Why Marijuana Should be Legalized in the USA

Why Marijuana Should be Legalized in the USA

Marijuana legalization remains one of the most debated topics in the United States. Over the past few decades, legislative developments have significantly altered the legal landscape.

Many states choose to decriminalize or legalize cannabis for medicinal and recreational use. This article explores the reasons behind the push for marijuana legalization. It will examine the pros and cons of such policies. We compare the USA's approach to cannabis legislation with those of other countries.

The Evolution of Marijuana Legislation in the USA

Early Legislation and Prohibition

The history of marijuana legislation in the USA is long and complex. In the early 20th century, cannabis was legal and used for medicinal purposes. But, the Marihuana Tax Act of 1937 marked the beginning of federal prohibition. This act, influenced by anti-marijuana propaganda, imposed heavy taxes and regulations. This approach started the criminalized cannabis.

The War on Drugs

The Controlled Substances Act of 1970 classified marijuana as a Schedule I drug. This interpretation deems it to have a high potential for abuse and no accepted medical use. This classification fueled the War on Drugs. It led to stringent enforcement and severe penalties for marijuana-related offenses. The criminalization of cannabis has had profound social and economic consequences. These consequences disproportionately affected minority communities.

State-Level Legalization

In the 1990s, public opinion towards cannabis began to shift. This led to the first state-level medical marijuana legalization. California passed  Proposition 215 in 1996, appropriately called the Compassionate Use Act. This legislation protected specific patients and their primary caregivers. It prevented them from being held criminally liable under state law for the possession and cultivation of marijuana for medicinal purposes.

Since then, a growing number of states have followed suit legalizing cannabis. As of 2024, 38 states have legalized medical marijuana. There are 23 states that have legalized recreational marijuana.

Medical vs. Recreational Marijuana: Understanding the Difference

Medical Marijuana

Medical marijuana, also called medical cannabis, is the use of cannabis and its derivatives to treat specific health conditions. People with a medical marijuana card can buy cannabis from dispensaries for therapeutic reasons. Medical marijuana is commonly used to treat conditions such as chronic pain, epilepsy, multiple sclerosis, and symptoms related to cancer. It often has more CBD (cannabidiol), which has medicinal properties, and less THC (tetrahydrocannabinol), which causes psychoactive effects.

Recreational Marijuana

Recreational marijuana is used for personal enjoyment rather than medical purposes. It is legally available to adults over 21 in states that have legalized recreational use. Recreational cannabis products typically have higher THC content, which caters to users seeking the psychoactive effects of marijuana. The regulation of recreational marijuana includes age restrictions, purchase limits, and guidelines for safe consumption.

Arguments for Legalization

The majority of people in the USA now support legalizing marijuana.
In 1969 84% of those asked were against legalizing marijuana and only 12% supported it. Today over 70% of people in the USA support legalizing marijuana. 

Modest Adverse Health Effects

One of the main reasons for supporting the legalization of marijuana is that its negative health effects are relatively minor when compared to those of other legal and illegal drugs. Research shows that cannabis is less harmful than substances like alcohol and tobacco. Unlike alcohol, marijuana has a low risk of overdose and addiction. Additionally, cannabis has therapeutic advantages such as pain relief, appetite stimulation, and anxiety reduction.

Criminal Penalties and Social Harm

Another reason to support legalization is that criminalizing cannabis use has negative effects on both individuals and the community. The enforcement of marijuana laws has resulted in a high number of people, especially from minority groups, being imprisoned. Legalization has been shown to ease the strain on the criminal justice system, enabling law enforcement to concentrate on more severe offenses. It also removes the social stigma related to cannabis use, thereby promoting social equality.

Regulation and Taxation

Legalizing cannabis allows for better regulation and taxation, leading to economic benefits. A regulated market ensures product safety through quality control and lab testing, protecting consumers from harmful contaminants. Additionally, taxation generates significant revenue for state governments, which can be allocated to public health, education, and infrastructure projects. For example, in 2021, Colorado collected over $387 million in marijuana tax revenue.

Economic Benefits of Legalization

The cannabis industry has become a significant job creator in states where marijuana is legal. The industry provides employment opportunities across various sectors, from cultivation and processing to retail and ancillary services. According to a report by Leafly, the legal cannabis industry supported over 321,000 full-time jobs in the United States as of 2021. This number is expected to grow as more states legalize marijuana and the industry expands.

Tax revenue from legal cannabis sales has provided substantial financial benefits to states. In Colorado, marijuana tax revenue exceeded $387 million in 2021. Similarly, California generated over $1 billion in tax revenue from cannabis sales in 2020. These funds are often allocated to public health programs, education, infrastructure projects, and community development initiatives, benefiting the broader society.

The legalization of marijuana has stimulated economic growth in various ways. It has attracted investment, spurred entrepreneurship, and supported local economies. In states like Nevada and Oregon, the cannabis industry has boosted tourism, with visitors flocking to dispensaries and cannabis-related events. Additionally, the ancillary businesses supporting the cannabis industry, such as marketing, security, and technology firms, have also experienced growth. 

Federal Legalization and Potential Economic Benefits

Rescheduling Cannabis

The rescheduling of cannabis from Schedule I to Schedule III under the Controlled Substances Act would acknowledge its medical benefits and lessen the regulatory hurdles for research and medical use. This adjustment would streamline clinical studies, resulting in a deeper comprehension of cannabis's therapeutic potential. It would also allow for easier prescription of cannabis-based treatments by physicians, with fewer legal restrictions.

National Market and Interstate Commerce

Federal legalization of cannabis would establish a nationwide market, permitting interstate commerce. This would result in lower costs associated with state-specific regulations, fostering competition and decreasing consumer prices. A uniform national market would also encourage economies of scale, promoting innovation and efficiency within the industry.

Increased Tax Revenue

Legalizing cannabis at the federal level would generate substantial tax revenue. A report by New Frontier Data estimates that federal legalization could generate $128.8 billion in tax revenue and create 1.6 million jobs by 2025. These funds could address national priorities such as healthcare, education, and infrastructure, providing widespread economic benefits.

Social Equity and Criminal Justice Reform

Federal legalization would address the social equity issues stemming from the War on Drugs. It would facilitate the expungement of marijuana-related convictions, allowing individuals to rebuild their lives. Additionally, it would create opportunities for minority-owned businesses to enter the legal cannabis market, promoting diversity and inclusion in the industry.

Opponent's Arguments Against Legalization

Adolescent Use and Daily Consumption

Opponents of marijuana legalization argue that it will increase cannabis-related harm by raising the number of adolescents who use it and the number of young adults who become daily users. They contend that increased accessibility and social acceptance of marijuana could lead to higher rates of underage use and dependency. Adolescents are particularly vulnerable to the harmful effects of cannabis on brain development, cognitive function, and mental health.

Increased Cannabis-Related Harm

Critics also warn of potential public health issues, such as impaired driving and respiratory problems. They argue that legalization could lead to a rise in traffic accidents caused by marijuana-impaired drivers. Furthermore, smoking cannabis can have adverse effects on respiratory health, similar to tobacco smoking. Opponents emphasize the need for robust public health campaigns and regulations to mitigate these risks.

The USA Market: Analyzing the Impact of Legalization

Adolescent Use Trends

Since the legalization of marijuana in several states, studies have produced mixed results regarding adolescent use. Some research suggests a slight increase in use among teens, while other studies indicate stable or declining rates. The Monitoring the Future survey, for example, found that marijuana use among high school students has remained relatively stable over the past decade. This suggests that legalization may not significantly impact adolescent use if proper regulations and preventive measures are in place.

Public Health Outcomes

The impact of marijuana legalization on public health outcomes remains a subject of ongoing research. Evidence indicates that legalization has not led to a dramatic increase in cannabis-related harm. For instance, a study published in the American Journal of Public Health found no significant change in traffic fatalities in states with legalized marijuana. Moreover, states with legal cannabis have reported decreased rates of opioid-related deaths, suggesting a potential public health benefit.

Economic and Social Benefits

The economic and social benefits of marijuana legalization are evident in states like Colorado and Washington. Legalization has created jobs, boosted local economies, and generated substantial tax revenue. Additionally, the expungement of marijuana-related convictions has improved social equity, allowing individuals with prior offenses to reintegrate into society.

International Examples of Cannabis Legislation

Portugal: Decriminalization and Public Health

Portugal decriminalized all drugs, including marijuana, in 2001. Rather than criminalizing drug users, Portugal focuses on public health and harm reduction. Individuals caught with small amounts of cannabis are referred to treatment programs instead of facing criminal charges. This approach has led to a significant decrease in drug-related deaths, HIV infection rates, and overall drug use.

Netherlands: Toleration Policy

The Netherlands is known for its toleration policy, where the sale and use of cannabis are tolerated in licensed coffee shops. While technically illegal, cannabis possession is decriminalized for personal use. This policy has allowed the Dutch government to regulate the cannabis market, ensuring product safety and reducing black market activity. The Netherlands has maintained relatively low rates of cannabis use compared to other European countries.

Canada: Full Legalization

Canada legalized recreational marijuana in 2018, becoming the first G7 nation to do so. The Canadian model emphasizes strict regulation, with government oversight of production, distribution, and sales. Legalization has generated significant tax revenue, supported public health initiatives, and reduced the burden on the criminal justice system. Initial data suggests that cannabis use among adolescents has not increased post-legalization.

Thailand: Emerging Legislation

Thailand's cannabis industry has experienced significant fluctuations since the country decriminalized cannabis in 2022. This move spurred a surge in recreational use and rapid business growth. Still, the lack of comprehensive regulations raised concerns and suggested a shift towards a medicinal-only approach.

Historically, cannabis played a role in Thai medical and spiritual practices. However, in the 1930s, Thailand adopted strict prohibition policies under international pressure, imposing severe penalties for cannabis possession and cultivation. This changed in the early 2000s when attitudes towards cannabis began to shift. In 2018, Thailand became the first Southeast Asian country to legalize medicinal marijuana, setting the stage for full decriminalization in 2022. However, due to parliamentary deadlock, cannabis was decriminalized without a regulatory framework, leading to an unregulated market with around 6,000 outlets selling thousands of cannabis products.

While there have been positives, such as economic and medical benefits, decriminalization without proper regulation has put a strain on society and had some negative impacts, with raised public concern over cannabis use, confusion about the law for tourists, fears of potential health risks and a persistent black market driving other criminal activity.

In response, the new government, led by Prime Minister Seetha Taliesin, plans to reverse the 2022 laws, focusing solely on medical applications. The proposed legislation aims to restrict cannabis use to medical and health purposes, outlaw recreational use, and impose stringent penalties for violations.

The government's ability to balance these interests and implement a fair regulatory framework will be crucial. The nation's experience highlights the importance of balancing social, public health, and economic considerations in cannabis legislation. Other countries can learn valuable lessons from Thailand's journey as they contemplate similar reforms.

Germany: Progressive Legislation

Germany has adopted a progressive approach to cannabis legislation. In 2017, the country legalized medical marijuana, allowing patients with severe conditions to access cannabis-based treatments. Recently, there have been discussions about further reforms to decriminalize or legalize recreational use. Germany's focus on medical cannabis has provided patients with alternative therapeutic options and reduced reliance onopioids.

Germany's parliament, the Bundestag, voted to legalize cannabis for recreational use despite opposition from some politicians and medical experts. The decriminalization legislation was approved in the Bundesrat, and the first of the legislation was enacted on April 1st, 2024. 

The new rules allow adults to carry small amounts of marijuana for personal use. However, it remains illegal for those under 18. Adults will also be able to grow up to three cannabis plants. Starting April 1st, they can carry up to 50 grams at home and 25 grams in public.

Additionally, licensed nonprofit clubs became effective on July 1st, with membership limited to 500 adults per club. Germany became the third European country to legalize recreational marijuana, following Malta and Luxembourg. This decision could influence other countries to consider similar reforms.

Advocates hope the law will combat the black market, reduce drug-related crime, and lower the number of drug users. However, opposition from some states and the German Medical Association (GMA) remains strong. The southern state of Bavaria has urged the government to reconsider. At the same time, the GMA warns that legalization could increase consumption and downplay the risks of addiction and developmental harm.

German Health Minister Karl Lauterbach emphasized that the main goal is to protect children and adolescents, maintaining the illegality of marijuana use by minors and imposing restrictions near schools and playgrounds. The legislation aims to regulate cannabis use responsibly while addressing public health concerns. 

Conclusion

The debate over marijuana legalization in the USA is multifaceted, involving public health, social justice, and economic considerations. While opponents raise valid concerns about potential risks, the evidence suggests that the benefits of legalization outweigh the drawbacks.

Regulated and taxed cannabis markets can improve public health, reduce criminal justice burdens, and generate substantial economic benefits. By learning from international models, the USA can develop a balanced approach to marijuana legislation that promotes public health, social equity, and economic prosperity.

As the nation continues to grapple with the complexities of cannabis legalization, it is essential to prioritize evidence-based policies and comprehensive public health strategies. By doing so, the USA can navigate the challenges and opportunities of marijuana legalization, ultimately creating a safer and more equitable society.