NCJ Number
88796
Journal
Contemporary Drug Problems Volume: 10 Issue: 3 Dated: (Fall 1981) Pages: 277-289
Date Published
1982
Length
13 pages
Annotation
An examination of marijuana decriminalization statutes in 11 States highlights different ways that States have handled important policy and legal issues, such as defining decriminalized behavior, creating postconviction sanctions, and processing marijuana offenders.
Abstract
In 1965, all marijuana offenses were felonies in most States. However, faced with the explosion of marijuana use and public debate over the issue, States downgraded penalties and explored decriminalization between 1969 and 1972. By 1982, 11 States had eliminated incarceration as a penalty for some consumption-related behavior. States generally defined decriminalized behavior in terms of the amount of the drug possessed. Six States have reserved their decriminalization reforms for possession only. The reform States still maintain some penalty for the 'least serious' marijuana offense. All States but Minnesota impose a fine. Seven jurisdictions initiate the criminal process by citation only, reducing the offender's involvement in the criminal justice system, but six of these States still require a court appearance for paying the fine. The author proposes that possession of up to 60 grams of marijuana or hashish should not be a punishable offense, that the offense be classified as a civil violation, and that fines be small and payable by mail. The paper includes a summary chart of marijuana laws in 11 States and 17 footnotes.