Should Marijuana Be Legalized?

As the U.S. economy continues its struggle to recover and states look for additional sources of revenue, the issue of legalizing marijuana has once again come to the forefront. California governor, Arnold Schwarzenegger has called for an open debate on the subject, and other states are considering changes to laws involving possession of small quantities of marijuana.

Massachusetts voters have already approved a ballot initiative that has reduced the penalty for possession of less than an ounce of weed to a civil fine of $100. The state has also introduced bills to tax and regulate the cannabis industry.

Is the legalization of marijuana an answer to massive state budget deficits or would it, as some opponents believe, simply open the doors to widespread abuse of the drug, resulting in the need for more treatment centers, thus negating any positive economic benefits?

According to a recent Zogby poll, 52 percent of Americans are in favor of legalization of marijuana for recreational use. Why such a swing? Perhaps one reason is that 13 states have already legalized pot for medical use, thus reducing the stigma in the eyes of more conservative Americans.

Those in opposition to reducing penalties for possession of marijuana hold to the idea that pot is a "gateway" drug that leads to the use of narcotics and hallucinogens. While it's true that most people who become addicted to harder drugs began by smoking pot, there is no scientific evidence supporting this conclusion.

Granted, in some cases, individuals who smoke pot have a higher likelihood of having access to harder drugs, but the fact of their having smoked weed doesn't necessarily drive them to use them. A person who is predisposed to addiction may be more apt to use heroin or cocaine than someone who is not, but the fact of a drug's availability generally isn't the determining factor. Millions of Americans have smoked weed and never gone on to harder drugs.

Marijuana is not in itself an addictive drug, but users can become dependent on it. But people who become dependent are generally people who are looking for an escape from the stress of their lives, and often, these same people also find the same kind of relief in alcohol. The underlying causes for their dependence on marijuana need to be addressed rather than the dependence itself.

Opponents of legalization are concerned that once the penalties for possession are eliminated, the floodgates will open and usage of the drug will spike to unprecedented levels. Certainly, usage will increase, at least initially. Human nature dictates this type of behavior and people who have always wanted to smoke pot, but who have been concerned about getting caught may well indulge. But once the furor has died down, casual usage will most likely level off.

The key to managing the effects of legalization would be the way the laws are written. These laws should mirror those for alcohol possession and usage. There needs to be an age limit under which is it illegal to sell or purchase the drug, and there will also have to be some kind of limitation as to the amount permissible. DUI laws must also be enforced with zero tolerance being shown for people driving under the influence.

Reducing penalties does not necessarily add to a state's revenue stream. In order to benefit state coffers, a system of taxation on marijuana distribution must be instituted. Legal distribution networks need to be established, similar to those in place for the sale and taxation of cigarettes. Marijuana could be sold in packs or loose with state and federal taxes charged at the wholesale level. Those taxes would then be passed on to the consumer.

Unfortunately, this is the point at which the argument to legalize marijuana as a means to generate revenue breaks down. Unlike tobacco, marijuana is easy for people to grow in their homes or gardens. In order to ensure that all marijuana is taxed, there is a fear that local law enforcement agencies would be forced to resort to Gestapo tactics to uncover illegal pot growers. Would there still be penalties for those who attempt to avoid paying taxes by growing their own supplies? And how would they be enforced?

Proponents of legalizing marijuana argue that if law enforcement was freed up from pursuing casual users and dealers, their time could be better spent on more serious crime. But are police departments currently spending a lot of time chasing down the casual user? Probably not.

The time has certainly come to decriminalize the use of marijuana. Casual use poses no more of a risk that casual use of alcohol, and certainly does not impair an individual's ability to function in society. Employers should also cease drug-testing for marijuana as a criteria for hiring or continued employment. A person who smokes an occasional joint is probably less likely to have a substance abuse problem than someone who drinks a six-pack of beer a night. But in terms of generating revenue to save the U.S. economy, legalizing and taxing marijuana may not be a viable solution.