Politics

Keith Stroup: Marijuana Smoking up, Marijuana Arrests Down

September 30th 2016

It's a great time to be alive if you are a marijuana smoker. We are finally working our way out of the shadows of prohibition and into the mainstream. Following the reign of terror that resulted in more than 25 million Americans being arrested on marijuana charges since 1937, the country is at last looking for a better alternative.

Fewer marijuana smokers are being arrested.

Officer arresting someone breaking the lawFlickr/Oregon Dept. of Transportation - flic.kr

First, and most important, fewer and fewer states continue to treat responsible marijuana smokers like criminals. Seventeen states have decriminalized the personal use of marijuana, and four states and the District of Columbia have legalized recreational use. With each new state that moves in our direction, the number of marijuana arrests continues to decline.

The latest marijuana arrest data released this week by the FBI show that 643,122 Americans were arrested on marijuana charges in 2015, with 89 percent of those arrests for marijuana possession only, not for cultivation or trafficking. While that number remains far too high — that's a lot of individuals having their lives and careers disrupted unfairly over their use of marijuana — it is the lowest number of marijuana arrests reported since 1996. And it represents nearly a 25 percent reduction in arrests since the peak (almost 800,000 arrests) was reached in 2007.

"Enforcing marijuana laws costs us about $3.6 billion a year, yet the War on Marijuana has failed to diminish the use or availability of marijuana," according to the ACLU's 2013 report on marijuana arrests.

With five states scheduled to vote on full legalization this November, marijuana arrest rates are expected to continue to decline further in the coming years. We clearly still have lots of work to do, but the trend is all in our direction, and the pace appears to be accelerating.

More Americans are smoking marijuana.

woman-smoking-marijuana-joint

Second, marijuana smoking continues to become more mainstream culturally, with more and more adult Americans smoking each year. Instead of being ostracized and marginalized, marijuana smokers today are being embraced by the larger culture. For most Americans today, smoking marijuana is simply no big deal.

About 30 million Americans smoked marijuana over the past year, more than double the number of smokers in 2002, and 69 percent of the country now are aware that alcohol is more dangerous than marijuana, according to the National Institute on Alcohol Abuse and Alcoholism.

One in eight Americans (13 percent) now reports that they currently smoke marijuana, according to a recent Gallup poll. That's nearly double the number of current users (7 percent) found by Gallup just three years earlier, with 43 percent of Americans acknowledging they have tried marijuana at some point in their lives. One in five adults under 30 years of age is now a pot smoker.

marijuanaFlickr/Dank Depot - flickr.com

And yet the number of adolescent marijuana smokers has not increased over the last decade, and adolescents tell us that marijuana is becoming less available to them than in prior years. The percentage of respondents aged 12-17 years who perceived marijuana to be "fairly easy or very easy to obtain" fell by 13 percent between 2002 and 2014, researchers at the CDC reported. Regulation with age controls is clearly more effective than prohibition.

As marijuana smoking continues to gain popularity, it also gains respectability, with fewer and fewer Americans supporting marijuana prohibition. They are not necessarily pro-pot, but — just as the country learned with the failed attempt at alcohol prohibition in the 1920s and early '30s — a majority of the public has concluded that prohibition is a failed public policy that causes far more harm than the use of marijuana itself. Roughly 60 percent of the public now supports ending prohibition and legalizing marijuana.

Among generations, the demographics are strongly pointing toward ending prohibition altogether. About 68 percent of Millennials say marijuana should be legal, and 50 percent of baby boomers favor legalization. Young Americans simply have no problem with marijuana and can't understand why it was ever made illegal.

High quality marijuana is available today.

man-smoking-and-cannabisFlickr/fredodf, Bigstock/greg banks - flic.kr

Finally, high quality marijuana is available to most consumers today, regardless of where you live. The marijuana legalization movement is only incidentally about marijuana; it is really about personal freedom. The government has no business coming into our homes to know what books we read, what music we listen to, how we conduct ourselves in the bedroom, and whether we drink alcohol or smoke marijuana when we relax in the evening. It is simply none of their business.

If there were no marijuana to smoke, this movement would still be an interesting intellectual exercise, but it would not be a political movement that is changing fundamental values in our country. We have political power as a movement because we are part of a community, and our marijuana smoking helps define that community.

There was a time when marijuana smokers had to make a serious effort to find a source to obtain decent marijuana, and in many parts of the country, there was frequently a "marijuana drought" for a couple of months each fall, before the new crop was harvested, when there was simply no marijuana available for consumers to buy on the black market. During those years, most high quality marijuana was imported. Some came from Canada, some from Mexico ("Acapulco Gold"). There was ganja from Jamaica, "Thai stick" from Thailand, etc. Domestic marijuana during those years was considered "ditch weed" and only smoked as a last resort.

And because of the legal risks involved importing marijuana, the price sometimes put high quality marijuana out of reach for many consumers, even if available. It was largely a connoisseur's market.

Then the "grow America" movement took off. With seeds imported primarily from Holland and Canada, domestic marijuana growers began to produce the finest marijuana in the world. That remains the case today. Anyone who has traveled to Amsterdam, for example, will find that most of the marijuana available in the famous coffee shops, while good, is simply not as strong as the marijuana available in most states today, either via the legally regulated market or on the black market.

We're looking for basic fairness.

man-smoking-joint-and-jointFlickr/Heath Alseike, Flickr/Unai Mateo - flickr.com

We still have a great deal of work to do before responsible marijuana smokers are treated fairly: Job discrimination, child custody issues, and DUID are just three of the more important areas where smokers are still treated like second class citizens. And we need social clubs where we can legally socialize with our friends and others who also smoke marijuana, outside a private home.

But these reforms will come as we continue to come out of the closet and gain political strength and as more and more Americans accept the fact that we are just average Americans who work hard, raise families, pay taxes, and contribute to our communities in a positive manner. When we relax in the evening, just as tens of millions of Americans enjoy a beer or a glass of wine, tens of millions of us enjoy a joint.

Is this a great country or what?

Keith Stroup is a Washington, D.C. public-interest attorney who founded NORML in 1970.

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