February 23, 2014
Marijuana Decriminalization
Why Marijuana Should be Decriminalized- Becker
Decriminalizing a drug like marijuana means that it no longer is a crime to possess marijuana for personal use, The advantages of decriminalizing marijuana are so numerous and powerful that it is difficult to understand the intense opposition.
The movement at the state level of the United States to decriminalize various uses of marijuana-especially for " medical" purposes- has accelerated in recent years. It will not be long before marijuana use for many purposes will be decriminalized in the great majority of states, and I also expect rapid expansion in the number of states that legalize marijuana for all recreational uses. It is much better for states rather than the federal government to decide about the legality of drug use since that would allow some states to continue to treat marijuana use as a criminal offense if they so wish. However, as Posner points out, it becomes harder for some states to criminalize marijuana use when the great majority of states have decriminalized it.
Decriminalizing consumption and some production of marijuana would have large beneficial effects on Mexico. Traditionally, Mexico has produced the majority of marijuana consumed in the US. The distribution of marijuana from Mexico to the US is controlled by powerful drug cartels that have made enormous profits from their trafficking in drugs. The Mexican government's battles with these cartels have caused tens of thousands of deaths, and wholesale corruption of Mexican police and government officials. The trend toward legalization of marijuana in America is lowering the profitability of Mexican cartels and weakening their hold over the Mexican population.
Many people are unhappy when they are addicted to drugs, be it alcohol, nicotine, cocaine, or marijuana. They would like to free themselves from their addictions, but that is not easy to do by the definition of what an addiction means. This is especially difficult for addictions to illegal substances. Clinics are reluctant to treat individuals who are addicted to substances that are illegal to consume, groups like AA are more difficult to form and thrive, and informal support group also face many obstacles.
Critics rightly claim that decriminalizing marijuana is likely to encourage experimentation with marijuana use, and probably will increase total consumption (although see our discussion of taxes in the following paragraph). However, what is more important, decriminalization will tend to reduce the rate of addiction to marijuana. The reason is that decriminalization will encourage the development of more clinics that treat this addiction, will help spread the growth of Marijuana Anonymous organizations that help addicts break their addictions, and will produce other efforts to combat severe addictions to marijuana. As a result, while marijuana use may go up, the number of addicts is likely to go down. This should allay the fears of many opponents of decriminalization that it would lead to a large expansion in the number of addicts.
Decriminalizing marijuana paves the way for taxing its use, in the same way that alcoholic consumption became rather heavily taxed after the end of Prohibition. The higher the tax rate, the higher the retail price of marijuana, and hence the lower would be its consumption. So replacing the present situation with significant taxes on the legal consumption of marijuana could end up lowering the demand for marijuana, despite the effects of decriminalization on experimentation with marijuana.
The present spending of substantial resources on trying to combat marijuana use would be replaced by considerable revenue from taxing its use. That potential revenue is a temptation of many strapped state governments to decriminalize marijuana. Of course, if the tax rate were too high, some of the marketing of marijuana would move underground to try to escape the tax. However, experience with other goods that are heavily taxed, including alcohol, shows that the advantages of legal sale and purchase of a substance like marijuana are so large that the tax rate could be rather high without a large fraction of the sales going underground.
A good use of the tax revenue would be on education and other efforts to point out the harm from becoming addicted to drugs. Some of the revenue could also be used to support drug clinics and other private groups that are trying to both treat addictions and to discourage individuals from becoming addicts. These are far better uses of government revenues than are the expenditures on police, courts, and prisons to apprehend and punish individuals who consume marijuana.
Should Marijuana Be Decriminalized Nationwide?—Posner
With 20 states having now legalized medical marijuana use, and two (Washington and Colorado) having legalized recreational use of marijuana, the days of legal prohibition of use of marijuana for recreational as well as for medical purposes seem numbered.
The case for prohibiting marijuana was never strong. It is a mind-altering drug, but no more so than alcohol, and it is considered less likely to induce violent behavior, and in general to have less destructive effects on the heavy user, the "addict." There is little evidence that it is a "gateway" drug, in the sense that use of it induces the user to "progress" to more harmful drugs, such as cocaine, methamphetamine, Ecstasy, LSD, heroin, or, for that matter, alcohol; in fact there is evidence that marijuana is largely a substitute for alcohol. While prohibition doubtless deters many young people from using marijuana, it seems unlikely that young people with strong addictive propensities, for whom consumption of an addictive drug might be destructive, are deterred. Legalization would undoubtedly increase the use of marijuana unless very heavy taxes were imposed (which would in turn give rise to a black market, thus largely undoing the effects of legalization), but probably not the number of addicts. Actually, the emergence of a black market would be unlikely unless very heavy taxes were imposed on the sale of marijuana, given the natural consumer preference for a legal, FDA-regulated drug over an illegal one.
Although some 58 percent of Americans believe that recreational use of marijuana should be made legal, law enforcement activity aimed at discouraging marijuana use continues at a high level, with some 750,000 persons being arrested every year on marijuana charges, almost 90 percent for possession rather than for production or distribution. Despite the threat of criminal punishment (though punishment for mere possession, other than possession with intent to distribute, is largely nominal), the American market for marijuana is very large—some $36 billion a year (that's the conservative estimate: estimates range as high as $113 billion). There is no doubt that the use of marijuana would increase if it were legalized, because many people are unwilling to violate criminal laws even if the expected punishment cost (the gravity of the punishment discounted by the probability that it will be imposed) is slight. But if the increased use decreased the use of substitute drugs (including alcohol), there might well be no net increase in the use of mind-altering drugs. Furthermore, legalization would undoubtedly be accompanied by the imposition of sales taxes comparable to those for cigarettes and alcohol (indeed the desire for tax revenue was apparently a major factor in Colorado's decision to decriminalize marijuana), which would both generate needed tax revenues and limit the increase in use. Suppose marijuana were legalized and a 33 percent sales tax imposed. And suppose total sales remained at $36 billion because the effect of the higher price resulting from the sales tax was offset by greater demand for the drug and by the efficiencies in production and distribution that would be obtained making it a legal product. Then the sales tax would generate $12 billion in annual tax revenues. Along with tax revenues would come the further benefit to government finances of eliminating an estimated $7.6 billion in annual police and prison costs of marijuana prosecutions and convictions.
Although my analysis strongly suggests that there would be net benefits from decriminalizing the sale of marijuana throughout the United States, it does not follow that enacting a federal law that would do that would be a good idea—not only because opposition to legalization remains strong in a number of states, but also because the steps that the liberalizing states have already taken—20 to legalize medical use of marijuana and 2 of them to legalize recreational use as well—are likely to make enforcement of marijuana laws in other states ineffectual. In all 20 states there will be increased availability of marijuana, production will be cheaper because it will be done openly, and it will be difficult to prevent exportation to the prohibitionist states, overwhelming law enforcement resources in those states. The death knell of prohibition would be a decision by the Department of Justice to reduce prosecution of producers and distributors of marijuana, because federal criminal penalties of drug crimes are far more severe than state penalties and so have greater deterrent effect, though neither deterrence nor incapacitation seems to have much effect on the supply of illegal drugs, since the elasticity of supply of drug dealers is very high. Dealers make good incomes relative to alternative employment opportunities and expected punishment costs are low.