Decriminalization In Massachusetts
Decriminalizing Marijuana in Massachusetts
Abstract
Marijuana, also known as “weed” or “pot” is one of the most used drugs in the United States today. Marijuana involves all age’s majority being ages 13 and older. Weed typically looks like brownish/greenish dried up leaves which can be rolled up into a joint or a cigarette. And even though weed might look harmless, it has become a serious altercation. Our campaign deals with the decriminalization of marijuana in Massachusetts, which removes the user of marijuana from the criminal justice system. By decriminalizing marijuana it will save the state a lot of money, would help the overcrowding issue in Massachusetts jails, and help regulate the drug so that minors can not get it.
INTRODUCTION
Implementing this policy is crucial because it costs a lot …show more content…
of money to enforce the prohibition of marijuana in which it was estimated that taxpayers pay about $10 billion annually in result of arresting over 829,000 people per year. This is way more arrests than murder, rape, robbery, and aggravated assault combined. And because of this it has led to an overcrowding of jails. Since more and more jails are becoming overcrowded, what are they supposed to do with criminals who commit more serious crimes? They cannot just let them walk away because there is not enough room for them. Something has to be done. By implementing that marijuana should be decriminalized, overcrowding of jails will drastically decrease and we will have more space for criminals who commit higher offenses which is the way a jail should operate. By decriminalizing weed, we could also help out our economy and bring it back on its feet. Taxing marijuana would be one of the many ways we could bring our economy back. Some people will argue that marijuana users, teenagers and adults, will not want to pay a tax on marijuana if it becomes legalized. But in reality we already have a tax on cigarettes and cigarettes users still find a way to buy their cigarettes when they need it. The same would go for marijuana. If people really wanted to smoke marijuana they will pay the extra tax.
When this policy becomes implemented, it will become a part of federal jurisdiction. It would not be fair if only certain states were legal and others were not. This policy has to be fair game for everyone. Marijuana is almost nearly harmless compared to heroin, cocaine, or alcohol so why do we even put people in jail for such petty things? We as a society are paying for them to be in jail. According to Goon “It costs approximately $62.05 to house a state or federal prisoner for one day. The annual cost of incarcerating one inmate is over $22,000 and rising. The prison budget is $8.2 billion, and an additional $2 billion to $4 billion is needed to "build out" the overcrowding problem. This is more money than the state spends on higher education” ( Why would you want to pay extra for someone who only smokes weed? That is more money that we could be using to fix our economy. And even though marijuana is a gateway drug, no one in their right mind could ever stop someone from using it. In fact, according to NORML, “More than 14 million Americans smoke regularly, regardless of the laws” ( People will do what they want whenever they want. Even so, the majority of the U.S has or is still experimenting with weed so why can’t it just be legal?
Thousands of people die each year due to alcohol related incidences and hundreds of thousands of deaths are related to smoking tobacco. There has yet to be a case involving overdosing of marijuana and there is no possible way you could die from smoking marijuana. Many laws regarding marijuana use, their penalties and such were created decades and even centuries ago. Times have changed over the years and laws need to accommodate the ever changing lives of Americans. By legalizing marijuana, society and marijuana users will stop becoming the victims. Society is greatly affected by the way the police and jails treat us. If we were able to stop marijuana users from going to jail by legalizing marijuana, society will not have to pay extra money in taxes for them to go to jail. Them going to jail is extremely pointless because once they get out of jail, they are still going to smoke weed. There are other people who commit more serious crimes that deserve to be in jail and marijuana users is not one of them. If we get these people out of jail, our society will gradually become out of debt and jails will have more room for the people that deserve to be there. Society right now is an extreme mess and has a lot of miscommunication. Legalizing marijuana will help society understand that this is the way society is now and a lot more people are smoking weed than in earlier years. We need to start realizing our problems and adapting to our society that will help us economically in the future. Once this becomes legalized, we will be one step closer to adapting to the way our society is today.
Description of current policy and laws
Currently in Massachusetts the laws for personal use of marijuana was changed in the 2008 election. Instead of being arrested for having an ounce, the state voted that possession of less than an ounce is punishable by a fine, instead jail. More than 1 oz (first offense) is a misdemeanor and you can be incarcerated for six months and fined up to $500. Anything after the first offense is considered a misdemeanor with incarceration time of two years and a fine up to $2,000. With the intent to distribute, less than 50lbs (first offense) is 0-2 years incarceration time and a fine up to $5,000. Less than 50lbs (subsequent offense) is 1-2.5 years incarceration time and a fine up to $10,000. According to NORML, “in the last decade, 6.5 million Americans have been arrested on marijuana charges, a greater number than the entire populations of Alaska, Delaware, the District of Columbia, Montana, North Dakota, South Dakota, Vermont and Wyoming combined.”
The limitations that are associated with the current law is that it is costing a lot of money to keep this law and overcrowding of jails. Marijuana should legal because it would save the government money. In the United States, all levels of government take part in the "War on Drugs." Currently billions of dollars are spent every year to chase peaceful people who happen to like to get high. In 2010, state and local law enforcement arrested 853,838 people for marijuana violations. Annual marijuana arrests have nearly tripled since the early 1990s and the highest number ever recorded by the FBI. (NORML Foundation. 2012).
As has been the case throughout the 1990s, the overwhelming majority of those charged with marijuana violations in 2010; 758,593 Americans, were for simple possession. The remaining 99,815 individuals were for "sale/manufacture", an FBI category which includes marijuana grown for personal use or purely medical purposes. (Jones, M.T. 2009). These new FBI statistics, according to Jones, indicates that one marijuana smoker is arrested every 37 seconds in America. Taken together, the total number of marijuana arrests for 2010 far exceeded the combined number of arrests for violent crimes, including murder, manslaughter, forcible rape, robbery and aggravated assault. (Jones, M.T. 2009).
The government only has a right to limit those choices if the individual 's actions endanger someone else. This does not apply to marijuana, since the individual who chooses to use marijuana does so according to his or her own free will. The government also may have a right to limit individual actions if the actions pose a significant threat to the individual. But this argument does not logically apply to marijuana because marijuana is far less dangerous than some drugs which are legal, such as alcohol and tobacco which is why marijuana should be legal. Also, defendants convicted of possession of marijuana are being incarcerated and the taxpayers have to pay the bill. Taxpayer’s pay for food, housing, health care, attorney fees, court costs, and other expenses to keep these defendants incarcerated. This is extremely expensive! Billions of dollars could be saved every year as a nation if it wasn’t wasted on keeping people incarcerated for the possession of marijuana. In addition, if marijuana were legal, the government would be able to collect taxes on it, and would have a lot more money to pay for effective drug education programs and other important causes.
Proposition
There are currently fourteen states within the United States have already decriminalized marijuana and have set forth guidelines of penalties associated with each offense. These guidelines incorporate such things as possession, possession with intent to distribute, and sale/distribution as well as cultivation, hash and concentrates and paraphernalia. By legalizing marijuana and creating new guidelines state agencies will be able to control the use of marijuana. It seems as though it is commonsense that “drug abuse” will never really go away. Legalization of marijuana is currently for medical purposes only. The New York Times (October 8, 2012) states it perfectly when saying “the goal of legalization is not to make access to marijuana easier, but rather, to make our communities safer by regulating this substance, taking it out of the underground market, controlling it and better keeping it away from young people.” In our campaign we are proposing that the state of Massachusetts continue moving forward by legalizing marijuana for adults 18 years of age and older. The amount an individual could possess would be one ounce or less for personal use. We are also setting forth guidelines that are clearly spelled out regarding the offense, penalty and/or fines (see chart below). Penalties for “drugged driving” would fall under the guidelines for DUI’s or DWI’s. We are also proposing that only the state of Massachusetts would be able to cultivate, sell and distribute marijuana. All marijuana purchases must be made through marijuana dispensaries throughout the Massachusetts. This would allow the state to regulate the distribution as well as tax on marijuana. Tax on marijuana would be helping the no only the state of Massachusetts get out of debt but the government as well. We would be saving money on police officers dealing with many small marijuana possession offenses, the jails holding these people of petty possession infractions as well as the legal action taken against these individuals. By legalizing marijuana use there would no longer be long drawn out cases, postponement upon postponement, or wasting fund on state appointed attorneys dealing with simple possession cases. Beyond all the money saved throughout the criminal justice system, the state and government would also be getting the taxes on all marijuana purchases thus helping pay off the enormous debt. Our campaign is also proposing to place marijuana dispensaries throughout the state. There are 14 counties in Massachusetts so we would place two dispensaries in each county and 4 dispensaries in Boston. This would total 30 marijuana dispensaries. There are already some programs created educating individuals about marijuana, some colleges even offer this class to students free of charge. We are proposing that some of the smaller offenses will require individuals to participate in an education program. This program will be state run and will be teaching individuals about marijuana and the procedures to follow for responsible use. It will also set up a plan for reducing use or even stopping use should the individual want to go in that direction. This program will equip individuals with the knowledge to be responsible. Upon completion and passing of this course, there would also be an option to meet with a psychologist or licensed clinical social worker (upon insurance approval) to continue treatment. ?Legalization
Offense Penalty Maximum Incarceration Maximum Fine
Possession
~ 4 oz or less in your residence Not Classified None None ~ 1 oz or less Civil Offence* None $100.00 ~ More than 1 oz (first offense) Misdemeanor * 6 Months $500.00 ~ More than 1 oz (subsequent offences) Misdemeanor *** 1** - 5 Years $1,000.00
With intent to distribute ~ Any amount Felony 2** - 5 Years $2,000 ~ Following a felony conviction of any drug offense Felony 5 Years $5,000 ~ To a minor or within 1,000 feet of a school Felony 10 Years $10,000 * Mandatory Drug Education Course
** Mandatory Minimum
*** Community Service / Probation Cultivation ~ Less than 100 lbs Felony 1** - 5 Years $10,000 ~ 101 - 2,000 lbs Felony 5 - 10 Years $25,000 ~ 2,001 - 10,000 lbs Felony 5** - 15 Years $50,000 ~ 10,001 lbs and more Felony 10** - 100 Years $250,000 Pharaphernalia ~ Possession of (first offense) Civil offense None $100.00 ~ Possession of (Subsequent offenses) Civil offense None $300.00
Limitations
The current Massachusetts policy makes marijuana decriminalized but still illegal in the state. The new proposition of making it legal could be very beneficial to Massachusetts if the right policies are put into place. The law should have limits and rules to regulate the marijuana market. Some limits to the law could include how much a store can sell or to who it can sell to. Also the new law could have an overall economic effect in the state. The rights of the constitution and people would apply to the new marijuana laws making the new law applicable to everyone. The overall idea of changing this policy is to make sure it benefits as many people as possible. It would also be another freedom people have giving people even more of a sense of freedom. Some limits that could be put into place are on minors. If marijuana were to be legal it should be only distributed to people of age. The age appropriate should be age 18. Also if it were regulated by the government and taxed this would benefit America by making jobs and giving the government more money. As far as cost goes it would only benefit the Massachusetts economy. If it were taxed and sold like cigarettes or alcohol the government could make a lot of money. Marijuana cost is expected to be lower if it was sold legally (Tedeschi, G. A. 2007). Also billions are spent on the war on drugs. If marijuana was legal this cost would drop greatly. So many people are imprisoned due to marijuana. The crime rate and arrest rate would drop if it were legal to sell and own marijuana (Tedeschi, G. A. 2007). Most arrests are due to some kind of drug and half of those are due to marijuana (Gaffney, A., & Payne, J. 2012). If marijuana were legal these arrest rates would drastically drop. This would all sum up to less time and money spent on detaining a lot of people. This means less money in inmate housing as well as court systems because more people are kept out of jail. So in a way it could add to more people being free. Constitutionally it seems acceptable. If we are a free country there should be no reason why alcohol is legal and marijuana is not. It does not negatively affect others and should be a right just as cigarettes and alcohol is a right. There are some complications that can also correlate with legalization of weed. If marijuana was made legal there are some issues that would follow. It could shake the foundations of our society ( Nadelmann, A. Ethan. & Walters, P. John 2010). This would mean we are becoming more lenient and this could be dangerous. Other issues could be an increase of substance abuse (Stares, P. B. 1996). If it was made legal it would be seen has harmless and more people might take part in the activity. This could lead to personal issues just as alcohol and cigarettes create. The last problem that comes with legalization is the transfer over. It would take a very complicated system to work best. This means many laws and regulations would have to be put into place for it to work (Stares, P. B. 1996). This could include age, prices, and distributing. The overall lift of the marijuana prohibition would be an issue. So it would take the right laws to work and this could be hard to obtain.
References
Acute Effects of Marijuana Smoking on Negative and Positive Affect. (2011). Journal of Cognitive Psychotherapy, 25(1), 31-46. doi:10.1891/0889-8391.25.1.31
Barnes, R. (2000). REEFER MADNESS: LEGAL & MORAL ISSUES SURROUNDING THE MED ICAL PRESCRIPTION OF MARIJUANA. Bioethics, 14(1), 16.
Altieri, E. (2012). Massachusetts penalties. Retrieved from http://www.whitehouse.gov/ondcp/federal- laws-pertaining-to-marijuana
Baumer, T. L. (2007). Reducing lockup crowding with expedited initial processing of minor offenders. Journal Of Criminal Justice, 35(3),273281.doi:10.1016/j.jcrimjus.2007.03.004
Berg, J. (2006). Smokescreen. Hastings Center Report, 36(4), 49.
Bourgois, P. (2008). The Mystery of Marijuana: Science and the U.S. War on Drugs. Substance Use & Misuse, 43(3/4), 581-583. doi:10.1080/1082608070188485.
Bretteville-Jensen, A. (2006, April 1). To Legalize or Not To Legalize? Economic Approaches to the Decriminalization of Drugs. Substance Use & Misuse, 41(4), 555-565. doi:10.1080/10826080500521565
Criminology’ 10th ed., pp. 217-238, in Hickey, Thomas (ed.) New York: McGraw-Hill Publishers.
Goon, D. (n.d.). Prison Overcrowding in the United States. Squidoo : Welcome to Squidoo. Retrieved October 7, 2012, from http://www.squidoo.com/prison-overcrowding-is-quickly- becoming-a-major-problem-in-the-united-states.
Henrichson, C., & Delaney, R. (2012, January). The Price of Prisons: What Incarceration Costs Taxpayers . In Vera Institute of Justice. Retrieved October 7, 2012, from http://www.vera.org/download?file=3542/Price%2520of%2520Prisons_updated%2520version_ 072512.pdf
Joffe, A., & Yancy, W. (2004). Legalization of Marijuana: Potential Impact on Youth. Pediatrics, 113(6), e632-e638.
Jones, M. T. (2009). PRISON OVERCROWDING: THE SENTENCING JUDGE AS SOCIALWORKER. Widener
Law Journal, 18(2), 491-498.
Judah, E., & Bryant, M. (2004). Criminal justice: Retribution vs. restoration.
Kapp, C. (2003). Swiss debate whether to legalise cannabis. Lancet, 362(9388), 970.
Legalize Marijuana, Legal Weed, Marijuana Facts . (n.d.). Legalize Marijuana, Legal Weed, Marijuana Facts. Retrieved October 8, 2012, from http://legalizationofmarijuana.com/ Marijuana Policy Project. (n.d.). State-By-State Medical Marijuana Laws. Marijuana Policy Project - Home. Retrieved October 9, 2012, from http://www.mpp.org/legislation/state-by-state-medical- marijuana-laws.html
Nathan, D. L. (2010, January 15). A Doctor 's Case for Legal Pot. Wall Street Journal. Retrieved October 7, 2012, from http://maxwell.bridgew.edu.libserv- prd.bridgew.edu/login?url=http://search.proquest.com.libserv- prd.bridgew.edu/docview/399134118?accountid=9725
NORML and the NORML Foundation. (2012). States that have decriminalized. Retrieved from http://norml.org/marijuana/personal/item/states-that-have-decriminalized
Office of National Drug Control Policy.
(n.d.). Office of National Drug Control Policy | The White House. The White House. Retrieved October 9, 2012, from http://www.whitehouse.gov/ondcp
PR Newswire. (2012, September 12). Listen now! Dangers of federal prison overcrowding discussed on "inside government". Retrieved from http://news.yahoo.com/listen-now-dangers-federal-prison-overcrowding-discussed-inside-194100828.html
Schlosser, E. (n.d.). Interviews - Eric Schlosser | Busted - America 's War On Marijuana | FRONTLINE | PBS. PBS: Public Broadcasting Service. Retrieved October 9, 2012, from http://www.pbs.org/wgbh/pages/frontline/shows/dope/interviews/schlosser.html
States That Have Decriminalized. (n.d.). NORML.org - Working to Reform Marijuana Laws. Retrieved
Statistics on Marijuana. (n.d.). Marijuana Addiction, Addiction Treatment, Marijuana Use Signs. Retrieved October 7, 2012, from http://www.marijuanaaddiction.org/Marijuana_Statistics.htm
Teichner, M. (2012, April 22). The cost of a nation of incarceration. In CBS News. Retrieved October 7, 2012, from http://www.cbsnews.com/8301-3445_162-57418495/the-cost-of-a-nation-of-
incarceration/
United States Government, Drug Enforcement Administration. (2012). Jurisdictions, charges, and penalties. Retrieved from http://www.getsmartaboutdrugs.com/identify/jurisdictions_charges_and_penalties.html
Abstract
Marijuana, also known as “weed” or “pot” is one of the most used drugs in the United States today. Marijuana involves all age’s majority being ages 13 and older. Weed typically looks like brownish/greenish dried up leaves which can be rolled up into a joint or a cigarette. And even though weed might look harmless, it has become a serious altercation. Our campaign deals with the decriminalization of marijuana in Massachusetts, which removes the user of marijuana from the criminal justice system. By decriminalizing marijuana it will save the state a lot of money, would help the overcrowding issue in Massachusetts jails, and help regulate the drug so that minors can not get it.
INTRODUCTION
Implementing this policy is crucial because it costs a lot …show more content…
of money to enforce the prohibition of marijuana in which it was estimated that taxpayers pay about $10 billion annually in result of arresting over 829,000 people per year. This is way more arrests than murder, rape, robbery, and aggravated assault combined. And because of this it has led to an overcrowding of jails. Since more and more jails are becoming overcrowded, what are they supposed to do with criminals who commit more serious crimes? They cannot just let them walk away because there is not enough room for them. Something has to be done. By implementing that marijuana should be decriminalized, overcrowding of jails will drastically decrease and we will have more space for criminals who commit higher offenses which is the way a jail should operate. By decriminalizing weed, we could also help out our economy and bring it back on its feet. Taxing marijuana would be one of the many ways we could bring our economy back. Some people will argue that marijuana users, teenagers and adults, will not want to pay a tax on marijuana if it becomes legalized. But in reality we already have a tax on cigarettes and cigarettes users still find a way to buy their cigarettes when they need it. The same would go for marijuana. If people really wanted to smoke marijuana they will pay the extra tax.
When this policy becomes implemented, it will become a part of federal jurisdiction. It would not be fair if only certain states were legal and others were not. This policy has to be fair game for everyone. Marijuana is almost nearly harmless compared to heroin, cocaine, or alcohol so why do we even put people in jail for such petty things? We as a society are paying for them to be in jail. According to Goon “It costs approximately $62.05 to house a state or federal prisoner for one day. The annual cost of incarcerating one inmate is over $22,000 and rising. The prison budget is $8.2 billion, and an additional $2 billion to $4 billion is needed to "build out" the overcrowding problem. This is more money than the state spends on higher education” ( Why would you want to pay extra for someone who only smokes weed? That is more money that we could be using to fix our economy. And even though marijuana is a gateway drug, no one in their right mind could ever stop someone from using it. In fact, according to NORML, “More than 14 million Americans smoke regularly, regardless of the laws” ( People will do what they want whenever they want. Even so, the majority of the U.S has or is still experimenting with weed so why can’t it just be legal?
Thousands of people die each year due to alcohol related incidences and hundreds of thousands of deaths are related to smoking tobacco. There has yet to be a case involving overdosing of marijuana and there is no possible way you could die from smoking marijuana. Many laws regarding marijuana use, their penalties and such were created decades and even centuries ago. Times have changed over the years and laws need to accommodate the ever changing lives of Americans. By legalizing marijuana, society and marijuana users will stop becoming the victims. Society is greatly affected by the way the police and jails treat us. If we were able to stop marijuana users from going to jail by legalizing marijuana, society will not have to pay extra money in taxes for them to go to jail. Them going to jail is extremely pointless because once they get out of jail, they are still going to smoke weed. There are other people who commit more serious crimes that deserve to be in jail and marijuana users is not one of them. If we get these people out of jail, our society will gradually become out of debt and jails will have more room for the people that deserve to be there. Society right now is an extreme mess and has a lot of miscommunication. Legalizing marijuana will help society understand that this is the way society is now and a lot more people are smoking weed than in earlier years. We need to start realizing our problems and adapting to our society that will help us economically in the future. Once this becomes legalized, we will be one step closer to adapting to the way our society is today.
Description of current policy and laws
Currently in Massachusetts the laws for personal use of marijuana was changed in the 2008 election. Instead of being arrested for having an ounce, the state voted that possession of less than an ounce is punishable by a fine, instead jail. More than 1 oz (first offense) is a misdemeanor and you can be incarcerated for six months and fined up to $500. Anything after the first offense is considered a misdemeanor with incarceration time of two years and a fine up to $2,000. With the intent to distribute, less than 50lbs (first offense) is 0-2 years incarceration time and a fine up to $5,000. Less than 50lbs (subsequent offense) is 1-2.5 years incarceration time and a fine up to $10,000. According to NORML, “in the last decade, 6.5 million Americans have been arrested on marijuana charges, a greater number than the entire populations of Alaska, Delaware, the District of Columbia, Montana, North Dakota, South Dakota, Vermont and Wyoming combined.”
The limitations that are associated with the current law is that it is costing a lot of money to keep this law and overcrowding of jails. Marijuana should legal because it would save the government money. In the United States, all levels of government take part in the "War on Drugs." Currently billions of dollars are spent every year to chase peaceful people who happen to like to get high. In 2010, state and local law enforcement arrested 853,838 people for marijuana violations. Annual marijuana arrests have nearly tripled since the early 1990s and the highest number ever recorded by the FBI. (NORML Foundation. 2012).
As has been the case throughout the 1990s, the overwhelming majority of those charged with marijuana violations in 2010; 758,593 Americans, were for simple possession. The remaining 99,815 individuals were for "sale/manufacture", an FBI category which includes marijuana grown for personal use or purely medical purposes. (Jones, M.T. 2009). These new FBI statistics, according to Jones, indicates that one marijuana smoker is arrested every 37 seconds in America. Taken together, the total number of marijuana arrests for 2010 far exceeded the combined number of arrests for violent crimes, including murder, manslaughter, forcible rape, robbery and aggravated assault. (Jones, M.T. 2009).
The government only has a right to limit those choices if the individual 's actions endanger someone else. This does not apply to marijuana, since the individual who chooses to use marijuana does so according to his or her own free will. The government also may have a right to limit individual actions if the actions pose a significant threat to the individual. But this argument does not logically apply to marijuana because marijuana is far less dangerous than some drugs which are legal, such as alcohol and tobacco which is why marijuana should be legal. Also, defendants convicted of possession of marijuana are being incarcerated and the taxpayers have to pay the bill. Taxpayer’s pay for food, housing, health care, attorney fees, court costs, and other expenses to keep these defendants incarcerated. This is extremely expensive! Billions of dollars could be saved every year as a nation if it wasn’t wasted on keeping people incarcerated for the possession of marijuana. In addition, if marijuana were legal, the government would be able to collect taxes on it, and would have a lot more money to pay for effective drug education programs and other important causes.
Proposition
There are currently fourteen states within the United States have already decriminalized marijuana and have set forth guidelines of penalties associated with each offense. These guidelines incorporate such things as possession, possession with intent to distribute, and sale/distribution as well as cultivation, hash and concentrates and paraphernalia. By legalizing marijuana and creating new guidelines state agencies will be able to control the use of marijuana. It seems as though it is commonsense that “drug abuse” will never really go away. Legalization of marijuana is currently for medical purposes only. The New York Times (October 8, 2012) states it perfectly when saying “the goal of legalization is not to make access to marijuana easier, but rather, to make our communities safer by regulating this substance, taking it out of the underground market, controlling it and better keeping it away from young people.” In our campaign we are proposing that the state of Massachusetts continue moving forward by legalizing marijuana for adults 18 years of age and older. The amount an individual could possess would be one ounce or less for personal use. We are also setting forth guidelines that are clearly spelled out regarding the offense, penalty and/or fines (see chart below). Penalties for “drugged driving” would fall under the guidelines for DUI’s or DWI’s. We are also proposing that only the state of Massachusetts would be able to cultivate, sell and distribute marijuana. All marijuana purchases must be made through marijuana dispensaries throughout the Massachusetts. This would allow the state to regulate the distribution as well as tax on marijuana. Tax on marijuana would be helping the no only the state of Massachusetts get out of debt but the government as well. We would be saving money on police officers dealing with many small marijuana possession offenses, the jails holding these people of petty possession infractions as well as the legal action taken against these individuals. By legalizing marijuana use there would no longer be long drawn out cases, postponement upon postponement, or wasting fund on state appointed attorneys dealing with simple possession cases. Beyond all the money saved throughout the criminal justice system, the state and government would also be getting the taxes on all marijuana purchases thus helping pay off the enormous debt. Our campaign is also proposing to place marijuana dispensaries throughout the state. There are 14 counties in Massachusetts so we would place two dispensaries in each county and 4 dispensaries in Boston. This would total 30 marijuana dispensaries. There are already some programs created educating individuals about marijuana, some colleges even offer this class to students free of charge. We are proposing that some of the smaller offenses will require individuals to participate in an education program. This program will be state run and will be teaching individuals about marijuana and the procedures to follow for responsible use. It will also set up a plan for reducing use or even stopping use should the individual want to go in that direction. This program will equip individuals with the knowledge to be responsible. Upon completion and passing of this course, there would also be an option to meet with a psychologist or licensed clinical social worker (upon insurance approval) to continue treatment. ?Legalization
Offense Penalty Maximum Incarceration Maximum Fine
Possession
~ 4 oz or less in your residence Not Classified None None ~ 1 oz or less Civil Offence* None $100.00 ~ More than 1 oz (first offense) Misdemeanor * 6 Months $500.00 ~ More than 1 oz (subsequent offences) Misdemeanor *** 1** - 5 Years $1,000.00
With intent to distribute ~ Any amount Felony 2** - 5 Years $2,000 ~ Following a felony conviction of any drug offense Felony 5 Years $5,000 ~ To a minor or within 1,000 feet of a school Felony 10 Years $10,000 * Mandatory Drug Education Course
** Mandatory Minimum
*** Community Service / Probation Cultivation ~ Less than 100 lbs Felony 1** - 5 Years $10,000 ~ 101 - 2,000 lbs Felony 5 - 10 Years $25,000 ~ 2,001 - 10,000 lbs Felony 5** - 15 Years $50,000 ~ 10,001 lbs and more Felony 10** - 100 Years $250,000 Pharaphernalia ~ Possession of (first offense) Civil offense None $100.00 ~ Possession of (Subsequent offenses) Civil offense None $300.00
Limitations
The current Massachusetts policy makes marijuana decriminalized but still illegal in the state. The new proposition of making it legal could be very beneficial to Massachusetts if the right policies are put into place. The law should have limits and rules to regulate the marijuana market. Some limits to the law could include how much a store can sell or to who it can sell to. Also the new law could have an overall economic effect in the state. The rights of the constitution and people would apply to the new marijuana laws making the new law applicable to everyone. The overall idea of changing this policy is to make sure it benefits as many people as possible. It would also be another freedom people have giving people even more of a sense of freedom. Some limits that could be put into place are on minors. If marijuana were to be legal it should be only distributed to people of age. The age appropriate should be age 18. Also if it were regulated by the government and taxed this would benefit America by making jobs and giving the government more money. As far as cost goes it would only benefit the Massachusetts economy. If it were taxed and sold like cigarettes or alcohol the government could make a lot of money. Marijuana cost is expected to be lower if it was sold legally (Tedeschi, G. A. 2007). Also billions are spent on the war on drugs. If marijuana was legal this cost would drop greatly. So many people are imprisoned due to marijuana. The crime rate and arrest rate would drop if it were legal to sell and own marijuana (Tedeschi, G. A. 2007). Most arrests are due to some kind of drug and half of those are due to marijuana (Gaffney, A., & Payne, J. 2012). If marijuana were legal these arrest rates would drastically drop. This would all sum up to less time and money spent on detaining a lot of people. This means less money in inmate housing as well as court systems because more people are kept out of jail. So in a way it could add to more people being free. Constitutionally it seems acceptable. If we are a free country there should be no reason why alcohol is legal and marijuana is not. It does not negatively affect others and should be a right just as cigarettes and alcohol is a right. There are some complications that can also correlate with legalization of weed. If marijuana was made legal there are some issues that would follow. It could shake the foundations of our society ( Nadelmann, A. Ethan. & Walters, P. John 2010). This would mean we are becoming more lenient and this could be dangerous. Other issues could be an increase of substance abuse (Stares, P. B. 1996). If it was made legal it would be seen has harmless and more people might take part in the activity. This could lead to personal issues just as alcohol and cigarettes create. The last problem that comes with legalization is the transfer over. It would take a very complicated system to work best. This means many laws and regulations would have to be put into place for it to work (Stares, P. B. 1996). This could include age, prices, and distributing. The overall lift of the marijuana prohibition would be an issue. So it would take the right laws to work and this could be hard to obtain.
References
Acute Effects of Marijuana Smoking on Negative and Positive Affect. (2011). Journal of Cognitive Psychotherapy, 25(1), 31-46. doi:10.1891/0889-8391.25.1.31
Barnes, R. (2000). REEFER MADNESS: LEGAL & MORAL ISSUES SURROUNDING THE MED ICAL PRESCRIPTION OF MARIJUANA. Bioethics, 14(1), 16.
Altieri, E. (2012). Massachusetts penalties. Retrieved from http://www.whitehouse.gov/ondcp/federal- laws-pertaining-to-marijuana
Baumer, T. L. (2007). Reducing lockup crowding with expedited initial processing of minor offenders. Journal Of Criminal Justice, 35(3),273281.doi:10.1016/j.jcrimjus.2007.03.004
Berg, J. (2006). Smokescreen. Hastings Center Report, 36(4), 49.
Bourgois, P. (2008). The Mystery of Marijuana: Science and the U.S. War on Drugs. Substance Use & Misuse, 43(3/4), 581-583. doi:10.1080/1082608070188485.
Bretteville-Jensen, A. (2006, April 1). To Legalize or Not To Legalize? Economic Approaches to the Decriminalization of Drugs. Substance Use & Misuse, 41(4), 555-565. doi:10.1080/10826080500521565
Criminology’ 10th ed., pp. 217-238, in Hickey, Thomas (ed.) New York: McGraw-Hill Publishers.
Goon, D. (n.d.). Prison Overcrowding in the United States. Squidoo : Welcome to Squidoo. Retrieved October 7, 2012, from http://www.squidoo.com/prison-overcrowding-is-quickly- becoming-a-major-problem-in-the-united-states.
Henrichson, C., & Delaney, R. (2012, January). The Price of Prisons: What Incarceration Costs Taxpayers . In Vera Institute of Justice. Retrieved October 7, 2012, from http://www.vera.org/download?file=3542/Price%2520of%2520Prisons_updated%2520version_ 072512.pdf
Joffe, A., & Yancy, W. (2004). Legalization of Marijuana: Potential Impact on Youth. Pediatrics, 113(6), e632-e638.
Jones, M. T. (2009). PRISON OVERCROWDING: THE SENTENCING JUDGE AS SOCIALWORKER. Widener
Law Journal, 18(2), 491-498.
Judah, E., & Bryant, M. (2004). Criminal justice: Retribution vs. restoration.
Kapp, C. (2003). Swiss debate whether to legalise cannabis. Lancet, 362(9388), 970.
Legalize Marijuana, Legal Weed, Marijuana Facts . (n.d.). Legalize Marijuana, Legal Weed, Marijuana Facts. Retrieved October 8, 2012, from http://legalizationofmarijuana.com/ Marijuana Policy Project. (n.d.). State-By-State Medical Marijuana Laws. Marijuana Policy Project - Home. Retrieved October 9, 2012, from http://www.mpp.org/legislation/state-by-state-medical- marijuana-laws.html
Nathan, D. L. (2010, January 15). A Doctor 's Case for Legal Pot. Wall Street Journal. Retrieved October 7, 2012, from http://maxwell.bridgew.edu.libserv- prd.bridgew.edu/login?url=http://search.proquest.com.libserv- prd.bridgew.edu/docview/399134118?accountid=9725
NORML and the NORML Foundation. (2012). States that have decriminalized. Retrieved from http://norml.org/marijuana/personal/item/states-that-have-decriminalized
Office of National Drug Control Policy.
(n.d.). Office of National Drug Control Policy | The White House. The White House. Retrieved October 9, 2012, from http://www.whitehouse.gov/ondcp
PR Newswire. (2012, September 12). Listen now! Dangers of federal prison overcrowding discussed on "inside government". Retrieved from http://news.yahoo.com/listen-now-dangers-federal-prison-overcrowding-discussed-inside-194100828.html
Schlosser, E. (n.d.). Interviews - Eric Schlosser | Busted - America 's War On Marijuana | FRONTLINE | PBS. PBS: Public Broadcasting Service. Retrieved October 9, 2012, from http://www.pbs.org/wgbh/pages/frontline/shows/dope/interviews/schlosser.html
States That Have Decriminalized. (n.d.). NORML.org - Working to Reform Marijuana Laws. Retrieved
Statistics on Marijuana. (n.d.). Marijuana Addiction, Addiction Treatment, Marijuana Use Signs. Retrieved October 7, 2012, from http://www.marijuanaaddiction.org/Marijuana_Statistics.htm
Teichner, M. (2012, April 22). The cost of a nation of incarceration. In CBS News. Retrieved October 7, 2012, from http://www.cbsnews.com/8301-3445_162-57418495/the-cost-of-a-nation-of-
incarceration/
United States Government, Drug Enforcement Administration. (2012). Jurisdictions, charges, and penalties. Retrieved from http://www.getsmartaboutdrugs.com/identify/jurisdictions_charges_and_penalties.html