In 1972, the United States National Commission on Marihuana and Drug Abuse issued a report, "Marihuana: A Signal of Misunderstanding," that recommended moving away from the criminalization of personal marijuana use and replacing it with a policy to discourage its use. A half-century later, marijuana possession remains a federal crime. While there is widespread agreement that current federal policy is falling short, there is disagreement on how best to move forward.
The public appears to fall into one of three categories on this issue: those who support legalizing marijuana for recreational and medical uses; others who support legalizing use for medical purposes and decriminalizing possession, to include expunging criminal records of prior convictions consistent with any new decriminalization provisions; and another group that opposes any legalization.
In a Gallup poll conducted just before the election last year, 68% of those sampled responded “yes” when asked “Do you think the use of marijuana should be made legal?”.
A top priority of reform must be to eliminate the racial disparity in arresting and sentencing. In a study that analyzed sets of data collected by the FBI’s Uniform Crime Reporting Program and the U.S. Census Bureau, it was determined that on average, while Blacks and whites use marijuana at similar rates, a Black person is 3.73 times more likely to be arrested for marijuana possession.
In reforming federal law pertaining to marijuana use, we must get it right. A national drug policy will be effective and fair only if it is built on science-based research from a broad array of fields, including medicine, economics, sociology, psychology, and public safety. We need to ensure that we have appropriately and adequately assessed what impacts any changes in the law will have.
The best way to ensure sound policy is for the president or Congress to create an independent commission to review the data already available, collect additional data as needed, and make research-based recommendations.
We also need to have a national conversation that is fact-based and rational.
A recent study in the Netherlands found that legal access to recreational marijuana correlated negatively with academic performance. When the city of Maastricht passed a law prohibiting noncitizens from accessing cannabis shops, researchers found that foreign students who were no longer able to legally access cannabis had substantially improved academic performance, while those students who could still legally access cannabis did not. The improvements were even larger for low performing students and in courses that require more mathematical skills.
Additionally, according to the U.S. National Institute on Drug Abuse, a review of 48 studies found marijuana use to be associated with reduced likelihood of finishing school. Heavy marijuana use has been found to correlate with lower life satisfaction.
Researchers at the University of California San Francisco found that legalizing the recreational use of marijuana is associated with an increase in its abuse; injury due to overdoses; and an increase in car accidents. There are also several studies that have found a correlation between marijuana use and the risk for psychiatric disorders, including schizophrenia and depression.
On the other hand, a team of researchers in another study found that legalized recreational use of marijuana correlated with a reduction in workers’ compensation benefits and a decline in non-traumatic workplace injury rates. Their research also suggested that work capacity improved, likely due to the marijuana serving as a form of pain management therapy. And there are a number of studies whose findings suggest that medical use of marijuana may reduce opioid abuse.
It would be a mistake to adopt policy that leads to more car accidents, lower academic performance, more people overdosing, and more people suffering from psychiatric disorders. Given the racial disparities in access to education quality and mental health care, we must ensure that any policy changes will address these disparities, as well. Whatever policies are adopted, there will be both micro and macro consequences because there will be impacts on individual lives as well as on our strength as a nation.
The issue of marijuana use is much more complex than merely deciding if it should be legal or illegal. Any reform must recognize and address these complexities. An independent commission comprised of researchers and practitioners in the relevant fields can provide the expertise and judgment needed to recommend the right policy changes. And a national conversation is needed to ensure the public is engaged and informed.
Jill Long Thompson is a former member of Congress, former board chair and CEO of the Farm Credit Administration, and former undersecretary at USDA. She is a visiting scholar with the Ostrom Workshop at Indiana University in Bloomington and recently authored a book on ethics and democracy, “The Character of American Democracy.”Send comments to [email protected]
