Law Enforcement/Security Professionals
Although there are a variety of perspectives within many fields regarding the legalization of marijuana, those engaged in law enforcement or other legal professions tend to have a unique perspective. This perspective, in some ways, is informed by their experiences. Students, on the other hand, tend to have very different opinions. This chapter analyzes opinions on legalization from respondents in law enforcement, legal professions, and students.
How Will Legalized Marijuana Affect Your Job?
Some officers reported that marijuana legalization will have minimal impact on their jobs since, as one officer explained, lots of people already use it now anyway. Those who want to use marijuana do so even if it is illegal, and most do it safely. Those who wait to use it until it becomes legal won’t get crazy. For the most part, the people who use it for medical reasons are not the ones who go out and do weird things. Instead, the people who use opiates and meth are the crazy ones. They use too much and do outrageous things. Another person noted the danger of heroin, blaming it for more harm than marijuana. He said that the heroin epidemic is far worse than marijuana use and causes more problems for the police.
Many law enforcement professionals predicted that marijuana legalization will not affect crime rates or the number of calls they respond to. There may be a crackdown on driving while under the influence of marijuana (as opposed to alcohol). However, this professional noted that “I have always said, and still believe, that alcohol has caused more damage and ruined more lives than marijuana ever will.”
Interestingly, one police officer claimed that only about 10 percent of the people he encounters are using some kind of drug, although he encounters the odor of burning marijuana on a regular basis. Because of this, he did not feel that marijuana use was a serious problem for law enforcement.
On the other hand, many officers believed that marijuana legalization will make their jobs more difficult. One officer explained that he sees a lot of people who are using marijuana, as well as a lot of drivers who have pot or other drugs in the car when they are stopped for traffic offenses. He noted that too many drivers are under the influence of some substance. They try to deny that they are using drugs, but the smell is too obvious. He explained that when you open the door and the smell is overpowering, you know that they’ve been smoking. He noted he is afraid that more drivers will be impaired if marijuana was legal, leading to more accidents, injuries, and deaths. Offenders who are under the influence can be difficult to handle, as well.
One law enforcement professional maintained that marijuana should remain illegal because “it is a dangerous drug and it makes people do crazy things. Users don’t think straight. Plus, we don’t know what the long-term effects are. It will be crazy when marijuana is legal. And people are growing marijuana in their backyards so there is a virtually unlimited supply.”
An officer who is responsible for recruiting new officers expressed a different concern. He explained that the problem with marijuana legalization in law enforcement is mostly with new recruits. Many of the young recruits have used marijuana in the past six months, and they cannot be hired. He said, “Who will we recruit? We do drug testing so they cannot use and expect to keep their jobs as police officers. We would have to talk to legal about anyone who uses marijuana for medical reasons.”
The biggest problem for law enforcement, according to one officer, is the lack of a testing procedure to determine if someone has been using marijuana and is able to drive safely. He said the police department currently uses the same initial testing for impaired driving as they do for alcohol use, but if the driver tests negative for being drunk and it seems as if they are under the influence of something, they will bring in an officer with specialized training to identify what drug a person has used, if any, based on behavior and other factors. However, this is subjective and can lead to lawsuits.
One officer with a more negative perspective said that the police will continue to confiscate property of people who use drugs because the police can profit from selling any seized items. Law enforcement will enforce federal marijuana laws because they want the money they get when the property is sold to the public. He said, “If they confiscated all of the stuff [items] from stores in Denver, they can make a lot of money.”
Many law enforcement officers indicated that as officers, they can’t personally use marijuana for either medical or recreational reasons. They are regularly tested and would be fired if they tested positive for drugs.
Police made many predictions about what might happen if marijuana was legal. One officer predicted that if marijuana is legalized, people—especially juveniles—may use more of it. Even if it is legal only for people eighteen and older, more people under the age of eighteen will use it. Another officer predicted that there will be more crime but a different type of criminal behavior, since crime changes when people are under the influence of drugs. There will be more “stupid” crimes (trespassing) as opposed to violent crimes. More people will do things they wouldn’t normally do if they weren’t high. Additionally, legalization will make law enforcement more complicated at times because people under the influence of marijuana don’t remember events or they don’t want to tell on others. Another respondent noted that if marijuana is legalized there will be less paperwork because fewer people will be arrested.
Is Marijuana a Gateway Drug?
Members of the law enforcement profession were unclear as to whether marijuana is a gateway drug. Many were unsure if marijuana use causes future use, but others clearly believed that it does, especially among those with addictive personalities. One officer explained that whether marijuana is a gateway drug depends on the people with whom that user associates. In other words, a person’s friends can have a big impact on what they do. If their friends smoke, then they probably will, too. Another professional explained that marijuana is a gateway drug. Users start with pot and then move to harder drugs and become addicted. Once addicted, they will use whatever they can—they don’t care what they use to get high. A lot of them start with pot when they are young and then can’t stop using.
Another professional indicated his concern that marijuana may be a gateway drug for young users, particularly those in their early teens. He said, “I have seen a few young people who made a habit of ‘waking and baking’ in their early years, and now they are having a hard time and are using other drugs. Maybe a coincidence, I’m not sure. From my experience, it just seems like young brains shouldn’t be exposed to marijuana, alcohol, or any other drugs.”
One officer stated very clearly, “I know a lot of people use heroin and probably a lot started on pot. I really don’t care if it is a gateway drug. I just know that too many people are dying from heroin and by the time we get to them it is too late.”
Should Medical Marijuana Be Legal?
Some law enforcement professionals argue that marijuana should be legal for medical reasons because it has medical benefits. One respondent explained that “it has been used for centuries by people all over the world, so it clearly has some kind of effect for people who are sick; if it didn’t it wouldn’t be used for so long.” The benefits include restoring appetite and reducing the number of seizures patients have. “I am sure there are more benefits,” he continued, “but those are two that I’m familiar with.”
One professional had firsthand experience: her father used medical marijuana to relieve pain. The officer explained that her father wasn’t going to drive anywhere; he didn’t go anywhere—he was too sick to leave home. He used marijuana although it was illegal at the time. Marijuana made him more comfortable. He was able to eat and converse more. Because of that experience, the officer supports medical marijuana. Other law enforcement professionals dispute that marijuana should be legal for medical reasons. As one professional put it, “if I were in a lot of pain, I would use the medications prescribed by my doctor. The doctor has lots of ‘good stuff’ that can be used that doesn’t affect your brain, so that is the way to go.”
A professional with strong ideas about this subject said, “We don’t go to a special store for each drug we take, so why are there special stores for this drug? People are not allowed to make their own aspirin or antibiotic; why should they be able to grow their own pot? It should be sold at Rite Aid or CVS for a true medical reason, not a stubbed toe or a headache. But first, marijuana has to pass FDA medical tests for specific uses and for specific ailments. We also need to know doses before it can be legal, and right now we don’t know that.”
Should Recreational Marijuana Be Legal?
Some law enforcement professionals responded to this question by saying that recreational marijuana should be legal for those who are twenty-one and older. They supported proposals to tax marijuana sales to make money. Conversely, some in law enforcement say that marijuana should not be legalized for recreation because it will lead to more crime. One officer said that if marijuana is legal, “more people will use it more. They will commit crimes to get money to buy it.” Not only will crime increase, but many pointed out that more people will be arrested for doing stupid things after using marijuana. It will also affect the number of people pulled over for DUI offenses, and it may result in more accidents. In Colorado, there has been an increase in accidents following legalization.
Some believe that making marijuana legal will shut down the black market. “Almost daily our K9 officers are intercepting packages of marijuana at UPS, FedEx, or the USPS. We should make it legit and put the smugglers out of business.”
Other professionals pointed to different impacts of marijuana legalization. “Some will commit crimes but mostly they can’t find jobs so they sleep in the park or on the street. There will be more people homeless.” A potential civil rights issue was brought up by one officer. He predicted that there may be an increase in court cases. He explained that “there is no way to test for marijuana use so police must go by smell. This is troublesome because there may be a driver who is not using, but we must arrest him or her if a passenger is smoking and the car smells of the drug. The driver may be charged when he or she is not using.”
Another argument against marijuana legalization was based on moral grounds. One professional said that society must draw a line as to what is acceptable behavior. “Drug use is not good for anyone. People cannot function on drugs, so they should not be legal.” Another officer said, “the proliferation of marijuana use can lead to more widespread access to drugs, especially to juveniles. Why encourage any kind of drug use? We have so many problems as it is, we shouldn’t tell kids that drug use is OK in any way. [There are] too many heroin ODs.”
“Young kids shouldn’t be using it, but they will. That’s the bad thing. If adults want to, it’s their choice, but a young kid shouldn’t be using it. No one would agree to that. When kids use it, they are screwed up for the rest of their lives. Parents need to make sure their kids aren’t using, but when the parents use, the kids do, too. They see their parents using and think it is safe. Schools try to stop it, but they can’t. It’s the parent’s job.”
What Should a Marijuana Law Entail?
Law enforcement professionals offered many suggestions regarding how marijuana laws should be written. They are described in box 6.1.
Textbox 6.1. Law Enforcement’s Suggestions for Laws for Legalized Marijuana
Legal Profession
The members of the legal profession included in this study were lawyers, prosecutors, magistrates, and court administrators from Ohio, Arizona, and Virginia who ranged in age from new graduates to those who have been practicing for “many” years.
How Will Legalized Marijuana Affect Your Job?
Many professionals in the legal profession reported that marijuana legalization will not affect their job at all. Some attorneys explained that they (or their firms) do not take marijuana-related cases, so there would be no impact for them. According to one judge, his job is to apply the laws to individual cases. He said, “I look at the evidence, hear testimony from people involved in the case, or look at a person’s prior record and apply a sentence based on the facts of the case. A large percentage of the cases that I hear are not related to marijuana, so it won’t impact me that much.”
Another law professional agreed that legalizing marijuana will not affect those in the field too much. An employee in a local county court explained that there may be fewer possession-related cases, but there currently are not many of those types of cases anyway. She said that the county has largely decriminalized possession of small amounts of marijuana so there are not many cases. Large-scale possession cases are either state or even federal cases. She explained further that marijuana legalization may affect lawyers who practice employment law because there will be a lot of cases in which people use medical or recreational (legal) pot and then get fired, especially when legislators are beginning to write the law. But for most lawyers, marijuana legalization will not affect them to a great degree.
Many respondents implied that the legal professional will not change because legal marijuana does not lead to more crime. “Marijuana use does not cause a person to commit crime. There is no statistical evidence that I have seen that shows that people who use marijuana commit crime. Some do, but not everyone. Legalizing marijuana may reduce crime by lowering the number of incarcerated youth, especially from minority communities. Besides, most marijuana users are ‘calm, dude.’ They don’t have the energy to commit crime. It has not led to more crime where I live.”
Other attorneys noted that the types of cases may change. Though there may be fewer people arrested for some crimes, there will be more people arrested for other crimes. “It will be a wash. It really won’t have an impact on the courts because the number of cases will remain the same.” One attorney stated, “Legalizing it won’t affect my job. There are so many criminals anyway, it won’t make any difference to me.” Another agreed. He explained that if the state gets rid of all the minor marijuana cases, it wouldn’t affect his office too much. “We still have thousands of other cases to handle. The few people who are in the system for a minor misdemeanor of marijuana use or possession don’t matter. It’s the ones who have lots of offenses—and they will probably be back again and again.”
Another professional agreed that legalized marijuana would not affect his job directly, but he noted that he may have more cases. He explained that though there may be fewer arrests for possession charges, “some people will do dumb things so they will keep getting arrested. I will have clients who use and I’ll have to represent them.” “A lot of users can’t keep a job so they have to use a public defender, but they’ll be back in the system before too long. They’ll just keep using drugs and committing crimes. Doesn’t matter what the laws are.”
If laws permitting recreational marijuana are passed, according to one lawyer, the number of people charged with crimes will increase, so the number of cases will increase. There will be court overcrowding as people are charged and have to go to court. That means that there will be a need for more specialized courts (drug courts) and other diversion programs.
Others in the legal profession reported that the legalization of marijuana would make their lives easier. There would be less work and fewer constitutional issues to think about, especially for issues pertaining to search and seizure. “Of course, there will still be cases on marijuana DUI and other offenses like that. Moreover, legalization would free up police resources. They would not be spending time on finding pot smokers or those who are possessing marijuana.”
Some attorneys agreed that when marijuana becomes legal, people probably won’t use much more than they currently use. The people who want to use marijuana are using it already. There may be some people who want to try it but do not because they are “super law abiding.” These people will try it if it is legal. Further, those people who use marijuana frequently probably will not buy it more often. They often cannot hold jobs and won’t have the money to buy it legally, so they either will buy it illegally where it is cheaper or resort to crime as they do now. But, on the whole, this professional did not expect the number of users to increase after legalization.
One professional explained that the system receives a lot of money in fines from people who are guilty of possessing marijuana. If it is legal, they won’t get that money any more. But at the same time, there will be other crimes for which people will have to pay fines, so that will probably replace the revenue from “lost” fines.
One lawyer mentioned the impact marijuana legalization could have on police behavior, explaining that police sometimes use drugs as an excuse to enter and search a place. “Smelling dope” can be used as a reason for officers to search cars or homes, even if they are looking for something else. Police use the odor of marijuana as an excuse to give them probable cause for a search. Legalizing marijuana closes that option for cops.
A note made by one professional clarified the role of an attorney with regard to clients. He explained that if someone comes to him to ask how to set up a marijuana-related business, he can advise them because it is now legal in Ohio. Before the law was passed, he could not answer questions because marijuana was illegal. If someone asks how to avoid the law, he cannot give advice to that person. He noted, “I can’t help them break the law.”
One prosecutor noted that his job was funded by a grant related to the War on Drugs. If there is no longer a War on Drugs, some agencies would lose funding and some people would lose their jobs. As he described it, the War on Drugs has become part of the prison industry complex, and it is used as a way to fill prisons and jails to keep corrections officials employed.
A judge noted that “I will have more people in my court who need drug treatment. There will be more people who end up here after smoking and doing something they don’t mean to do or something else crazy and get arrested. Just because it is legal doesn’t mean people won’t get arrested for drugs any more. Remember that we have other drugs that are causing problems. People will smoke and drive or smoke and beat their wife and end up getting arrested.”
Is Marijuana a Gateway Drug?
Many professionals in the legal field do not believe that marijuana is a gateway drug. As one person explained clearly, his belief is that people do not use marijuana then try harder drugs. Some who try weed want to try other drugs, but in the end, it is not a gateway drug. “Marijuana users do not get arrested for other charges. Those who drink alcohol are charged with many offenses—possession, DUI, habitual drunk, maybe property crimes. But marijuana users don’t get multiple charges. They don’t typically return to court for other drug offenses. They may return for another marijuana charge but not for charges related to other drugs.”
One legal professional explained that if you are prone to addictive behavior, then you are likely to become addicted to something in your lifetime. “That can be food, alcohol, or shopping. But marijuana does not cause people to take more drugs.”
One professional put a condition on the gateway theory. He stated that marijuana is a gateway drug but only as long as it remains illegal. If legal dispensaries are established, then the black market for marijuana will be cut off, along with access to worse, harder drugs. Legalization will lead to fewer people using harder drugs. They will use more marijuana instead.
Another particularly interesting response implied that marijuana generally is not a gateway drug. “Having said that—if you make this a geographical or socioeconomic question, my answer might change. Is marijuana a gateway drug in suburbia where a person is using it while he/she is undergoing chemo treatment—no. Is marijuana a gateway drug in an urban, gang-infested neighborhood—perhaps it is more likely. It depends on why the person is using marijuana. So if the marijuana is used for medical reasons, the person will probably not use other drugs; if it is used for recreation, then probably yes.”
Another reaction to the question was based on the supposition that marijuana is addictive. People who use it, especially if they use it a lot, will experience urges to continue using it. And they have withdrawal symptoms if they do not use soon. In this sense, marijuana is a gateway drug.
Should Medical Marijuana Be Legal?
When it comes to professionals in the legal field, there is a mix of those who support medical marijuana and those who do not. Of those who support it, many noted the medical benefits. It was pointed out that marijuana can be used to treat people who are addicted to heroin. “I feel that it is a viable, nonaddictive option for pain management.” As one person said, “If I was sick, sure, I’d try it. Why not?” The negative effects are no worse than other legal substances like tobacco and alcohol, and the possible benefits far outweigh any possible harms.
One legal professional suggested that marijuana should be allowed. He questioned why we spend a lot of money prosecuting it. “It becomes a waste of money. We have other, more pressing needs. If someone can go to a concert and drink as a form of relaxation or escape, why not have a joint? It’s the same thing.”
Not surprisingly, other legal professionals argued that marijuana should be permitted for both medical and recreational reasons primarily because of the profit. One professional said, “look at Colorado. They are enjoying lots of profits from sale of marijuana. Of course it would have to be regulated (who can sell it and how much and who can smoke it). But it can make a lot of money because it is an untapped revenue stream for the state that can make millions to help with our budget. The revenue can go for transportation, infrastructure, and public schools. We need to find a way to make more money for these areas and taxing marijuana can make a lot of money, like in Colorado.”
Those in the legal field who do not support medical marijuana suggest that there are prescription drugs to treat people who are ill, so people should use them. “The drugs are regulated, and we know what they will do to a person’s body. You never know what effect the marijuana will have because there is a different dosage every time you use it.” For that reason, this professional said he would never use it himself.
Another professional pointed out that there is no evidence to prove that marijuana can treat illnesses, even though lots of people say it can. He went on to say that the only reason marijuana is legal is because a lot of people will make a lot of money from it. One person noted that “we need to either legalize both medical and recreational or neither. It should all be legal; otherwise it gets too confusing and muddled over who can have it and who cannot. The enforcement becomes too difficult.”
Even though legal professionals are faced with the issue of marijuana often, many are still unsure about the legalization. “I don’t know if it should be legal or not. People say there are benefits to using it, but I don’t know if it is true. The bottom line is that it is illegal: the law says it is illegal. If people are caught with it, possession, or using it, then they should be sentenced for that. If the law changes, then they won’t be sentenced.”
Should Recreational Marijuana Be Legal?
A professional in the legal field claims to support the legalization of recreational marijuana “because it is no worse than alcohol or tobacco. People can get really sick from drinking or smoking cigarettes. Marijuana can’t be worse than those substances.”
The legalization of marijuana was likened to alcohol by one respondent. He said, “people won’t stop using it. People want to use drugs. It is like Prohibition. People wanted to drink and found ways to do it. The violence resulted after we made it illegal. There was so much violence that we had to legalize it again; now there is little; the same pattern holds true for marijuana.”
“Marijuana should not be legal. It isn’t a good choice and many people do crazy things after using it. We get many people in the system who do things while they are high that they wouldn’t have done if they were not using and were thinking clearly. They steal things or beat someone up because they are high. Legalizing marijuana will make it more accessible to people. Some people may be able to use it and be OK the next day, but a lot of users can’t do that. A lot of people get addicted to marijuana.”
This respondent added, “if recreational [marijuana] is passed, this will become worse, depending on how the law is written. There may be tons of dispensaries as a way to prevent people from growing their own. Some laws specify that people can grow their own if there are no dispensaries within a few miles, so local legislators are forced to pass laws allowing for dispensaries in their local areas even though they don’t want to do that. They don’t want dispensaries in their local areas but a dispensary is better than having lots of pot plants growing around the neighborhood. It would be too easy for kids to get to them.”
One participant said the following about recreational marijuana: “They say it isn’t addictive but for some people it is. They can’t stop using it. They commit crimes to get more. Then they end up committing some crime and end up here [in court]. We have that drug [diversion] program that is really good. It has a high success rate for anyone who graduates. They learn that it is better to stay off drugs and that they can’t use at all. But they have to learn that. And it takes a lot of time for some people. If we legalize it, there will be more people who need to be in that program, and we just can’t take many more. There are so many people now who want to go in, and the waiting time to get in can be months. We can’t make people wait months to get help. But what else can we do? It’s not a good thing.”
What Should a Marijuana Law Entail?
One professional argued that doctors should be allowed to prescribe medical marijuana to their clients but only in limited circumstances; for example, if patients have cancer and are in a lot of pain or if they have lost their appetite. The concern that it may become easy to get a prescription for marijuana even though a person is not sick was raised. “I feel that . . . if a person goes to the doctor with a stubbed toe, they can get a medical marijuana card. Young people have access to marijuana when they say they are sick but they really aren’t. There has to be more oversight of doctors who give prescriptions for marijuana for no reason.”
Another legal professional answered, “I can’t say what the law should be, but I know what it is. Whether I agree with it or not doesn’t matter. I don’t make the laws—other people do that. When offenders appear in front of me and give me a sob story or tell me why they had the drug on them—and most often it is not their fault—I really can’t care about that. If they were possessing, then they were guilty, and I have to sentence them for it. Bottom line. Now if the state makes it legal, those people who were already sentenced won’t be affected. It will only be cases from that point on. But the state will make new laws about marijuana and people will probably violate those laws.”
A different response was provided by another legal professional. He said, “Chances are, the law won’t change. But the pharmaceutical companies are probably fighting legalization because they know they have a lot to lose when it comes to profits. If the laws change, people will be using marijuana when they used to turn to pharmaceuticals.”
The potential for constitutional issues was noted by one legal professional. He related the concern that there is no test for driving under the influence of marijuana, nor a standard to know when someone is impaired. “This means that people will be charged with driving under the influence without any way to prove [it]. The police have to use other clues to know if they are high, things like weaving in traffic, driving too slow or too fast. But that could also be a sign that they are texting. It is easy to get off because there is no evidence. The defense can easily get the charges dropped or reduced.”
Another lawyer noted something similar. “Scientists from labs are often brought into court to give expert testimony in cases about [whether] a person was under the influence of a drug, but they often cannot give the courts the information they need. Even the scientists do not know the level at which a person is high. It isn’t like a DUI at .08 right now. We are getting there, but even once that is set, there will probably be changes. A DUI level used to be higher but then they lowered it.”
Other notable comments from legal professionals include those listed in box 6.2.
Textbox 6.2. Comments from Legal Professionals
Educators
People in the field of education were, in general, concerned about the impact of legalization on the education system. The educators included in the study worked in the field between six and thirty-five years. They included teachers, administrators, and teachers’ aides. The people in this group were from a variety of states, including Colorado, Texas, Ohio, and Virginia.
How Will Legalized Marijuana Affect Your Job?
Although some educators indicated that legalized marijuana would not affect their jobs at all, most were concerned about legalized marijuana. They believe students will be more likely to use marijuana and come to school high. If students are under the influence of marijuana, they are unable to think clearly, are not able to learn, and do not do well in school. One teacher said, “It is hard to teach a kid who is either on drugs or who has been taking drugs.” Students who are under the influence can sometimes become disruptive in the classroom. Students who are high can’t keep up, yet teachers cannot leave them behind. As teachers, they try to encourage students to learn in class but are unable to do so if students are not drug free.
One professional questioned whether teachers will have to learn to detect if students are high or have used marijuana. She questioned if teachers will become police and then stated that the job of teaching is hard enough as it is. Another teacher admitted that she wouldn’t report students for drug use unless it was really bad.
An administrator expressed concern that some students may get prescribed marijuana for medical reasons, but he noted that even these students cannot come to school under the influence. If a student is prescribed medical marijuana, the teachers and staff would not be permitted to administer it. This could become a problem if a student must use it throughout the day. Those schools that carry out drug testing of students and/or athletes may be forced to make exceptions for students who are prescribed marijuana and test positive.
The educators noted that they could be fired if they come to work high (though they are not currently drug tested on a regular basis). One school administrator noted that if marijuana was made legal, he would be afraid that more teachers would come to work with marijuana in their system. At that point, he would be forced to fire anyone who tests positive for drug use, even teachers with a prescription for medical marijuana. This could change depending on how the law is written, but he noted that teachers cannot come to class under the influence. Although medical marijuana may not make people high, it often does. The teachers and employees need to be a role model for students and can’t come to class high. The schools may have to drug test even more than they currently do, he noted.
One teacher, thinking of the long term, predicted that if marijuana was legal, more students would probably use it, making it difficult to find a job. They may be unable to pass background checks or drug screening tests. Another teacher said, “Marijuana affects young people’s minds permanently.”
Is Marijuana a Gateway Drug?
Many educators reported that marijuana is not a gateway drug. As one teacher explained, there is no proof that it leads to the use of other drugs. Most students would stick to marijuana if it was legal. Those who use pot won’t turn to heroin. Many people use marijuana and never use anything else—like alcohol, people can use it and not want anything else. Prescription drugs are more of a gateway drug than marijuana.
However, other teachers claim that marijuana is a gateway drug, especially for those people who have an addictive personality. Marijuana users are comfortable using it and want to use other drugs. Another teacher explained that marijuana is readily available and easier to obtain than alcohol, especially for kids. They use it, especially if their friends are using, and they get comfortable using drugs. Once young people try marijuana, they might become curious about other drugs. They want to get really high, so they try something else. It might become easier because they know people who sell it.
Should Medical Marijuana Be Legal?
Many educators believe that marijuana should be legal for medical reasons. They argue that marijuana has clear health benefits and helps many people by easing pain from cancer and other ailments. It can help people who are experiencing the effects of chemo treatments. One teacher noted that marijuana is also holistic/natural so it isn’t harmful like many prescription drugs and doesn’t have serious side effects. As another teacher said, if people want to try it, why not? “If someone want to use it and it makes them feel better, they should be allowed, particularly for serious cases.”
One teacher’s personal experience influenced her opinion. She has a son who has seizures and she has considered using marijuana because of research that shows that marijuana helps children who suffer from seizures. She reported that she suffers from back pain and has considered marijuana for herself if it becomes legal. It is one alternative to helping those people who suffer from pain as opposed to using prescription drugs.
Other professionals did not support medical marijuana use. One teacher explained that we do not know the long-term effects of marijuana use, especially on children. Another teacher said, “We should legalize medical marijuana if someone is really sick, but not for people who say they have a headache. A lot of doctors recommend it for backaches or something that doesn’t exist, especially to young people. They just want to get high legally. But if someone has terminal cancer and is in a lot of pain, then they should be allowed to use whatever drug makes them comfortable.”
Should Recreational Marijuana Be Legal?
The majority of teachers felt that marijuana should not be legalized for either medical or recreational reasons. They explained that if marijuana was legal, it would be too easy for students to get and they would more than likely use it. Too many students currently come to school high and can’t learn. Plus, legalized marijuana may lead to more injuries; for example, someone driving while high. One teacher said that marijuana should not be legal for recreational reasons because it is too dangerous for children.
Other teachers felt that we should legalize recreational marijuana. They pointed to data that shows that locking up a person for marijuana offenses is costly. Plus, there are far worse criminal offenders who should be locked up but aren’t because prison overcrowding. Finally, it was argued that marijuana it is not addictive and therefore should be legal.
A teacher made the argument that it is common for teachers to tell students not to smoke tobacco, so why not speak against smoking pot? He said that “we’ve worked for years to reduce tobacco smoking, so why are we encouraging smoking another drug? Any time you put smoke into your lungs, it will affect the body, so why is smoke from marijuana different from smoke from tobacco? If we make marijuana legal, there will have to be lots of programs to teach kids to not use it. We currently have DARE [Drug Abuse Resistance Education] but it doesn’t work so well. We will have to institute more antidrug programs geared toward children at a very young age.”
Another person in the profession reported, “I do not think marijuana should be legal. Since it has been legal in Colorado, it seems that more students have come to school high and the students joke around about getting high more often. We should not be encouraging our students and young people to take drugs. I see high people in the stores all the time, and they stink, like they were just smoking in their cars. It may have medical benefits for people who are really sick, but a lot of people who are using it are not sick. They just want to be high. There may be a lot of people making a lot of money from marijuana, but they shouldn’t be allowed to make money by ruining people’s lives.”
Other respondents were ambivalent: “I don’t think marijuana should be legal. Legalizing the drug makes it more accessible to people and sends a message that it is OK to use it. I don’t think we should be allowing people to take drugs because they really are not good for you. But, at the same time, if someone wants to use a drug, why not? As long as they don’t hurt anyone else while they are high—as long as they don’t drive or do anything crazy, then why not? But I worry a lot about young people who use the drug. Young people don’t know how to control their use. I hate to see young people who are addicted to drugs. Then when they get old, they wish they hadn’t used when they were young.”
“It’s like alcohol. Too much alcohol isn’t good for a person and lots of people do stupid things when they are drunk. Even a drink or two every day over a long time isn’t healthy. But it is legal anyway. The government taxes it and we make a lot of money. It’s harmful but the state lets people use it, as long as they don’t drink and drive or hurt someone else. So I guess if we use that logic, marijuana should be legal. But I still don’t think it should be.”
What Should a Marijuana Law Entail?
One teacher noted that if there is a law that makes marijuana legal, there should be no monopolies. Instead, a person should be able to grow it in their backyard if they want to. Another teacher suggested that a law allowing for legal marijuana should limit who can sell it. That person must get a license and be regulated by the state. An alternative suggestion was to legalize recreational marijuana like we do alcohol. That way, people can use it on Friday nights to relax. Most people won’t have a problem using it on occasion and they won’t become addicted that quickly.
Many educators indicated that marijuana sales should be taxed. Not surprisingly, many teachers thought that any revenue produced should be spent on schools. One educator noted that in Colorado, the schools don’t seem to be getting much money from marijuana taxes. There are lots of schools, so even if there is a lot of money for the state, the individual schools aren’t getting much when it’s divided up. Other suggestions for using revenue included paying for infrastructure for the state or health care. Another suggestion was to spend the money on agencies that help people, such as nonprofits that help children who have diseases or cancer. Another professional was concerned that there is no test to determine if a person is high. She said, “we have to find a way to figure this out before we make the drug legal.”
One educator suggested that growing and using hemp should be legalized because of its strong fiber, which can be used in clothing and for industrial purposes.
One educator’s concerns were more complex. He argued that we no longer teach students personal responsibility for their actions, and they are often not held responsible for what they do. He explained that it has become a cultural and moral problem in this country. Many people have lost their moral direction. If we had more people who had a moral or religious base, they wouldn’t be searching to fill a void with drugs like marijuana. The government can’t fix the lack of moral values through government, but many of our laws are ways to make people have morals. Parents aren’t teaching their kids that drugs are bad; many parents are on drugs themselves so they aren’t capable of teaching their own kids or acting as role models for their kids.
He continued explaining that if marijuana remains illegal, it is the government’s way of saying it is wrong. If parents don’t tell kids that using drugs is wrong, then the government has to do it. If they make it legal, then it is like the government is telling kids that it is OK to use drugs.
Students
Many college-aged students were interviewed about their perspectives on marijuana legalization. Most students were typical college aged (eighteen to twenty-five), but a few were older, nontraditional students. Men and women, both graduate and undergraduate students were included in this study. The students were from many states, including Ohio, Pennsylvania, Florida, and others.
How Will Legalized Marijuana Affect You as a Student?
Many students reported that the legalization of marijuana will not affect them. Some noted that their friends may smoke more if marijuana is made legal, but they will not. But one said that if a person has friends who smoke a lot, the person probably will, too (but if they have friends that are into sports, they will probably not use). Others indicated concern about getting caught using marijuana, since it may affect their prospects of getting jobs in the future. Most of the students noted that they did not foresee an increase in crime resulting from legalization.
One student respondent described how marijuana use affected his current job at a rental car company. He explained that people rent a car and then fill the car with marijuana smoke because it purportedly gets people high more quickly as compared to other ways of ingesting it. The odor from the smoke gets into the upholstery and the carpeting, and although the rental company employees try to get the smell out, they are unable to do so. The person who rented the car is fined $150.
Student opinions were split as to whether marijuana use causes crime. Some believed that marijuana use does not lead to crime, nor does it lead people to commit robberies like other drugs do. Moreover, if marijuana is legalized, crime will not increase—it may even decrease because people who are arrested for use or possession now won’t be arrested anymore. No study has shown that it causes crime, as one student said. On the other hand, one student said that there is no doubt that marijuana use leads to more crime. “Drugs equal crime. People commit crime to get money to buy more drugs.”
Is Marijuana a Gateway Drug?
Many students indicated that marijuana is not a gateway drug. They described how many people use marijuana but do not use other drugs. It was noted that people who use alcohol or cigarettes are more likely to turn to other drugs than people who use pot. One student claimed that it has been factually proven not to be a gateway drug.
Some students said that marijuana is not addictive, but others said that it can be addictive for those who have an obsessive personality or for those who have used drugs in the past. One student described the emotional addiction to marijuana that some users have, explaining that emotional addiction is sometimes worse than physical addiction.
Conversely, one student said that marijuana is a gateway drug. He explained that some users who smoke large quantities of weed are more likely to try other illegal drugs. Other students indicated that users want to try other, more harmful drugs after they use marijuana. As one student said, “It starts with marijuana and then leads people to take other drugs.” Another stated, “I believe that any recreational substance that is not prescribed in a regulated manner from a recognized doctor can lower inhibitions and lead to taking chances and trying things one might not otherwise try. So they may be more likely to use other drugs. . . . People get used to the feeling of being high and want to try another drug, or maybe someone offers it to them, and since they are used to using drugs, they will try something new.”
Should Medical Marijuana Be Legal?
Many students reported that medical marijuana should be legal. Their responses are provided in box 6.3.
Textbox 6.3. Student Responses
A few students indicated that medical marijuana should not be legal. They explained that some people may use marijuana for medical reasons and then decide that they like it and then use it for other reasons. Another agreed that it should be legal but only if used in hospitals. He said, “People shouldn’t be able to grow it themselves. You don’t know the strength of the marijuana.”
Should Recreational Marijuana Be Legal?
Many students suggested that recreational marijuana should be legal for the potential tax revenue, noting that some states have emerged from serious tax deficits because of selling and taxing marijuana. Another reason for legalizing recreational marijuana is that people may use it and not turn to other drugs like heroin, which can kill them. One student noted that he would like to walk in the park and feel free to smoke outside (which would be banned under most state laws). One student used the legalization of marijuana to argue for less government involvement in people’s lives. He said that the government shouldn’t say what people can and cannot do. Another suggested that if marijuana was legal, it would be safer.
A response indicated that people should not support putting people in a cage [i.e., a jail cell] because they have a dried plant. Further, freeing people convicted of possession of marijuana would reduce the prison population, also saving money. Those released from prison then would be required to hold jobs so that they will be paying taxes. “Most users are mellow and want to have fun,” explained one person. “Why not let people have fun after a hard day?”
A few students felt that recreational marijuana should not be legal. One has a relative who is a paramedic and sees the dangers of drug use. Another reported watching marijuana “destroy the motivation of my niece to the point that she has no goals or ambition. People who smoke marijuana regularly lose part of their brain or something and they don’t want to have a job or go to school. They just get lazy and don’t want to work. They just want to smoke more.”
Although many students agreed that recreational marijuana should be legal, some also placed limits on it. For example, one respondent said that marijuana should not be used by people in professions such as teaching or law enforcement or by those who operate heavy machinery, such as airplanes, which require quick reflexes. “Someone who smokes marijuana won’t be able to focus on what they need to do. People whose jobs require concentration and thinking can’t smoke marijuana. It makes your brain too foggy.” Another person said, “I have never seen a single case where it motivates people to be better.”
One student wrote of being “on the fence” about the legalization of recreational marijuana. On one hand, it was not uncommon for students to say, “why should I care if others use marijuana?” On the other hand, some students noted that legalization is likely an irreversible decision, and “there are still health and societal problems that could arise or even become worse with the legalization of recreational marijuana.”
What Should a Marijuana Law Entail?
According to many students, a law legalizing marijuana should put money from taxes toward DARE programs, which teach kids to stay away from drugs. Other students proposed that the revenue should be allocated for drug rehab programs for people who are addicted to any drug. Another suggested that marijuana taxes should help fund schools.
Another person wanted to see limits on marijuana advertising. Advertising should be discreet or not allowed at all. This would be a way of protecting kids from seeing it, which would only normalize marijuana use for them.
Some students felt that if marijuana was made legal, it should be regulated much like alcohol or tobacco. There should be regulations on the amount one can buy. Also, the government should oversee growers and distributors through a permit system, for example.
Student respondents had many other comments about the legalization of marijuana. These are included in box 6.4.
Textbox 6.4. Student Comments
Conclusion
Law enforcement officers seem to have mixed opinions when it comes to the legalization of marijuana. They often must deal with people who have used drugs, so they are fully aware of the potential dangers of drugs. Although many people can use marijuana safely, others may react differently. Professionals in the legal field also witness the consequences of marijuana use, but at the same time, they recognize that legalization may provide more clients. Educators have special concerns about marijuana legalization since they are focused on educating young people who may be less likely to succeed academically if they choose to experiment with marijuana. At the same time, school administrators must also consider personnel issues pertaining to possible use by teachers and other personnel. As a group, students understand that there are dangers associated with the legalization of marijuana but seem to be more accepting of its use.