NCJ Number
71070
Date Published
1980
Length
273 pages
Annotation
This book contains a series of essays devoted to persuading State and Federal legislators to abandon the criminal sanctions presently in force against the use of marihuana.
Abstract
At issue is the decriminalization of possession of marihuana for personal use, a recommendation whose origins are traced back to the first report of the National Commission on Marihuana and Drug Abuse of 1972. This presentation contends that since that time, decriminalization has won backing from numerous institutions in American life and from all points of the political spectrum, but enactment of decriminalization is obstructed because it involves the repeal of criminal prohibition already on the books. The case of decriminalization of marihuana, as stated in an initial essay, alleges that the demonstrable effects of marihuana use do not justify public fears associating marihuana with narcotics, immorality, felonious conduct, and insanity. It is argued that continued criminalization of marihuan use has wounded the legal system, lessened public confidence in the administration of criminal justice, and reduced respect for the law. Furthermore, because of widespread use of marihuana throughout all sectors of society, enforcement has been selective. Finally, enforcement is said to be inefficient and costly as it diverts criminal justice resources from more pressing social issues. To assist State reform legislators, a drafter's guide surveys law and policy issues to be confronted in evaluating legislative proposals of a regulatory nature. An essay on Congress and decriminalization seeks to establish the context for congressional action by identifying the national interests effected by marihuana use. Essays dealing with Europe and decriminalization examine the recent international trend that draws substantive penal distinctions between drug trafficking and consumption activity and reduces penalties for the latter. A comparative view is offered of marihuana laws in France, Italy, Switzerland and the United Kingdom, with emphasis on recent revisions of penalties for consumption-related drug offenses and the use of diversionary alternatives to criminal sanctioning. The concluding chapter presents the viewpoints of a British lawyer and the American author who provide arguments on the implications of decriminalizing drug use while imposing severe penalties on supply offenses. Tables, extensive bibliographic footnotes, and an index are provided.