Two states have legalized small amounts of marijuana possession. More than 30 states have legalized marijuana for medicinal purposes. Recently, The New York Times editorial board called for the decriminalization of marijuana. Kenneth Thompson, the district attorney of Kings County, N.Y., announced he will no longer prosecute misdemeanor marijuana possession cases.
In light of the changes in the rest of the country, the Georgia Legislature should examine whether to repeal Georgia’s own prohibition of marijuana possession. Prior to 1937, cannabis was legal and recognized by the American Medical Association as a legitimate pharmaceutical. It was prescribed by doctors in this country and England; Queen Victoria was prescribed marijuana for menstrual cramps.
In 1937, prohibition had ended, and Harry Anslinger, director of the Federal Bureau of Narcotics, needed a new cause. He convinced some friends in Congress to introduce a bill criminalizing marijuana.
According to the Congressional Record, Anslinger gave the following testimony: “There are 100,000 total marijuana smokers in the U.S., and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana use. This marijuana causes white women to seek sexual relations with Negroes, entertainers, and others.”
Congress voted to criminalize marijuana.
In 1972, the National Commission on Marijuana and Drug Abuse, chaired by Pennsylvania Republican Gov. Raymond Shafer, recommended the end of marijuana prohibition. Dr. Jesse Steinfeld, the surgeon general, recommended against placing marijuana on the newly created list of prohibited drugs. Still, President Richard Nixon and Congress classified marijuana as a Schedule I drug, the most dangerous drug category.
Unlike alcohol and tobacco, marijuana does not appear to cause addiction in most persons who use the drug. Yet alcohol possession is legal for persons over 21; there is no criminal law prohibiting possession of tobacco products by persons of any age. Although it is against the law to sell tobacco products to a person under 18, and it is against the law for a person under 18 to purchase tobacco products, there is no criminal law prohibiting the possession of tobacco products by underage persons.
Some argue that marijuana is a gateway drug to more dangerous drugs. Many baby boomers would dispute this assertion. In my experience representing young people charged with possession of drugs such as cocaine or heroin, it was the drug dealer, not marijuana, who convinced them to try the deadly and addictive drug. Additionally, there is no current evidence of disparity of marijuana use by African-American and Caucasian young adults, but African-Americans are four times more likely to be arrested for possession of marijuana. Whether intentional or not, the criminalization of marijuana results in racist application.
According to the Pew Research Center, 78 percent of Americans opposed the legalization of marijuana in 1991. Today, Pew reports that 54 percent favor legalization. This number includes 52 percent of baby boomers and 69 percent of millennials. It gets a more favorable rating than Congress and the president.
Because of the development of the adolescent brain and our uncertainty of the effects of marijuana on teenagers, I would not recommend legalizing marijuana possession for persons under 21. However, instead of criminal penalties for underage possession, I would recommend civil penalties that could be enforced with the threat of contempt of court. I would recommend the same for underage possession of alcohol. Young persons who commit these offenses should not be saddled with a criminal arrest on their records for the remainder of their lives.
The Georgia Legislature should appoint a committee to conduct an objective cost/benefit analysis regarding the legalization of marijuana. This analysis should examine the law enforcement costs of enforcing the prohibition, criminal prosecution and the stigma of an arrest on the individual charged with possession, compared with the benefit society derives from criminalization. Ignorance, racism and a total disregard of the scientific evidence should not be a part of the analysis.
J. Tom Morgan, former DeKalb County district attorney, is a private lawyer in Decatur.
