Time for Legalization of Marijuana
Jane doe
University of Phoenix

Time for Legalization of Marijuana

Since the early 1970's marijuana legalization has been an issue for debate (Rawson, 2012). Those who do not want it legalized argue that it would increase its use, but the benefits of legalization are hard to ignore. Some of the benefits legalization would bring are: legalization would stimulate the economy, the criminal court system would be free for more important cases, and users and sellers would no longer have to carry the stigma of a criminal conviction for the rest of their lives; any one of these things would help any one of us. The fact is that even if someone does not use marijuana they should reexamine their stance on the issue, and see that everyone can benefit from legalization. To examine this issue thoroughly everyone should know the history of marijuana prohibition in the United States. Although most states had local laws prohibiting marijuana use and possession, it was not until 1937 that the federal government passed the 1937 Marijuana Tax Act. The act itself did not criminalize the possession or usage of marijuana but instead levied a tax of approximately one dollar on anyone who dealt commercially in marijuana. The penalty provisions for violators of the proper procedures could result in a fine of up to $2000 and five years' imprisonment. The intended result of the 1937 Marijuana Tax Act was to effectively make it too risky for anyone to deal in the substance. (Solomon, 2005) In 1951 Congress passed the Boggs Act increasing penalties for all drug violators. The Boggs Act was the first time in federal drug legislation, that marijuana and narcotic drugs were lumped together. The states followed the federal lead. Then, in 1956, Congress passed the Narcotic Control Act, escalating the penalties even more, and the states followed once again. (PBS, 2012) The current Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is a consolidation of numerous previous laws regulating the manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the illicit production of controlled substances. (PBS, 2012) The CSA places all substances that are regulated under existing federal law into one of five schedules. This placement is based upon the substance's medicinal value, harmfulness, and potential for abuse or addiction. Schedule I is reserved for the most dangerous drugs that have no recognized medical use, and, of course, is the current classification of marijuana. Marijuana is in the same category as heroin, cocaine, and methamphetamine. (Chilea, 2011) It really was not until the 1980's that this classification had a significant impact on the enforcement of the restriction of its use. The 1980's began the trend toward cocaine use, especially the cheaper equivalent "crack". It was during this time period that there was strong media attention drawn toward the negative effects of drugs and "the drug problem" that was developing among users. The media's focus on the negative effects of drugs led to the Anti-Drug Abuse Act of 1986, and the Anti-Drug Abuse Act of 1988, enacted by Congress under the Reagan administration. This began the "get tough on drugs" era that continues today. However, recently social attitudes have begun to change especially toward marijuana and its current legal status. In 1999 an institute of Medicine study showed that short term marijuana use appeared to be suitable for specific conditions, such as pain. By 2005 eleven states had authorized marijuana for medicinal use, although federal law still prohibits its use (Chilea, 2011). The federal government still fails to see the benefits that legalization will bring. One benefit that most people probably have not considered is that legalization would stimulate the economy. Legalization has the possibility of generating revenues from taxing marijuana sales and from saving the money the government spends in enforcing marijuana laws. These two things combined could serve to jump start our economy and save it from the downturn it has taken in recent years. A system of taxation and regulation similar to that used for alcoholic beverages would produce combined savings and tax revenues of between $10 billion and $14 billion a year (Huffington Post, 2012). Revenue from the taxation of marijuana sales would be $2.4 billion per year if it were taxed like ordinary consumer goods (Huffington Post, 2012). If it were taxed like alcohol and tobacco the revenue for taxation would be $6.2 billion per year (Huffington Post, 2012). Along with taxation another source of revenue from legalization would come from savings in government expenditures on the enforcement of prohibition. Currently funds are dispersed for law enforcement efforts, interdiction efforts, prosecution efforts, and to incarcerate offenders. These expenditures for marijuana law enforcement cost our government $7.7 billion per year. The state and local levels of government spend $5.3 billion a year on enforcement efforts and the federal government spends $2.4 billion annually (Miron, 2006). That is quite a bit of money that would be generated through legalization. The money spent on enforcement is not the only thing that legalization would save; it also would save our criminal justice system a lot of headaches and man hours that are spent in prosecution efforts. The court system in America is already bogged down with frivolous cases, and enforcing marijuana prohibition adds to this frivolousness. Every arrest begins a process within the legal system that costs the court financially as well as man hours to prosecute each case. Each case has a minimum of a least one court appearance. Some cases can have up to over a dozen court appearances. Each appearance involves a judge, prosecuting attorney, defense attorney, court clerk, and a bailiff. Each one of these people has to be paid for their appearance and their time spent in the court room to prosecute each case. The courts time could be much better spent prosecuting violent cases and cases that are more critical to the public's safety. Many more serious cases aren't given the time needed for a conviction because of time constraints. Often an offender is offered a deal for a lesser crime in the interest of time. The jails across the country are over-crowded with prisoners convicted of offenses related to the prohibition of marijuana. Marijuana offenders have the lowest rate of convictions that include violence. (Yacoubian, 2001) The space that these offenders are using could be much more useful for those offenders convicted of violent offenses and much more serious crimes. An already overburdened and overworked court and jail system would greatly benefit from legalization. Everyone knows at least one person that the prohibition of marijuana has affected. It could be a family member who has been arrested for a marijuana offense or even a friend, but we all know someone. People who are convicted of a marijuana offense carry the stigma of having a criminal record for life, so if prohibition was lifted this would no longer be an issue. Having a criminal record inhibits someone from moving forward in life. Most job applications ask if the person applying has a criminal past, and if so they do not want to hire them. With the unemployment rate as high as it is today, and the job market being as cutthroat as it is today, this would put people at a definite disadvantage when competing against others for a job. There are several industries that will not allow anyone with a criminal past to even apply for the position. Most positions within the criminal justice system like police officers, jailers, and even 911 operators do not allow anyone who applies to have any type of criminal record whatsoever. The stigma that a conviction carries is everlasting. Having a conviction erased from one's past is a lengthy and drawn out process, and the conviction is never fully stricken from one's record. (N.A, 2009) If marijuana were legal all these infractions would never happen, and these consequences would no longer destroy lives. Legalization of marijuana may not have ever been a subject that people have given much thought to, but the fact that we all could benefit from legalization should make everyone give it some thought. In recent years almost everyone has felt the effect of our downtrodden economy, so maybe it is time that legalization comes to pass, at the very least to stimulate our economy. The fact that it can also free up our courts, and save people from the stigma of a criminal record are just additional benefits that affect everyone.

References
Chilea, D. &. (2011). A brief overview of drug control policy in the United States and its current challenges. Judicial Current, pp. 14(3), 13-22.
DuPont, R. (1995). Drug legalization, harm reduction, and drug policy. American College of Physicians, 461-165.
Huffington Post. (2012, April 17). Pot legalization could save U.S. $13.7 billion per year, economists say. Retrieved June 15, 2012, from Huffington post: http://www.huffingtonpost.com/2012/04/17/economists-marijuana-legalization_n_1431840.html?view=print&comm_ref=false
Miron, J. (2006, December 6). Budgetary implications of marijuana prohibition in the United States. Retrieved June 12, 2012, from Prohibition costs: http:\\www.prohibitioncosts.org
N.A. (2009). How long does a felony stay on your record ? Retrieved August 4, 2012, from Felony Guide: http://felonyguide.com/How-long-does-a-felony-stay-on-your-record.php
PBS. (2012). Marijuana Timeline. Retrieved July 6, 2012, from PBS-Frontline: http://www.pbs.org/wgbh/pages/frontline/shows/dope/etc/cron.html
Rawson, S. (2012). History and background of marijuana in the United States. Retrieved June 15, 2012, from Duke University: www.duke.edu/sgr5/p2.htm
Solomon, D. (2005). The Marihuana Tax Act of 1937. Retrieved July 15, 2012, from Schaffer llibrary of drug policy: http://www.druglibrary.org/schaffer/hemp/taxact/mjtaxact.htm
Yacoubian, G. (2001). Beyond the theoritical rhetoric: a proposal to study the consequences of drug legalization. Drug Education, Vol. 31(4), 319-328.