ANSWER TO TIM’S QUESTION ON MARIJUANA

Tim says (he’s asked this question at least 3 times previously in various threads on marijuana): “This is a serious question, and not intended to troll. Can someone please explain to me the difference between decriminalization and legalization?” Well, Tim, why not do some independent research. But here goes.

Decriminalization = Downgrading the possession and/or use of a certain quantity of marijuana deemed “for personal use” from a felony to a misdemeanor and subjecting the possessor to a FINE in lieu of formal arrest. The quantity of marijuana deemed “for personal use” is defined under individual state law. For example, six ounces or less. New York and Ohio are two states which have decriminalized personal possession/use of marijuana. Decriminalization has these important features:

1) The offense does NOT appear on the offender’s criminal record as it is not defined as a felony. This is the most important feature of decriminalization since the offender is not stigmatized as a felon for the rest of his/her life.

2) The offender is not placed under arrest, taken to jail, and subjected to a trial, which creates an undue burden on the offender and the state. Instead, the offender is issued a ticket which defines the offense and a fine, released at the place of detention, and pays the fine either by mail or appearance in a misdemeanor court of law. Example: a first offense for marijuana personal use/possession in Ohio is a $100 fine.

Legalization = Possession, including medical marijuana, of a certain quantity of marijuana deemed “for personal use” is legal under state law. No detention. No fine. Same applies to a certain small quantity of marijuana plants being grown by an individual. It’s legal. Sounds great, doesn’t it? Fits right in with the simple-minded crowd who shout, “Legalize it and tax it.” Not so fast.

1) Legalization in Colorado and Washington has created large and expensive state bureaucracies to enforce their complicated laws. Brand new state licensing board employees and state inspectors for the growers, transporters, and sellers are two examples of state drones who will never go away.

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Majority of Americans Now Favor Legalization of Marijuana

Guest Post by Kit O’Connell

While Colorado receives the lion’s share of national attention for its successful efforts at legalizing and regulating marijuana, the legal landscape is shifting toward more permissive laws nationwide.

 

(MINTPRESS) Minneapolis, MN – Keith Stroup, founder of the National Organization for the Reform of Marijuana Laws, or NORML, noted in an Oct. 30 article for Alternet that a majority of Americans support marijuana legalization. Quoting a recent Gallup poll, he reported:

“Among those poll respondents age 18 to 34, 71 percent endorse legalization. Among respondents age 35 to 49 years of age, 64 percent support legalizing marijuana. Among those age 65 and up, support fell to 35 percent, but this too reflected a sharp increase in support.”

Of the 23 states which offer some form of access to medical marijuana, four states plus the District of Columbia have legalized cannabis for recreational use.

Earlier this month, medical marijuana sales kicked off in Illinois with the opening of the state’s first eight dispensaries. According to The Chicago Sun-Times, sales of medical marijuana reached $210,000 in the first week. Josh McGee, a reporter for DNAinfo.com Chicago, interviewed Sue Cook, a “budtender,” or legal marijuana seller, on Nov. 15 at one of the city’s first dispensaries: “It’s been nonstop since noon, some people from the neighborhood and a lot of people have just been waiting to sign up.”

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In U.S., 58% Back Legal Marijuana Use

Actual picture of SSS after reading this poll.

Story Highlights

  • Majority favors legal marijuana for third consecutive year
  • Younger generations more supportive than older generations
  • Older generations more supportive than they were in the past

PRINCETON, N.J. — A majority of Americans continue to say marijuana use should be legal in the United States, with 58% holding that view, tying the high point in Gallup’s 46-year trend.

Trend: Do you think the use of marijuana should be made legal, or not?

Americans’ support for legal marijuana has steadily grown over time. When Gallup first asked the question, in 1969, 12% of Americans thought marijuana use should be legal, with little change in two early 1970s polls. By the late 1970s, support had increased to about 25%, and held there through the mid-1990s. The percentage of Americans who favored making use of the drug legal exceeded 30% by 2000 and was higher than 40% by 2009.

Over the past six years, support has vacillated a bit, but averaged 48% from 2010 through 2012 and has averaged above the majority level, 56%, since 2013.

Americans Favoring Legal Use of Marijuana

The higher level of support comes as many states and localities are changing, or considering changing, their laws on marijuana. So far, four states and the District of Columbia have made recreational use of marijuana legal, and Ohio voters are set to decide a ballot initiative that would do the same this coming Election Day. The topic has been an issue on the 2016 presidential campaign trail, and several candidates have expressed a willingness to let states set their own marijuana laws even though federal law prohibits marijuana use.

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