Background

On December 27, 2018, Virginia state senator Adam Ebbin introduced legislation that would reduce penalties for those who were found to be in possession of small amounts of marijuana. Democrat Steve Heretick likewise introduced legislation that would fully legalize marijuana use, manufacture, and distribution (Tyree, 2019). As calls for the legalization of marijuana grow, Virginia is finding itself as a flashpoint in this debate. Although there is a concurrent discussion regarding the use of marijuana for medical purposes, this study will focus on the recreational aspect of marijuana.

            Marijuana is a drug developed from the cannabis plant. The main psychoactive drug found in marijuana is tetrahydrocannibol, or THC, which is what produces euphoric feelings for users (Hudak, 2016, pp. 14-15). As of 2019, 10 states plus the District of Columbia have fully legalized recreational marijuana, with additional states allowing it in small amounts. Colorado and Washington became the first two states to fully legalize it in 2012, followed by Alaska, California, the District of Columbia, Massachusetts, Nevada, and Oregon. In 2018, three more states, including Maine, Michigan, and Vermont all legalized the use of recreational marijuana (National Council of State Legislatures, 2018).

            No states allowed recreational marijuana before 2012, however as of 2019, 20% of states have fully legalized it. Calls for legalization are not only growing among states, but voters’ opinions have taken a dramatic shift in favor of legalization as well. According to Pew Research, 62% of Americans now support legalization, with Millennials showing the strongest support at 74%. Twenty years ago, the results were opposite, with 60% of those surveyed stating recreational marijuana use should be illegal (Hartig & Geiger, 2018). The issue of recreational marijuana legalization continues to be a major policy issue encompasses areas ranging from economics, to personal health, to criminal justice.

Significance of the Problem

            Recreational marijuana legalization may seem like a fairly simple solution to what many view as a harmless drug. Advocates say that marijuana is no more harmful than alcohol or tobacco, and in fact may be less so (Page, 2005, p. 24-25; Hudak, 2016, p. 150). Nevertheless, legalization has the potential to affect public health and overall public morality in many ways. One of the largest contentions surrounding marijuana is its medical effects. First, marijuana is known to impair brain development in adolescents, resulting in increasing difficulty in learning and memory recall through the blocking of receptors in the hippocampus. This negatively affects both short- and long-term memory (Walters, 2005, p. 18). According to the American Academy of Pediatrics (2017), roughly 10% of adolescent users become addicted (p. 33). Other effects include lung problems, psychotic symptoms, and neurological deficiency, particularly among chronic users (Hall & Lynskey, 2016, p. 1764-1765).

            Beyond the potential physical effects, there is the question of whether it is beneficial to Virginians as a whole. After Colorado legalized marijuana, 20% of those involved in fatal car crashes tested positive for THC, up from 10% three years prior (Vogel, 2018, p. E1238). In addition, a 2016 study in Colorado found a substantial uptick in secondhand marijuana ingestion, along with a 30% increase in poison control calls by those affected by marijuana (Thomas, Moser, Dickerson-Young & Mazor, 2017, p. 160). There is also a moral component to legalization. Regardless of health effects, some view marijuana bans as necessary to uphold previously established moral norms, which are geared to prevent a destabilization of society (Montigny, 2011, p. 27). When it comes to marijuana legalization, it is the government’s responsibility to ensure the wellbeing of the public. This means it must address the issue in a way that works for all of Virginia’s citizens.

Policy Alternatives

            There are several policy alternatives through which recreational marijuana in Virginia can be dealt with. First, as introduced by delegate Steve Heretick, there is the policy of full legalization. By ending enforcement of marijuana, proponents claim that it will bring in new revenue for the state. In Colorado, marijuana tax revenue brought in over $250 million in 2018, with projections set to top $1 billion in total revenue since recreational sales began (Colorado Department of Revenue, 2019). Not only will it bring revenue, but also jobs. Nationally, the marijuana industry has grown to nearly 200,000 employees working in both recreational and medical marijuana dispensaries (Giammona, 2018). Proponents claim that it can bring much-needed revenue to states.

            Second, there is the argument for decriminalization, a compromise approach. This has been a popular policy, which reduces and/or abolishes penalties for those found with small amounts of marijuana. As referenced earlier, state senator Adam Ebbin prefers a decriminalization approach. In his bill, those found with up to a half-ounce of marijuana would only have to pay a $50 fine for a first time offense; the current law has penalties of up to 30 days in jail and up to a $500 fine for first time offenders (Lavoie, 2018). This would also have the benefit of easing some of the burdens on law enforcement. In 2016, almost 600,000 arrests nationwide were made for those in possession of marijuana (Giammona, 2018). Decriminalizing would allow authorities to focus on more violent and damaging crime and drugs.

            Third, some want to keep recreational marijuana illegal. The main evidence for such an approach is that marijuana damages the health of users, especially over time. Marijuana not only hinders cognitive functions, but it also changes the brain’s reward center, meaning marijuana users may seek out more potent drugs. Additionally, one study found that those who began using marijuana as teenagers lost an average of seven IQ points by the time they were middle-aged (National Institute on Drug Abuse, 2018). Proponents of keeping recreational marijuana illegal argue that the health effects are too dire to allow widespread use. Each of these alternatives are currently employed in different states.

Conclusion

            When it comes to developing a sound policy for marijuana, there are several factors that come into play. The approach must consider public health, law enforcement capacity, and the potential economic benefits. Each of the above-mentioned alternatives prioritizes one or more of these factors over the others. The crux for Virginia lawmakers is to develop the necessary balance between economic benefit and the wellbeing of its citizens. As longitudinal research on the effects of marijuana use are becoming more available, they must be carefully studied to determine if marijuana is too harmful. A possible solution is to keep recreational marijuana illegal but reduce penalties for those found in possession of it. This could be effective because it does not incentivize a potentially harmful practice but does alleviate a key criminal justice concern. Proponents of full legalization would argue that this does not properly capitalize on potential revenue, however given that marijuana’s health effects are still being discovered and have shown to be harmful, for the interest of the public, keeping marijuana illegal while reducing penalties is a sound policy through which multiple stakeholders can find common ground.

References

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