Should the U.S. Legalize Marijuana?

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The writer is correct in asserting that there were 700,000 arrests for the simple possession of marijuana last year, but there are some very important caveats that have been left out in his position. First, the vast majority of marijuana smokers never have encounters with the law. Research by Caulkins and Sevigny (2005) found that the “number of marijuana users in prison for their use is perhaps 800-2,300 individuals or on the order of 0.1-0.2% of all prison inmates,” (Caulkins and Sevigny 2005) making it consistent with prior analysis released by the Office of National Drug Control Policy (ONDCP 2005). They estimated that expected time served in prison per year of use for marijuana was a miniscule .04 days.

The writer here leaves out some other major facts about the 700,000 figure. Many of these people have pled down from more serious crimes (like trafficking or possession with intent to distribute). Also, it is incorrect to say "700,000 Americans" were arrested since that count includes the fact that “an individual may be arrested several times during the year, so the arrest figures in this section should not be viewed as an annual accounting of the number of persons arrested, but rather, as the number of arrests reported by law enforcement," according to the FBI, who publishes the "700,000" figure.

Finally, alcohol "Prohibition" -- which was really decriminalization as alcohol sales, not use, was the focus of law enforcement -- is very different from marijuana laws today. Unlike marijuana, alcohol has a long history of widespread accepted use in our culture -- dating back to the Old Testament. While marijuana has also been used for centuries, it is not near the level of alcohol. Prohibiting alcohol (though lowering rates of cirrohisis of the liver, for example) proved to be a tricky task, since states and even federal government agencies were reticent to enforce laws against such a widespread practice. On the other hand, there is overwhelming support to keep marijuana illegal, and introducing a legal market for the substance in no way guarantees the elimination of the black market.