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Marijuana Legalization/Decriminalization

Marijuana Legalization/Decriminalization . Andrew Lay Griffin McElwee Rachel Burriss. History. Early History of Cannabis. 6000 B.C.: Cannabis seeds used for food in China 1271-1295: Marco Polo first brings the use of hashish to Europe’s attention after his Journeys

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Marijuana Legalization/Decriminalization

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  1. Marijuana Legalization/Decriminalization Andrew Lay Griffin McElwee Rachel Burriss

  2. History

  3. Early History of Cannabis • 6000 B.C.: Cannabis seeds used for food in China • 1271-1295: Marco Polo first brings the use of hashish to Europe’s attention after his Journeys • 1840: Medicinal preparations of cannabis are made available in the United States • 1906: Pure Food and Drug Act is passed, regulating the labeling of products containing Alcohol, Opiates, Cocaine, and Cannabis, among others

  4. Early History Continued • 1915-1927: Cannabis begins to be prohibited for nonmedical use in the U.S., especially in SW states...California (1915), Texas (1919), Louisiana (1924), and New York (1927) • 1936: Propaganda film “Reefer Madness” made to scare American youth • http://www.youtube.com/watch?v=L1jB7RBGVGk

  5. Uniform State Narcotic Act (1925-1932) • Argued that the traffic of narcotic drugs should have the same safeguards and regulation in all states • By 1930 all states had some regulation of cannabis  Federal Bureau of Narcotics formed for regulation

  6. 1937: Marijuana Tax Act • Due largely to the efforts of businessmen, most notably Randolph Hearst, who feared that hemp would replace timber in the cheap manufacture of paper • Levied a tax equaling roughly one dollar on anyone who dealt commercially in cannabis products • Did not directly criminalize the possession or use of cannabis

  7. History of Mandatory Sentencing in the United States • The Boggs Act of 1952 and the Narcotics Control Act of 1956 made a first-time cannabis possession offense a minimum of two to ten years with a fine up to $20,000 • 1963: Bureau of Narcotics (subsidiary of the Department of the Treasury) and Bureau of Drug Abuse Control (sub. of the Department of Health) combine to form the Bureau of Narcotics and Dangerous Drugs (sub. of the Department of Justice) • Mandatory sentencing repealed again in 1970

  8. Reorganization and Strengthening of Policy • On July 1, 1973, the Bureau of Narcotics and Dangerous Drugs combined with the Office of Drug Abuse Law enforcement to form the Drug Enforcement Administration (DEA) • The Comprehensive Crime Control Act of 1984 under the Reagan Administration created the Sentencing Commission • The Anti-Drug Abuse Act of 1986 reinstated mandatory prison sentences and a three-strikes law which created mandatory life sentences for repeat drug offenders

  9. Where we stand as of April 20th 2010 • Grey: not legal • Light green: medicinally legal • Medium green: Decriminalized • Dark green: Both

  10. Pros and Cons

  11. Pro Legalization/Decriminalization Marijuana is widely used despite laws (NORML) Marijuana is far less dangerous than alcohol or tobacco (The Lancet) Enforcement is expensive (NORML) Possibility to collect tax revenue (NORML) Enforcing prohibition results in a vast number of arrests (NORML) Marijuana legalization would put an end to the crime, corruption, and violence associated with a black market (NORML)

  12. Pros Continued Prohibition denies medical cannabis to the tens of thousands of patients who could benefit from its use (NORML) Approximately 98% of the marijuana destroyed by the costly Domestic Cannabis Eradication/Suppression program is actually hemp (NORML)

  13. Anti Legalization/Decriminalization While marijuana may be safer than other drugs, it is not by any means harmless (Partnership) Marijuana is the primary drug of choice among most teens seeking treatment for a drug problem (Partnership) Legalization may lead to more people driving under the influence (Proposition) Marijuana may be a gateway drug (Partnership) Claims of Marijuana’s medicinal value are oftentimes unfounded (Partnership)

  14. Should the federal government have the right to enforce anti-drug legislation? • Interstate commerce clause • Many argue, on the other hand, that, while the drug trade is most definitely interstate commerce that should be regulated, the federal government should not have the right to set minimum punishment levels for individual users • In addition, others argue that the issue should be left entirely up to the states

  15. Interest Groups • Pro: National Organization to Reform Marijuana Laws (NORML) has a PAC • Con: Partnership for a Drug Free America

  16. Democratic Party • Most members take neutral or pro stance • Obama administration against • They support many different forms of: legalization, decriminalization, and medical use.

  17. Republican Party • The vast majority of the party opposes legalization. • Some members endorse decriminalization and legalization with taxation. • Some take the libertarian view point on the issue.

  18. U.S. Marijuana Party • Founded in 2002, party takes libertarian stance • “We are Americans, and WE do not piss in a cup for anyone” • Complete legalization of marijuana • Believe government is creating genocidal war on drugs, and that drug wars will cause more harm than the drug itself.

  19. Public Opinion

  20. Views on Legalizing—By Party

  21. Legal or Not?

  22. Legalizing and Taxing in Your State?

  23. Recent Developments

  24. United States vs. Oakland Cannabis Buyer’s Cooperative • 2001- United States vs Oakland Cannabis Buyer's Cooperative- Followed up Proposition 215 • May 14, 2001- The Supreme Court voted in favor of the government’s belief that Marijuana should be an illegal narcotic.

  25. Gonzales vs. Raich • 2005- Gonzales vs Raich- The supreme court voted 6-3 in favor of the Commerce Clause of the United States

  26. Assembly Bill No. 390 (2009) • February 23, 2009, Assembly Bill No. 390 - California- The Marijuana Control and Regulation Act.

  27. California Proposition 19 • November 2nd, 2010 • Proposition 19, the Regulate, Control, and Tax Cannabis Act • Most recent attempt at the legalization of Cannabis

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