currently in the works.
Why legalize marijuana? Better to ask "Why is marijuana illegal?”
Someone commented on a blog story about the legalization debate opening up in Mexico: "It's not a hard drug, it causes less loss of impairment than alcohol which is legal, it has beneficial uses for a lot of sick people, and all it does is mellow people out and help them relax, so what is it about the natural plant that is so bad? Why is it if a person is caught using or growing it that all of a sudden that person is deserving of being locked up in a metal cage and having their future ruined? Why? Any answers?"
Cannabis is not a physically addictive substance. Over 40 million people in the US have tried marijuana, and yet there are not 40 million marijuana addicts in the US. In fact there are no marijuana addicts, though there may be some stoners who have become psychologically dependent.
"Amotivational Syndrome" is largely a myth. Heavy users may experience some amotivation, especially if they are adolescent, but adults who use marijuana responsibly do not. And again, everyone won't even have a chance to be affected because everyone won't be using marijuana. To see some successful, well adjusted marijuana users, take a look at the Cannabis Consumers Campaign website.
Alcohol releases inhibitions; slows down information processing; and inhibits thought processes. Because of this, people often do foolish things on alcohol. Also, the chances of disease or death from alcohol consumption might be something one may consider.
Marijuana does slow down information processing a bit, but it doesn't release inhibitions and it makes people more cautious rather than more foolish. Marijuana is a mellowing, relaxing psychotropic. And besides, it's non-addictive and doesn't tear down the body and the brain the way alcohol does. Last but not least, smoking, eating or vaporizing marijuana has never killed anyone.
Some people think the dangers of marijuana use are so high, that if we legalize it we shouldn't let them participate in a Universal Health Care scheme. But using marijuana is far less dangerous to health than being overweight, smoking tobacco, drinking alcohol, riding a motorcycle, etc. So no, we may not deny health services to marijuana users.
Sin taxes are usually levied against substances to compensate for harmful effects on society. For example, in theory the sin tax on alcohol compensates for the ravaged bodies, the increased domestic violence, and the traffic accidents caused by alcohol. But marijuana has very little harmful effect on society.
Excessive taxes will ensure the continuation of a black market in marijuana. If an extra tax must be set, the goal should be to maximize revenues relative to the cost of enforcement.
The current cannabis market in the US is estimated to be about $100 billion, about 35% is grown domestically[1]. That spending is all in the underground market, unavailable for taxation.
When prohibition is ended the entire industry will be brought into the legal economy. It will include farming, production, packaging, distribution, marketing, and retail, at least. The value of the cannabis sold in the US will not be $100 billion as it is now, a large part of that price is due to prohibition - it's a risk premium. But neither will cannabis be dirt cheap, it's not that easy to grow a decent crop, the market will determine a range of quality and prices.
The end of prohibition on cannabis will also bring the end of prohibition on hemp. Hemp is cannabis which is grown for industrial purposes rather than recreation. Hemp plants can be used for fiber, pulp, oil, and food. Hemp will be a new multi-billion dollar industry unto itself.
Today over a trillion dollars worth of cannabis is grown each year illegally worldwide under a variety of conditions. Some is hydroponically grown indoors, some is farmed out of doors. In Afghanistan, for example, cannabis is grown in the open on private or public land. In California, outdoor cannabis farms are often found in protected nature reserves where they despoil the land and cause erosion.
When cannabis is legal, cannabis farming will be done on legal farmland, or in legal indoor grow operations. People could also grow their own, in gardens or indoors, but most will prefer to buy it.
Farming for recreational and medicinal cannabis could employ up to 50,000 workers across the US [2].
Today, most cannabis is packaged for distribution and sale in plain plastic. For distribution it sometimes comes in plastic wrapped bricks, sometimes in large plastic bags. For sale it is placed loosely in plastic bags of various sizes.
After the end of prohibition, cannabis packaging will be more professional and that in turn will require design and production services. Wholesale sizes still won't require much, but retail packaging would be an industry unto itself. Package and print design for a wide range of sizes and types of cannabis would be necessary.
Currently cannabis is distributed primarily by private truck or automobile from the sources of production directly to dealers in cities and communities. The cost of distribution is part of the legal economy, since vehicles and gasoline are bought on the open market.
In a post-prohibition economy, distribution would mostly be by corporate distribution services providers, and would be via truck, train, or aircraft. These would sometimes include carriers such as UPS, FedEx, DHL, etc., but would also include smaller transportation outfits. Distribution would be direct to residences and retail outlets, or it might include a stop at local distribution centers.
Today, retail cannabis sales are on the black market by small business people, sold without regulation to friends and acquaintances. When it's legal, states may have to follow their alcohol sales models, at least initially. Some states only sell alcohol at state liquor stores or bars and restaurants. In most states you can buy alcohol at privately owned liquor stores and grocery stores. Many states have a patchwork quilt of sales prohibition, where some areas allow consumption but not sales of alcohol.
Cannabis grown as hemp will have industrial divisions similar to those of recreational/medicinal cannabis.
Hemp will be grown as any other crop on farmland, though one could hope that hemp farming could start afresh and eschew the intensive use of chemicals and soil eroding techniques.
Hemp has so many uses, sometimes it seems like a good idea to hold back a few so people won't think you're exaggerating.
Hemp fiber has long been known to make excellent rope and canvas stock. In the early 1600s, "must grow" laws were often passed on the American colonies to grow hemp for the British Empire. During the War for American Independence, the US government enacted "must grow" laws, so important was hemp rope and canvas to the function of the navy and militia.
Hemp is more easily and safely processed into paper than wood, and it yields about four times as much pulp per acre.
Hemp seeds are nutritious with quite a lot of protein and important oils. Hemp seeds can be ground into meal or flour, made into nut butter of hemp milk, and used in a variety of ways for food.
Hemp oil contains a number of essential fatty acids, including the familiar omega oils.
Hemp oil can easily be converted to biodiesel or other fuels. The first Diesel engine was designed to run on filtered hemp oil.
Legalization would require major changes to laws and regulations on at least five levels of government in the US. The Federal government is the prime mover in all cannabis laws, but each state also has its own. Some states' laws regarding cannabis are fairly simple, some are more complex.
The main legislation driving all cannabis prohibition in the US is the Controlled Substances Act of 1970. The CSA works through placing substances into one of five schedules, where each schedule has its own set of regulations and rules. "Marihuana" is currently listed as a Schedule I drug, erroneously placing it among the most dangerous drugs available. Removal of cannabis from the CSA is as simple as getting the DEA to remove "marihuana" and THC from the CSA schedules.
Proceedings to add, delete, or change the schedule of a drug or other substance may be initiated by the Drug Enforcement Administration (DEA), the Department of Health and Human Services (HHS), or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a state or local government agency, or an individual citizen.[3]
Each state has different laws regarding cannabis production, sales, and consumption. This is where the bulk of the work of legalization will take place. Fifty states with fifty very different sets of laws creates a lot of inertia for changing those laws. Many legislators won't want to bother with the onerous burden of reforming their own drug laws unless there is a clear chance that these changes will be accepted.
If the Federal government changes its laws first, then it will be up to each of the 50 states to decide how their laws will change, if at all. Some may decide to continue with prohibition at least for a while. This happened after the Prohibition Amendment was repealed.
Any state which changes laws before the Federal laws are changed will face resistance from the Federal government. This is another obstacle, any legislator wishing to legalize cannabis in their state will be inviting a confrontation with the Federal government, and most legislators don't have the courage to do that.
Tom Ammiano of California has introduced a bill for the legalization of marijuana in his state.[4] At the time of this writing, no action has yet been taken by the California Assembly.
The state of Massachusetts has also introduced a bill for legalization.
The State Laws Categories page leads to statutes and codes for each state.
Localities may want to follow the alcohol model with regard to sales of cannabis, as mentioned earlier, and the tobacco model with regard to its consumption. Many localities have smoking ordinances to restrict where tobacco may be smoked, these laws could easily be expanded to include cannabis as well.