NCJ Number
35446
Date Published
1975
Length
224 pages
Annotation
THE AUTHOR ARGUES THAT MARIJUANA SHOULD BE DECRIMINALIZED SINCE ATTEMPTS TO ENFORCE UNENFORCEABLE LAWS HAS CAUSED THE CONSTITUTIONAL RIGHTS OF INDIVIDUALS TO BE REGULARLY AND SYSTEMATICALLY VIOLATED BY POLICE AND FEDERAL AGENTS.
Abstract
THE MAIN FOCUS OF THIS BOOK IS A STUDY OF THE PRACTICES USED BY POLICE IN ENFORCING LAWS AGAINST MARIJUANA. THE CONCLUSION IS THAT ANY ATTEMPT TO DEAL WITH MARIJUANA THROUGH THE CRIMINAL PROCESS WILL REQUIRE THE POLICE TO RESORT TO TECHNIQUES WHICH APPROACH THE LIMITS OF CONSTITUTIONAL GUARANTEES AND WHICH CONFLICT MOST STRONGLY WITH THE VALUES OF PRIVACY, SPONTANEITY, AND INDIVIDUAL DIGNITY. ALSO INCLUDED IS A CRITICAL ANALYSIS OF THE 1972 REPORT OF THE NATIONAL COMMISSION ON MARIJUANA AND DRUG ABUSE, WHICH PROPOSED THAT THE POSSESSION AND SALE OF SMALL AMOUNTS OF MARIJUANA SHOULD BE LEGALIZED BUT THAT OTHER PROHIBITIONS FOUND IN CURRENT LAWS SHOULD BE RETAINED. THE AUTHOR ARGUES THAT PARTIAL PROHIBITION WOULD IN FACT DO LITTLE EITHER TO ALLEVIATE THE WORST CONSEQUENCES OF TOTAL PROHIBITION OR TO IMPLEMENT THE POLICY THE COMMISSION ADVOCATES. HE PROPOSES, INSTEAD, THAT THE APPROPRIATE CURE IS TOTAL DECRIMINALIZATION ACCOMPANIED BY THE ENACTMENT OF A LICENSING SYSTEM SIMILAR TO THAT USED FOR ALCOHOL. AN INDEX IS INCLUDED. (AUTHOR ABSTRACT MODIFIED)