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Cannabis Policy and the Burden of Proof: Is It Now Beyond Reasonable Doubt That Cannabis Prohibition Is Not Working?

NCJ Number
182035
Journal
Drug and Alcohol Review Volume: 19 Issue: 1 Dated: March 2000 Pages: 95-100
Author(s)
Simon Lenton
Date Published
March 2000
Length
6 pages
Annotation
This paper suggests that it has been established beyond reasonable doubt that applying criminal sanctions for minor cannabis offenses is not in the best interests of the community and recommends an alternative.
Abstract
Comparisons between co-called “decriminalized” and prohibitionist Western Australian states show decriminalization has not led to higher rates of current cannabis use. Under prohibition, significant numbers of Western Australian citizens received a criminal record for no more serious offense than possession of a small amount of cannabis for personal use. Recent research has shown that such a conviction can have a real and detrimental impact on people’s lives, reinforces disrespect for the cannabis laws, but appears not to deter cannabis use among those so convicted. The paper suggests that applying sanctions for minor cannabis offenses is not in the best interests of the community and recommends an alternative, possibly: (1) total prohibition without an expediency principle; (2) total prohibition with an expediency principle; (3) prohibition with civil penalties for minor offenses (expiation notice schemes); (4) partial prohibition; (5) regulation; or (6) free availability. Tables, references