MARIJUANA AND HASHISH - A PROPOSAL FOR DECRIMINALIZATION

• NCJ Number: 56344
• Journal: Criminal Justice Quarterly Volume: 6 Issue: 3 Dated: (FALL 1978) Pages: 94-123
• Author(s): J J DEGNAN
• Date Published: 1978
• Length: 33 pages
• Corporate Author: New Jersey Division of Criminal Justice
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: DERIVED FROM A SPEECH GIVEN TO THE NARCOTICS ENFORCEMENT OFFICERS ASSOCIATION

Annotation

THIS REPORT DISCUSSES GENERAL PERSPECTIVES OF THE DRUG PROBLEM AND DECRIMINALIZATON, STUDIES OF THE MARIHUANA ISSUE, MODELS FOR DEEMPHASIZING CRIMINAL LAW, AND STATUTORY MODELS FOR NEW JERSEY.

Abstract

THE CRIMINAL LAW MUST EMPHASIZE POTENTIAL AND ACTUAL ANTISOCIAL BEHAVIOR, AND GOVERNMENTAL RESPONSE MUST BE CONCERNED WITH HARMFUL CONSEQUENCES TO SOCIETY FROM DRUG USE, RATHER THAN WITH RISKS TO INDIVIDUALS. THE SHAFER COMMISSION IN 1972 ATTEMPTED TO EXAMINE THE FULL EXTENT OF MARIHUANA USE IN THIS COUNTRY AND CONCLUDED THAT, ALTHOUGH MARIHUANA DOES NOT EMERGE AS A MAJOR THREAT TO THE SOCIAL ORDER, ITS USE SHOULD BE DISCOURAGED. IT CONCLUDES FURTHER THAT CRIMINALIZATION AND INCARCERATION OF MERE, POSSESSORY OFFENDERS IS NEITHER A NECESSARY NOR DESIRABLE MEANS OF IMPLEMENTING THAT POLICY. AS A RESULT OF SUCH FINDINGS MANY STATES HAVE REDUCED MAXIMUM SENTENCES FOR MARIHUANA USE OR POSSESSION, AND OTHER STATES HAVE MADE LEGISLATIVE DECLARATIONS OF DECRIMINALIZATION OF POSSESSION OF MARIHUANA FOR PERSONAL USE. LENIENCY TRENDS ARE REPORTED FOR ALASKA, CALIFORNIA, COLORADO, MAINE, MINNESOTA, NEW YORK, OHIO, AND OREGON. CURRENT LAW IN NEW JERSEY PENALIZES THE POSSESSION OF ANY AMOUNT OF MARIHUANA IN EXCESS OF 25 GRAMS BY AS MUCH AS 5 YEARS IN JAIL OR A $15,000 FINE. FOUR MODELS ARE SUGGESTED FOR CHANGING NEW JERSEY LAW: (1) THE SHAFER COMMISSION MODEL ALLOWING PRIVATE POSSESSION FOR PERSONAL USE AND PRIVATE DISTRIBUTION OF SMALL AMOUNTS FOR NO PERSONAL GAIN, (2) THE NEW JERSEY DRUG STUDY COMMISSION'S MODEL IMPOSING CIVIL FINES FOR ANY POSSESSION OR USE, (3) THE STAMLER MODEL CHARACTERIZING POSSESSION OF 10 OR FEWER GRAMS AS A NUISANCE PUNISHABLE BY NO MORE THAN $100 FINE, (4) THE DIVISION OF CRIMINAL JUSTICE MODEL IMPOSING CRIMINAL PENALTIES FOR DISTRIBUTION BUT MAKING POSSESSION A CIVIL VIOLATION NOT TO EXCEED $200 FINE. THE DIVISION OF CRIMINAL JUSTICE CONCLUDES THAT ALTERNATIVES TO CRIMINAL SANCTIONS SHOULD BE EMPLOYED FOR MARIHUANA USE, THAT DISCOURAGEMENT OF USE SHOULD BE PURSUED BY OTHER MEANS, AND THAT ELIMINATION SOUGHT THROUGH CRIMINAL PENALTIES SHOULD BE RESTRICTED TO COMMERCIAL TRAFFICKERS. (KJM)