What Will Federal Decriminalization of Cannabis Mean?
Left-wing political eccentrics call this the biggest political layoff of our time. He enjoys rare bipartisan support during a time of bitter political division. This would reduce the number of inmates among people of color and destroy the prison’s industrial complex.
So why is cannabis still not legalized, or at least decriminalized at the federal level?
Congress is poised to tackle the issue in December when it votes on the 2019 Marijuana Reinvestment and Seizure Act, also known as the MORE Act. If passed, the decriminalization bill would radically alter the way weeds function in society and mark the retreat of the US government’s decades-long war on drugs.
What is the Law MORE?
The 2019 Marijuana Reinvestment and Seizure Act is a bill sponsored by former Senator and Vice President-elect Kamala Harris that decriminalizes marijuana by removing it from the government’s controlled substance list.
The legislation seeks a variety of reforms that could stimulate massive revisions of outdated laws affecting criminal convictions, sales tax collection, and the broader economic utility of cannabis.
Here’s a quick overview of what the Law MORE wants to achieve :
- Eliminate federal cannabis criminal penalties by establishing “a conviction removal process and review hearings for federal cannabis-related offenses.”
- Place a 5% federal tax on all marijuana sales and invest in a trust fund to support “various programs and services for individuals and businesses in communities affected by the war on drugs.”
- Make Small Business Administration loans available to cannabis businesses.
- Prohibit denial of federal benefits “based on certain behavior or beliefs related to cannabis.”
- Prohibit denial of federal benefits to immigrants on the basis of cannabis-related offenses.
Difference between decriminalization and legalization
While proponents of cannabis policy reform are encouraged by the economic and social potential of the MORE Act, it is important to highlight some of the differences between decriminalization and outright legalization.
According to the Center for American Progress:
Decriminalization means that possession of a small amount of marijuana will incur fewer or no criminal penalties, although fines and fines may still apply. In New York, for example, possession of small amounts of marijuana for recreational use will not result in an arrest, but the state criminalizes marijuana consumption in public. 11 In general, possession of large quantities of marijuana and trafficking in marijuana remain criminally illegal under this system. Many jurisdictions have decided to decriminalize marijuana in order to prioritize higher-level crime and reduce the cost of justice.
How will decriminalization affect the criminal justice system?
Since 1970, cannabis has been classified as a Schedule 1 drug under the Controlled Substances Act, the same legal classification as drugs such as cocaine, heroin and methamphetamine. The classification has contributed to a dramatic increase in the number of prisoners in the United States, especially among black and Hispanic men.
The Draft Marijuana Policy provides a detailed overview of how the illicit status of cannabis has directly impacted the US prison flow:
FBI statistics show that 90% of the more than 600,000 cannabis seizures each year are related to possession, and cannabis accounts for nearly half of all drug possession arrests in the country. These figures hide decades of repressive policing, with African American and Latin American youths systematically targeted and intimidated.
Further research shows how the mere possession of cannabis has directly contributed to the staggering rise in the prison population in the United States, which now exceeds 2.3 million, according to the Prison Policy Institute . The ACLU’s extensive analysis of drug arrest data shows that cannabis arrests currently account for half of the country’s total drug arrests.
The analysis showed that the increased control over the possession of cannabis had distinct racial connotations:
Of the 8.2 million marijuana arrests between 2001 and 2010, 88% were simply for using marijuana. Arrest data across the country revealed one consistent trend: significant racial bias. Despite roughly equal rates of use, blacks are 3.73 times more likely than whites to be arrested for marijuana.
Economic benefit
For states with shrinking budgets and incomes, especially as the COVID-19 pandemic continues to hit economies, decriminalization and legalization have enormous economic potential. While it is too early to determine how much legalized marijuana has benefited different states , some lessons from recreational legal states such as Washington and Colorado may prove instructive as the problem gains nationwide popularity.
Both states represent early case studies that should surprise any governor hungry for economic stimulus, according to the nonprofit tax fund :
Colorado and Washington’s marijuana tax collections have surpassed initial estimates, and a nationwide legalization and tax regime could allow states to generate billions of dollars a year in marijuana tax revenues.
The cannabis industry also creates jobs. In 2018 the industry’s record growth in employment was observed : Industrial Organization Leafly reported the number of people employed in the range of 211,000 people and had sales in the country amounted to about $ 11 billion as of 2018.
Will the MORE Law be passed?
Dont clear. In a time of massive polarization in Congress and the US in general, the MORE Act is likely to receive at least some Republican support, but reaching the threshold required to pass in the Republican-controlled Senate can be challenging. When the bill was originally introduced to the House of Representatives in September – after it was shelved in the Senate over discussions on a pandemic stimulus package – it got the backing of Republican representatives Matt Goetz and Tom McClintock.
In short, we are far from full legalization, but passing the law MORE would be a significant step towards that. It will be interesting to see how the voting shakes up in December.