States Pass New Laws on Marijuana Possession
November 2008 Election Sees Shifts in Policy in Three States
Nov 21, 2008
Laws governing the possession and use of marijuana in the United States have been periodically debated and changed since the drug first became popular for recreational use in the early 1900's. Mandates to criminalize the drug,followed by strict mandatory sentencing laws at both state and federal levels have been at the root of national controversies regarding criminal justice and the profiling of minorities, and even the subject of several Supreme Court decisions. In November, voters in three states chose to reform policy putting the debate about reasonable use, and fair treatment of those found in posession, back into the national spotlight.
Changing the Rules
The 2001 film Super Troopers opens with a scene of teenage boys being followed by a patrol car. The boys panic: there are illegal drugs in their vehicle. Throwing a bag of marijuana out the window, they speed off. Moments later the cruiser appears again and this time the car is pulled over. The police inform the boys that they are being arrested for “littering and... littering and... littering and smokin' the reefer,” producing the discarded bag. The group is taken into custody.
The real-life outcome of this scenario could play out somewhat differently now, in part thanks to the bills passed early last month. The November 4th election loosened the restrictions on marijuana possession in three states.
Medical Marijuana
By a 63% vote, Michigan became the thirteenth state to legalize limited marijuana use for medical purposes. Michgan joins Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington in legalizing medical marijuana. Laws vary state to state, but generally an individual found in possession would need to provide proof of a doctor’s prescription for the drug.
Decriminalization
65% of Massachusetts voters, meanwhile, supported Proposition 2, making MA the 21st state to decriminalize the drug. In these states, possession of small amounts of marijuana (usually up to 1 ounce) is a civil rather than criminal offense incurring fines and possibly treatment programs rather than arrests, jail time, or the possible creation of a criminal record. The incident is essentially treated like a traffic violation.
While the drug has been decriminalized in many states since the 1970s the Massachusetts law is considered significant, in part, because the proposition faced extensive political opposition including public statements from the governor, the attorney general, and district attorneys around the state. Whitney Taylor, chairwoman of the Committee for Sensible Marijuana Policy told the Boston Globe, “The people were ahead of the politicians on this issue; they recognize and want a more sensible approach to our marijuana policy.”
Low Priority Enforcement
Also in November, Hawaii passed a “low priority” measure making the enforcement of laws governing pot possession one of their city’s least regarded law enforcement priorities. Several cities have passed low priority initiatives in recent years including Oakland, Santa Barbara, Santa Monica, San Francisco and West Hollywood in California, and Denver, Seattle, and Eureka Springs elsewhere across the country.
Partial Legality
Even with the new measures, recreating the scenario portrayed at the start of Super Troopers is not exactly recommended. Driving under the influence of marijuana is still illegal. And states with decriminalization laws are far stricter on those under 18, with the new Massachusetts law requiring minors caught in possession to complete a drug treatment program.
Plus, despite the continued pressure to loosen the regulations on marijuana possession from states, federal law still dictates no distinction between marijuana and other drugs such as cocaine or heroine. Full legalization of marijuana is still far from reality in the United States and pro-reform groups such as NORML still have a long way to go to achieve their mission of "responsible use of cannibis by adults [that is] no longer subject to penalty."
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