Both proponents and opponents of marijuana use (for recreation or for medical reasons) have made many arguments to support their perspectives on the legalization of marijuana. The arguments made on both sides of the legalization issue are often contradictory and can become confusing. This chapter looks at some of those arguments in closer detail.
Proposition 1: Marijuana Is Natural and Therefore Safe
Proponents
For many years, marijuana proponents have argued that marijuana is a natural substance and therefore does not pose health problems for users.1 Some research supports this and shows that marijuana seems to be a relatively safe substance for human consumption. For example, a UCLA research project indicated that there was some evidence showing that marijuana use may result in some kind of protective effect against cancer.2 More evidence that marijuana is not harmful was provided by researchers at the University of California at San Francisco, who published their results in the Journal of the American Medical Association. These researchers analyzed the medical records of more than five thousand users who smoked marijuana for more than twenty years. They discovered that the majority of people who used marijuana “moderately” did not experience any negative consequences to their pulmonary functions.3 Another study by the National Academies of Sciences, Engineering, and Medicine concluded that based on their evidence, smoking marijuana does not lead to an increased risk for lung, head, or neck cancer in adults.4
A 2015 longitudinal study of marijuana users also found that there were no long-term effects of marijuana use. The researchers interviewed people who had used marijuana at a young age, those who began later in their lives, and those who had never used it. Ten years after they had last used marijuana, the participants were questioned about their health. The findings indicated that there were no differences in physical or mental health among any of the groups. The researchers concluded that excessive marijuana use for long periods of time was not associated with any physical or mental health concerns later in life.5 However, concerns have been raised about the quality of this study, including the small sample size, the lack of sample representativeness, and missing data.6
Opponents
On the other hand, there is evidence showing that marijuana is harmful, and despite being natural, is not safe in the long term. There are many naturally existing substances that are not safe for humans to ingest, including nightshade and monkshood, which are both poisonous. Tobacco is a plant that can cause cancer and other ailments if used over time.
The results of medical studies support the contention that marijuana is harmful to users, particularly to those who use the drug at a young age or who use large amounts of the drug. Some of the studies have shown that marijuana use can lead to lung cancer. One 2013 study found that the risk of lung cancer in those who smoked marijuana over their lifetime increased later in life. The participants admitted to using marijuana when they were between the ages of eighteen and twenty. The findings indicated that those who described their marijuana use as “heavy” during that time had more than a twofold risk of developing lung cancer forty years later.7 Other studies with similar findings explain that marijuana smoke contains chemicals and tar (carcinogens) that are similar to those found in tobacco. When these are inhaled, they may irritate a user’s throat and lungs. Since a person inhales marijuana deeper and holds the smoke in the lungs longer, the impact may be even worse than tobacco.8
The World Health Organization (WHO) reported that marijuana smoke is twice as carcinogenic as tobacco smoke. They concluded that marijuana smoke causes carcinoma of a user’s lungs, larynx, mouth, and esophagus and can result in other chronic pulmonary diseases. It is common for carcinomas resulting from marijuana use to develop earlier in users when compared to cancers that are caused by tobacco smoke, according to the WHO. The WHO has also concluded that marijuana increases the risk of death in those who have existing heart disease. This is exacerbated because cannabis is now ten times purer than it was in the past, indicating that there can be potentially greater health risks to users.9
The results of other studies indicate that long-term use, especially by young users, may result in permanent changes in the brain, leading to decreased cognitive abilities or other adverse changes.10 Similar research shows that teens who regularly use marijuana report that they often experience problems related to memory, learning, and impulse control. One study that examined the attention span and memory of users and nonusers found that those who used marijuana over a longer period showed impairments in memory and attention spans. Additionally, those memory impairments remained after the person stopped using marijuana. For some people, the issues worsened over the years if it was used regularly.11
Additional research has found that there may be significant structural differences in the brains of people who use marijuana when compared to those who do not. Of course, the amount of brain impairment varies depending on the age of the user and the amount of drug consumed. Moreover, the effects are worse if marijuana is combined with alcohol or other drugs.12
More evidence of the effect of marijuana use on a user’s brain comes from experts at Northwestern University, who found brain changes in teenagers who used marijuana each day for three years when compared to teens who did not. Even two years after the participants stopped using marijuana (participants were then in their twenties), the users experienced problems with memory and other brain abnormalities. The results of the study showed that users who began using marijuana at a young age had even more changes in their brain and memory.13 Recent users (defined in this study as those who used within the past twenty-four hours) reported problems with learning and memory, as well as a shorter attention spans, even days after they stopped using. Marijuana use among teenagers impairs academic achievement and test scores and even their social relationships.14
It appears that the THC in marijuana may have harmful effects on the brain’s neurons. Studies show that THC kills the brain cells of newborn and adolescent rats.15 It is becoming clear that there may be a relationship between smoking marijuana that contains high levels of THC and damage to the white matter in the brain.16
Based on these findings, it is not surprising that other research shows that, for some users, marijuana use can lead to changes in a person’s IQ. Young people who used marijuana regularly during their teenage years can experience a decrease in their IQ score by an average of eight points over a twenty-five-year period.17 Results of educational achievement tests are slightly lower among users.18 Researchers reviewed the records of those who started using marijuana as teenagers and who developed an addiction to marijuana before the age of eighteen. Users’ IQ scores declined by eighteen points over time. Moreover, their IQ scores did not increase when they halted their marijuana use. Those who began using marijuana as adults did not experience the same decline in IQ scores.19
In a similar study, researchers administered IQ tests to adults who used marijuana as teenagers. According to the study results, users lost on average somewhere between six and eight points on their IQ score. The research also shows that those who quit using marijuana in adulthood did not recover those lost IQ points. It should be noted that similar research concluded that the loss of IQ points may be caused by factors other than marijuana use, such as genetics or family environment.20
Studies also find that marijuana use can affect the mental health of users. It has been linked to psychosis in some users, as well as earlier onset of schizophrenia.21 The more people use the drug, the higher the risk of developing these problems.22 In some people, marijuana use can cause symptoms of schizophrenia and other psychotic disorders. Other users experience depression and anxiety. Users may experience suicidal thoughts after using marijuana.23 Females who use marijuana regularly are more likely to suffer from anxiety attacks and depression.24
One study of marijuana use and mental health showed that those people who used marijuana, both at early and later ages, showed more signs of depression when compared to those who never used marijuana. This held true even when the level of education was held constant.25 For those who suffer from bipolar disorder, heavy marijuana use has been linked to stronger symptoms when compared to nonusers.26 It has also been reported that heavy marijuana users are more likely to report thoughts of suicide than those who do not use.27 Some have linked marijuana use with symptoms of attention deficit hyperactivity disorder (ADHD). It should be noted that some studies have shown that marijuana use does not lead to an increase in mental health problems.28 The relationship between marijuana use and depression or other mental health problems may be because people who use marijuana heavily tend to have lower brain responses to dopamine, a chemical associated with pleasant feelings. A study of heavy users found that they had weaker responses to a stimulant (methylphenidate) that increases dopamine in the brain, as compared to people who did not use marijuana.29
In some cases, marijuana use may affect a person’s heart. A study carried out between 2003 and 2013 on 33,343 men and women, users and nonusers, found that marijuana use affects the heart’s inner lining up to ninety minutes after it is used. A user’s heart rate increases up to three hours after they smoked. Use increases the risk of heart attack by up to 5 percent.30 Those who use marijuana have a higher risk of developing stress cardiomyopathy, a weakening of the heart muscle. Use can cause tachycardia and reduce blood flow to the brain. Marijuana use is reported to be a risk factor for cardiovascular disease in young adults. Users can experience sudden cardiac death, stroke, transient ischemic attack, and marijuana-induced arteritis.31 It should be noted that the evidence linking marijuana with heart attacks and stroke is unclear.32
Marijuana use has been linked to pulmonary symptoms including chronic bronchitis, daily or intense coughing, and the overproduction of phlegm (which seems to go away if the person stops using).33 Many users report inflammation of the large airway, irritated bronchial tubes, increased airway resistance, and lung hyperinflation. Moreover, smoking marijuana may increase a user’s chances of contracting pneumonia because of THC’s immune suppressing effects.34
Marijuana use by pregnant women increases the risk of low birth weight35 or brain problems and behavioral difficulties. Babies born to women who smoked marijuana have a higher pitched cry and are more likely to tremble. Children born to women who used marijuana had an increased chance of being diagnosed with neuroblastoma, a form of cancer.36 However, other studies indicate that the evidence linking cannabis use during pregnancy with cancer in the child is only minimal.37
More recent studies have linked marijuana use by male adolescents and testicular cancer.38 It is also thought to reduce the sperm concentrations in men.
Summary
It is still not known if marijuana is safe to use. There is evidence to indicate that there are some negative and detrimental effects of marijuana use, especially long-term use, particularly to young users. It is probably less harmful than other drugs, but it may not be harmless, especially for young people or heavy users. Continued research is needed to know if there are harmful effects of marijuana use.
Proposition 2: Marijuana Has Medical Benefits
Proponents
Marijuana proponents claim that marijuana is a safe treatment alternative for a variety of medical conditions. Supporters present evidence that marijuana has medical benefits for many patients and can be used to decrease symptoms associated with many ailments including pain, glaucoma, diabetes, cancer, Alzheimer’s, ADHD, migraines, HIV/AIDS, multiple sclerosis, post-traumatic stress (PTSD), Alzheimer’s disease, nausea, epilepsy, and Crohn’s disease, among others.39
Some research has, in fact, found medical benefits of marijuana use. Cannabidiol, a compound in marijuana, seems to have antioxidant effects and works as an anti-inflammatory that may be beneficial to those with Crohn’s disease or multiple sclerosis. Another study confirmed the positive effect of giving cannabidiol daily to 137 people (their average age was eleven) who had been diagnosed with epilepsy and who suffered from seizures. At the end of the twelve-week study, the number of seizures experienced by the study participants dropped in half.40 Results of another study on 171 patients showed that 44 percent of patients who were given a drug based on purified cannabidiol had a significant reduction in the number of their seizures.41 Similar positive findings resulted from a study by a research team at New York University’s Langone Medical Center.42
Emerging evidence seems to show that marijuana can be an effective treatment for those who suffer from addiction to opioids. The findings are preliminary and yet to be proven. It has also been reported that marijuana may be helpful to those experiencing withdrawal symptoms associated with alcohol abuse, but there is no scientific evidence to support that claim.43
Studies suggest that marijuana has a “modest” effect on adults who suffer from nausea and vomiting resulting from chemotherapy, chronic pain, or symptoms of spasticity related to multiple sclerosis.44
Opponents
Opponents challenge the claim that marijuana has medical benefits. They point out that there is no scientific or medical proof that marijuana is a useful treatment for disease. A great deal of the evidence that marijuana has medical value is anecdotal. Many users have described how marijuana has helped with different ailments, but many medical professionals report that these effects are overblown.45 The medical benefits of marijuana have not been extensively researched or proven to be safe and effective for adults or children by the Food and Drug Administration (FDA) or the medical community.46 The FDA has not conducted randomized, large-scale clinical trials that have found medical benefits for patients. Many of the ailments for which people use marijuana cannot be tested objectively.47
Some studies currently are underway to determine if there are medical benefits to marijuana, but research is sometimes hampered by federal legislation, specifically the Controlled Substances Act, which classifies marijuana as a Schedule 1 drug. As a Schedule 1 drug, the government has identified marijuana as having no accepted medical benefits. The law also limits a researcher’s access to marijuana, which is needed to do the research. Some scientists have worked to get marijuana reclassified as a Schedule 2 drug so that it would be easier to access marijuana and carry out studies. One of those groups supporting this recommendation was the National Academies of Sciences, Engineering, and Medicine.48
Some evidence suggests that there are no medical benefits of using marijuana—in fact, there may be negative effects of use, as described earlier.49 In one study, funded by the U.S. Department of Veterans Affairs, scientists reviewed previous research on the effects of marijuana on PTSD patients. They found insufficient evidence that marijuana use helped patients suffering from the condition. In fact, they noted that patients with PTSD who have agitated states or problems associated with anger management may be at a higher risk for serious consequences if they experience adverse effects from using marijuana. However, the authors conclude that more research is needed in this area.50
Another study by the U.S. Veterans Affairs reviewed previous research on the effects of marijuana use for patients with chronic pain, pain from multiple sclerosis, and cancer. The results indicated that some patients experienced pain relief, on average, a 30 percent improvement. When looking at long-term pain relief, the study found that there was some reduction in pain intensity over a one-year period, but the effect was small and not clinically significant. For patients with multiple sclerosis, the researchers found insufficient evidence to support the use of marijuana for pain. The same was true for those suffering from pain related to cancer. On the whole, the report indicated that there was limited evidence of the potential benefits of marijuana use for chronic pain.51
Nonetheless, some patients who suffer from chronic pain turn to marijuana as a treatment. There is not much known about the efficacy, dose, administration methods, or possible side effects of this treatment option.52 Part of the problems is that the amount of THC in marijuana differs from plant to plant, and it has been increasing in recent years.53 This makes it difficult to administer a consistent dosage of the drug as a medical treatment.
Because so little is known about the benefits or dangers of using marijuana to treat medical conditions, most recognized professional medical organizations, including the American Medical Association (AMA) and the American Cancer Society, have issued warnings against using marijuana for medical reasons. Its use has also been opposed by the American Society of Addiction Medicine, the American Glaucoma Foundation, the National Multiple Sclerosis Society, the American Academy of Pediatrics, the American Psychiatric Association, and the American Academy of Child and Adolescent Psychiatry.54
Proposition 3: Legalization Will Lead to Increased Quality Control and a More Consistent Product
Proponents
If marijuana is made legal, proponents argue, there would be more oversight of the product that is sold. It could be regulated to maintain safety and quality standards for users as well as to provide for more consistent amounts of THC in the plants. Regulation will ensure the product’s strength is more reliable and that there will be no additives or chemicals on the plant. Buyers would know the strain they are using and the level of THC in the product they purchase in order to provide the effect they seek. Moreover, increased oversight will help to prevent young people from having access to the drug.
Proponents also argue that marijuana should be regulated in the same way that alcohol is currently regulated. In this market, private companies are permitted to manufacture, produce, distribute, and sell the product, but they are regulated by state and federal governments. Those who manufacture, produce, or sell alcohol must apply for a special license from the government and follow rules. If they violate those guidelines, they face punishment and possible license revocation. The government regulates who can purchase alcohol, sell it, and use it, and the circumstances under which they may do so. Marijuana could be treated the same way. States or cities would regulate who would be permitted to grow the plant, how much could be grown, and who could process, sell, and buy it. They can also regulate where marijuana could be used.
Opponents
Opponents of legal marijuana point out that there will be a lack of consistency and quality in legal marijuana despite controls regulating the manufacturing process. Plants contain different amounts of THC (thus, the potency also differs) regardless of the oversight placed on grow sites. It is virtually impossible to guarantee consistency since marijuana is a natural plant. This becomes a concern if a patient is using marijuana to treat a medical condition and is seeking a particular effect. Establishing a consistent dosage for patients is difficult when the strength of the drug varies.
Moreover, opponents claim that regulation may not result in less accessibility for young people. Even though most states require patients to obtain a recommendation from a physician and to carry an identification card, it has been shown that it is easy for nonpatients to obtain medical marijuana cards. In Colorado, only about 20 percent of marijuana sales are to people with legitimate medical conditions.55 This means marijuana is easy to obtain even where it is regulated.
Proposition 4: Marijuana Users Cannot Overdose on Marijuana
Proponents
An overdose occurs if a user ingests too much of a drug and experiences serious reactions, including death. Marijuana proponents argue that there have been no overdoses resulting from use of marijuana. Generally, when people smoke marijuana, they feel the effects immediately and know when to stop using it.
Opponents
Overdoses have occurred after a person ingested too much of an edible marijuana product. Though there have been no deaths as a direct result of marijuana use, many users have experienced serious reactions that could be considered an overdose. Some users experience psychotic reactions such as anxiety, paranoia, and hallucinations after ingesting too much THC.56 This can often lead to violent behavior. The Centers for Disease Control and Prevention (CDC) reported twenty-six deaths from marijuana between 1999 and 2007, which were categorized as mental and behavioral disorders resulting from the use of marijuana.57 The FDA found that that there were “at least some deaths” in patients who used marijuana around the time they died. They indicated that in these cases, marijuana was not the primary cause of death.58
Reportedly, an eleven-month-old infant died from ingesting marijuana in 2015, the second year that marijuana was legal in Colorado. The autopsy found a high concentration of THC in the child’s urine. His heart failed from a condition called myocarditis, inflammation of the heart muscle. This may have been the first pediatric death to occur as a result of marijuana.59
Many edible products contain significant amounts of THC, which may be dangerous for users with little experience using marijuana or those who have not used the drug in a while. These users may not understand that it takes much longer to feel the effects of the drug when it is consumed orally rather than smoked. Consequently, some users continue eating when they do not feel the immediate high, leading to a serious negative reaction.60 Opponents of legal marijuana argue that the number of accidental overdoses will increase if marijuana is legalized and more readily available. They also point out that in states where marijuana is legally sold, there is increased risk of unintentional use by children who can easily overdose on small amounts of THC.61
It is also thought that the chances of a user experiencing an overdose from marijuana may increase because many strains of marijuana being sold today contain more THC than marijuana sold in the past. The THC content of marijuana seized by law enforcement has risen since 1970 from an average of 3 percent to around 7 percent or 8 percent, with some reporting levels up to 20 percent. The effects of using this marijuana are much different. The higher THC levels increase the risk of an overdose, particularly by users who are new to the edibles scene.62
Proposition 5: Marijuana Is Not Addicting
Proponents
Supporters of marijuana legalization report that marijuana is not an addictive substance. They point out that many people use marijuana only occasionally and have no problem stopping. The majority of marijuana users do not experience withdrawal symptoms when they stop using the drug, nor do they crave the drug if they do not use it regularly. Very few users need to continue using the drug in order to stave off withdrawal symptoms. Consequently, it is clear that marijuana is not an addictive drug that results in a biological or psychological dependence. Supporters say that if users stop using marijuana even after a period of heavy use, they will more than likely not experience symptoms of withdrawal.63
Opponents
It is safe to say that for some people marijuana is addictive. Those with addictions to marijuana are said to have “marijuana use disorder” (sometimes referred to as “cannabis use disorder”) and describe feeling dependent on the drug. Upon halting use, addicts often experience withdrawal symptoms such as anxiety, irritability, depression, mood changes, nightmares, and/or insomnia within a few days. Other symptoms include a lack of appetite, restlessness, cravings, headaches, and other discomfort. The symptoms usually appear about a week after the user stops and last about two weeks.64 It is estimated that 2.7 million Americans were dependent on marijuana in 2009 and 1.7 million could be considered to be abusing marijuana; 4.4 million met the criteria to be considered to be dependent on it.65
According to some reports, those who use marijuana with greater frequency are more likely to develop “problem” marijuana use. Further, people who use marijuana when they are younger are more likely to develop problem marijuana use.66 Other reports indicate that using marijuana can cause dependence in about 10 percent of occasional users and between 50 to 90 percent of more frequent users.
Some studies have found that certain individuals are more likely to become addicted than others. For example, people who have been diagnosed with ADHD were about three times more likely to report using marijuana. Additionally, they are one and a half times more likely to have symptoms of marijuana abuse disorder.67 Users with some form of mental illness or who have a genetic predisposition to addiction are more likely to have symptoms of marijuana addiction.68 Youths who use marijuana regularly become addicted to marijuana about twice as often as adults. Young marijuana users are four to seven times more likely to experience marijuana use disorder when compared with older users.
It is thought that about 9 percent of users will become addicted to marijuana, and approximately 30 percent will experience some symptoms of marijuana use disorder. Some reports estimate that about one in ten users will experience symptoms of marijuana addiction.69 Young people (those who use before age eighteen) are more likely to become addicted or dependent than older users. The younger a person is when he or she begins using marijuana, the more likely he or she will become addicted.70 Young people may become addicted more rapidly than adults because their brains develop so rapidly.71
The number of marijuana users who sought assistance from specialists has doubled in the past ten years.72 Agencies and clinics that treat those addicted to marijuana report that more adolescents are seeking treatment for marijuana than for alcohol and all other drugs combined.73
Proposition 6: Legalized Marijuana Will Decrease Crime Rates and Prison Overcrowding
Proponents
It has been argued that legalizing marijuana will result in more crime because increased drug use lowers users’ inhibitions toward increased violence. It has been proposed that use may increase feelings of paranoia, leading to violence, or that a person suffering withdrawal symptoms may react violently. However, this does not appear to be the case. One study showed that crime rates in states where marijuana was legal actually had lower crime rates than those states that still ban it. Researchers compared crime rates for both property crimes and violent crimes from 2010 to 2014 in states that changed their laws and those that had not. They found that the crime rates were higher in those states where marijuana was illegal. However, the difference was not statistically significant.74 Another study found similar conclusions: there was no evidence of a connection between legalization of medical marijuana and crime rates.75 Much of the violence associated with drugs, the black market, and gangs relates to harder drugs, not marijuana.76 It has been estimated that the legalization of marijuana could save $7 billion in costs related to law enforcement.77
In counties near the border of Mexico, researchers found that there was a “significant” decrease in violent crime, including murders, robberies, and aggravated assault after medical marijuana laws were passed. It was argued that since users could purchase marijuana legally, the drug trafficking organizations that supply marijuana were less active, leading to a decrease in crime.78
In addition to reducing crime, many proponents of legal marijuana contend that laws permitting marijuana use will reduce prison populations and overcrowding that exists in many state prisons. Fewer offenders will be sent to prison for drug offenses, leading to a decrease in prison populations. Some estimate that about 20 to 25 percent of inmates currently incarcerated are serving time in prison for violating drug laws. The Federal Bureau of Prisons estimates that about half of federal inmates in 2014 had been sentenced for committing drug-related offenses.79
Opponents
Some agree that marijuana use results in more crime. This assessment was backed by U.S. drug czar Gil Kerlikowske and a study led by his office. The results showed that 80 percent of males arrested in Sacramento during the study period tested positive for drugs, most often marijuana. In fact, marijuana was detected in more than 50 percent of the males who were arrested. When arrestees were tested in other major cities (New York, Atlanta, Chicago, and Denver), researchers found similar results.80
A long-term study confirmed the link between marijuana use and crime. Researchers followed male marijuana users for a fifty-year span, finding that users were seven times more likely to commit violent crimes than nonusers. They explained the findings by pointing to the changes in brain function that result from long-term use, especially in young people.81
One study found that a parent who used marijuana in the past year was more likely to have engaged in physical abuse. Moreover, in those areas where there was a greater density of storefront marijuana dispensaries, there was more frequent physical abuse of children. In other words, those who use marijuana engage in physical domestic abuse more often than those who do not use marijuana.82
Opponents also agree that legalizing marijuana will not reduce the number of inmates in prison. They point out that a more careful analysis of prison populations makes it clear that only about 8 percent of inmates in prison were sentenced for violating marijuana laws. Very few offenders are arrested, convicted, and sentenced to prison for long periods for violating marijuana laws.83
It is reported that the majority of inmates are first-time drug offenders who have been arrested and convicted of drug crimes. However, they were not sentenced to prison for violating the laws banning marijuana use but instead for testing positive for drug use while on probation or parole. Most offenders are prohibited from using illegal narcotic drugs, and many “test dirty” for drug use when arrested for other crimes and return to prison.84 In essence, they are not in prison for violating laws on possession or distribution, but for violating probation.
When any illegal behavior becomes legal, the number of people punished for that behavior will decrease. But simply legalizing marijuana may not reduce prison overcrowding. Those offenders who are serving sentences resulting from drug-related crimes will not be released from prison once the laws change. They must remain in the facility until their sentences are completed. In order for prison populations to decrease, politicians (i.e., governors or the president) must pardon current inmates.
Even if fewer people are sent to prison for violating existing laws on marijuana, people will be convicted of new crimes and sent to prison. For example, there will be new laws regarding grow operations and dispensing marijuana, and there will be people who violate these laws and will be sent to prison for those offenses. States will simply replace one type of drug offender with another.
Proposition 7: Marijuana Is Not a Gateway Drug
Proponents
For many proponents, marijuana is not a gateway drug that causes a user to turn to harder, or more serious, narcotic drugs. The majority of marijuana users will not use other more harmful drugs. According to the Marijuana Policy Project, 107 million Americans have tried marijuana at some point, but only 37 million have tried cocaine. Most users will use only marijuana and not progress into more serious drugs.
Opponents
Opponents of marijuana legalization say that marijuana is a gateway drug and that many people who use marijuana are likely to abuse other illegal substances.85 Evidence from the American Council for Drug Education supports this, reporting that young people who smoke marijuana are up to eighty-five times more likely to use cocaine than those who do not.86 Other studies show that marijuana use likely increases the risk that a person will develop a dependence on a substance other than marijuana.87
A public opinion study of marijuana use found that those who smoked marijuana in the past reported that they were more likely to use marijuana again if they could purchase it legally. The authors of the study suggest that this finding means that legalization “could be a gateway for return to marijuana use among those who have not used in the past year.”88 They suggest this could be the result of decreased stigma and the lessened possibility of legal action.89
Legalization of marijuana will also lead to an increased number of users, according to some. In fact, people living in states where marijuana has been decriminalized are 16.2 percent more likely to smoke marijuana than those living in states where marijuana is illegal.90
Proposition 8: Marijuana Legalization Will Eliminate the Black Market
Proponents
Proponents argue that legalized marijuana will eliminate the black market production, sale, and distribution of marijuana, replacing it with a legal industry. Users will purchase marijuana from legal dispensaries because the drug is regulated and safe to use. They will no longer buy the product on the street.
Opponents
On the other hand, opponents of legalization claim that legalized marijuana will not eliminate the unauthorized or illegal sale of marijuana. A black market will continue to exist in those places where marijuana is made legal. The taxes on legal sales of marijuana increase the prices, which may make it cost prohibitive to many buyers, who will turn to illegal marijuana, which is not taxed and is therefore much cheaper. Moreover, the black market is attractive to young people who do not meet the age requirements to purchase legal marijuana. In states where recreational marijuana is still illegal, buyers will remain loyal to the black market.
In an analysis of marijuana sales in Holland, where marijuana has been quasi-decriminalized, it is estimated that two-thirds of the marijuana sales occur outside the area where it is legal and regulated (i.e., in the coffee shops). It has been suggested that it could be impossible to sell marijuana in a legal, regulated, and taxed manner to undercut the sales made on the illegal black market.91
A study by the RAND Corporation shows that only about 16 percent of a drug cartel’s income is related to the sale of marijuana. Most of their money is made by trafficking in other illegal drugs including cocaine, methamphetamine, and heroin. In fact, the United Nations estimated that about one-third of marijuana used in the United States is produced inside the United States, which is up from one-sixth. This means that the United States relies on Mexican imports of marijuana less than it did in the past.92 If the cartels are blocked from selling marijuana, they simply will sell other drugs or engage in other activities such as the sex trade.93 So legalizing marijuana use would not decimate the cartels nor stop the violence associated with these organizations.
In order to eliminate the black market for marijuana, officials in states that have legalized marijuana should require a portion of the profits from marijuana sales to be spent on preventing marijuana from being accessible to underage youth. Unfortunately, this does not seem to be the case. One study showed that marijuana use was higher and youth’s perception of its riskiness was lower in states with legalized medical marijuana.94
Proposition 9: Tax Revenues Will Increase after Marijuana Is Legalized
Proponents
Some argue that the push for legalization by the states is largely due to the profits and taxes that can be made on sales of marijuana. It is clear that there have been dramatic increases in revenue to the states in which legal marijuana sales are taxed, allowing those states to easily balance their budgets. In fact, this already has happened in states where marijuana sales are already legal and taxed, such as Colorado. Financially, the states where marijuana is legal have made a tremendous amount of money from the sales of the drug. Tax revenue from Colorado are listed in table 4.1.
Table 4.1. Colorado’s Tax Revenue from Marijuana
|
Sales Month |
Total |
Medical |
Recreational |
|
October 2016 |
$3,304,756 |
$982,998 |
$2,321,758 |
|
November 2016 |
$2,980,227 |
$949,280 |
$2,030,946 |
|
December 2016 |
$3,217,201 |
$914,206 |
$2,302,994 |
|
January 2017 |
$3,056,541 |
$872,813 |
$2,183,728 |
|
February 2017 |
$3,534,708 |
$1,111,314 |
$2,423,393 |
|
March 2017 |
$3,692,930 |
$1,076,901 |
$2,616,029 |
Source: State of Colorado, Department of Revenue. “Marijuana Tax Data.” www.colorado.gov/pacific/revenue/colorado-marijuana-tax-data.
This information shows that Colorado’s budget revenue has increased due to the sale of marijuana. Similarly, economists in Oregon estimated that the state revenue will be bolstered by about $210 million in taxes through the middle of 2019.95 Nationally, marijuana has become the largest retail cash crop across the nation in recent years, greater even than corn, soybeans, and hay.96 A report from the U.S. State Department in 2005 shows that the cultivation of domestic cannabis in the United States totals about ten thousand metric tons each year, which is more than twenty-two million pounds. This is approximately ten times the amount produced throughout the early 1980s.97 It is also estimated that the national retail value of domestic marijuana sales could be as high as $113 billion annually, which is close to that of alcohol (which is legal and advertised).98 The sales of marijuana are predicted to increase yearly as indicated in table 4.2. This clearly shows that there will be a massive growth in profits from the sale of marijuana, both recreational and medical, in the future.
Table 4.2. Projected Marijuana Sales
|
Year |
Recreational (billions) |
Medical (billions) |
Total (billions) |
|
2016 |
$1.8 |
$2.2–2.7 |
$4–4.5 |
|
2017 |
$2.6–2.9 |
$2.5–3.2 |
$5.1–6.1 |
|
2018 |
$3.8–5.0 |
$2.9–3.8 |
$6.7–8.8 |
|
2019 |
$5.4–7.3 |
$3.1–4.3 |
$8.5–11.6 |
|
2020 |
$6.4–8.6 |
$3.7–5.1 |
$10.1–13.7 |
|
2021 |
$7.1–10.3 |
$4.8–6.8 |
$11.9–17.1 |
Source: Chris Walsh (2017, May 17). Presentation. Marijuana Business Conference and Expo.
Legalized marijuana also provides employment opportunities for thousands of people. This includes not only those directly involved in marijuana sales, such as growers, manufacturers, bakers, and retail sales employees, but also those in the secondary market, which includes those involved in the tourism industry, those who sell growing equipment, those who provide security to grow sites, realtors, restaurant owners, lawyers, CPAs, branding and marketing experts, advertising agents, those who manufacture products to transport the plants, distributors, compliance agents, labeling printers and experts, contractors, landlords, equipment sales, security, insurance agents, light, air, heat, water, grow medium, nutrients, planters, harvests, drying, storage, packaging, bookkeeping, office assistants, personnel, trimmers, and many, many others. In early 2017, there were more than 120,000 full-time, legal jobs in marijuana-related businesses.99 The number of employees in the cannabis industry is estimated to be between 165,000 and 230,000.
Opponents
States with legal marijuana have all struggled with how to tax the sale of the product. If officials set high taxes, it may limit people from purchasing the product (and thereby consumption of it) simply because it raises the cost. On the other hand, if taxes are set too low, the state will lose money. Low taxes also might result in increased use by juveniles and others who should not use it, since the cost will be lower and more affordable.100
Although tax revenues will increase in places where marijuana sales are taxed, there will be new costs, as well. New laws will be established related to oversight of growing operations, dispensary operations, or use of the drug, which did not exist before. Law enforcement must enforce the laws and arrest those who violate the laws. Thus, the costs will be transferred to new offenses.
There also may be increased costs associated with health care. Some users will become addicted and need treatment. Others may suffer permanent brain damage or impaired brain development, which will require long-term assistance. Some users may be diagnosed with depression or schizophrenia related to their drug use or even participate in criminal behavior. There will also be an increase in those who drive impaired, become involved in domestic violence, and are unable to find jobs. It will become necessary to provide additional social programs, which cost a lot of money.101 Although many of the costs associated with marijuana legalization are still unknown, there is no doubt that there will be additional costs that will burden state budgets, which will offset the high tax revenues from the sales of marijuana.
Proposition 10: Marijuana Should Be Rescheduled
Proponents
Proponents argue that marijuana should be recategorized as a Schedule 2 drug. As a Schedule 1 drug, marijuana is not recognized as having medical benefits. The drug is strictly regulated and banned from use by patients. As a Schedule 2 drug, it could be tested to determine medical benefits and possible side effects. Proponents argue that rescheduling marijuana would result in a more accurate reflection of the safety of the drug, as well as its pharmaceutical and chemical characteristics.
Some proponents of legalization view the push for rescheduling in a different light and do not want marijuana rescheduled. They point out that the ever-growing marijuana industry exists only because marijuana is a Schedule 1 drug. If it were rescheduled, it would be then be considered a pharmaceutical drug by the federal government and the FDA, resulting in studies to determine its effectiveness as a drug, proper dosing, and possible side effects. Marijuana would no longer be sold in dispensaries and instead would be sold only through pharmacies. It would be under the auspices or authority of the FDA, which would regulate and limit its use and sale.
Opponents
Opponents of marijuana legalization seek to retain marijuana’s Schedule 1 designation. They believe that the potential social costs related to marijuana use outweigh any potential benefits. The social costs impact the lives, education, and careers of people who are arrested and sentenced for marijuana-related offenses. Each year, thousands of people are harmed by marijuana. Their personal relationships with family and friends are affected; some even lose their housing and employment.102
Conclusion
There are many arguments made in support of marijuana legalization, but just as many exist to maintain its current status as an illegal substance. The arguments on both sides can be confusing, which is made worse by evidence that seems to support both sides. More research will help the public understand the possible risks and dangers of recreational and medicinal use of marijuana.