Law Blog

The End of Marijuana Prohibition?

The Current State of Marijuana Laws

The legalization of marijuana has been an uphill battle. Although there have been three petitions to remove marijuana from the Controlled Substance Act of 1970, the Drug Enforcement Administration has denied all attempts. However, many states are making big waves in the ongoing battle to legalize marijuana.

Twenty states and the District of Columbia have legalized marijuana for medical uses. Colorado and Washington were able to go above and beyond and legalize it for recreational use as well.

To make matters even more optimistic, President Obama has announced that his justice department will not challenge the state marijuana laws so long as they do not conflict with the federal enforcement priorities of selling to children and trafficking drug revenues to gangs and cartels. This means that more states will be attempting to legalize cannabis for recreational use.

Incentives to Legalize Marijuana

The government has several incentives to legalize marijuana. Most importantly, the government will be able to collect tax revenues. Secondly, the government will be able to regulate the drug to make it safer. Instead of spending money to fight against cannabis, the government will be able to gain money from its sale while providing safety measure so that its harms don’t outweigh its benefits.

President Obama has already stated that marijuana is safer than alcohol. With the proper FDA regulations and public education, marijuana will be even less harmful than it is now. For example, in San Jose, California, medical marijuana is legal and the city council is concerned about children getting access to the drugs. In order to protect children, San Jose passed an ordinance to only allow the dispensaries in the industrial parts of town. A happy medium is now found between the safety of children and the people who benefit from the use of medical marijuana.

Although there continue to be many detractors to the use of medical marijuana, it has already been clearly established marijuana has positive treatment effects for multiple sclerosis, chemotherapy, nerve pain, glaucoma, and other serious ailments.

The Future of Marijuana Laws

In a few years, we may look back on this time as the prohibition era for marijuana. However, as the prohibition era comes to an end, new issues are already developing for marijuana users: when marijuana becomes legal, it becomes more expensive from taxes, the quality may decrease, and big business sales tactics may even take the charm out of the whole experience.