Doctors for Drug Policy Reform

Why not decriminalize cannabis rather than legalize it?

Why not decriminalize cannabis rather than legalize it?

Decriminalizing cannabis typically means that cannabis possession is no longer considered a crime. There are several problems with this approach.

  • In most statutes, decriminalization is limited to the personal possession of small amounts (e.g. less than one ounce) of cannabis. The individual in possession of larger amounts of cannabis (e.g. slightly more than one ounce) or those individuals providing the cannabis (e.g. growers, distributors, and sellers) to users remain at risk of receiving criminal charges. This allows the end-user to consume cannabis at relatively small risk but severely punishes those putting in the effort to provide the cannabis.
  • Decriminalization does not necessarily translate to non-enforcement. Nor can it be expected that the enforcement will be equitably distributed across communities. In 1977, New York State decriminalized possession of 25 mg (7/8 oz) or less of cannabis. However, during the Stop and Frisk era of New York City Mayors Rudy Giuliani and Michael Bloomberg (1994-2013), there were over 130,000 arrests for cannabis possession in New York City alone. Despite somewhat higher rates of cannabis use in whites relative to Blacks and Latinos, arrest rates for Black and Latino individuals during this period accounted for approximately 85% of the arrests for cannabis possession.
  • There is substantial variability in what a jurisdiction decriminalizes and how the law is enforced. In New York State, the 1977 law decriminalized cannabis possession unless “open to public view,” at which point possession became a criminal misdemeanor.  During Stop and Frisk, police would pat-down an individual and, if an object was felt, police would remove the object from the individual’s pocket. If cannabis was found, a misdemeanor arrest would be made as the cannabis was now “open in public view.”
  • Under decriminalization, the government does not have the ability to protect public health by monitoring and regulating the cultivation, distribution, or sale of cannabis.
  • The state loses the opportunity to tax the sale of cannabis, thus losing out on important revenue to support prevention efforts, treatment, education, research and other benefits that can accrue from tax revenue.
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