Challenges of Marijuana Legalization

According to Crockett 21

The process of making laws to solve social problems can often create others. The legalization of marijuana or crafting of laws that legalize marijuana is one of the processes that can often create more social challenges or problems. Various challenges arise from the laws that legalize marijuana. The challenges are based on the fact that marijuana legalization primarily focusses on the benefits of legalization and not the associated challenges of the laws. While legalization solves certain social problems, more are created.

The drive behind the legalization of marijuana is often centered on the understanding that the criminalization of the particular drug has increased the burden of criminal records compared to other minor offenses, especially among young offenders. The burden of criminal records makes it hard for young offenders to gain access to the world of professionalism. Marijuana criminalization is also considered discriminative on the minorities who are at a higher risk of being arrested in possession of the drug. Also, there is the notable burden to the court system. The process of prosecution demands that upon arrest one, the drug is tested in a laboratory and a certificate be delivered to the prosecution by the defense team. The lab test reports extend the process of prosecution. Thus, legislators opt to legalize marijuana to avoid these among other problems associated with its criminalization (Crockett 26).

Pacula 15 observes

The challenge of the legalization of marijuana lies within its recreational use. Some states legalize marijuana for medicinal and not recreational use. Despite the legalization of marijuana for recreational use, the laws on drugged driving remain. Drugged driving rules are being enhanced to trap more suspected offenders. Traffic controllers are now exploring new methods such as breathe test machines to test for testing marijuana. Since marijuana stays in the body of the user for a long time, the offender can be arrested and tested weeks after the arrest. Also, overall crime rates increase with the legalization for recreational use. Thus, the legalization of marijuana for recreational use creates more social problems such as drugged driving, robbery with violence, rape, and other related social crimes (Pacula 23).

The legalization of marijuana for medical use is not safe either as offenders often hide behind the legalization to be in possession of the drug. States that have legalized marijuana for medicinal use often play hide and seek with suspect offenders who defend the possession of the drug with the legal status of the drug. A case on point is the State v. Myers, Docket No. A-4295-12T4 whereby Mr. Myers defended his denial of a search of his car based on the legal status of marijuana in New Jersey (Choo, et al. 13).

The solution to the challenges created by the legalization of marijuana for both recreational and medicinal use lies in weighing the costs and benefits of legalization (Choo, et al. 13). The impact of legalization in a specific state should be assessed before legalization. Also, legalization should not be an overnight event but a gradual process whereby impact assessment is done continuously to revert the decision if more problems such as crime arise. Moreover, the legalization of marijuana for medicinal use does not necessarily need to be documented by law since it encourages possession. Sates and the federal can keep using the drug for medicinal purposes without crafting rules that will only trigger possessions of the drug.

Works Cited

Choo, Esther K., et al. “The impact of state medical marijuana legislation on adolescent marijuana use.”Journal of Adolescent Health 55.2 (2014): 160-166.

Crockett, Tyler. ”Legalization of Marijuana.”(2014).

Pacula, Rosalie Liccardo. ”Examining the impact of marijuana legalization on marijuana consumption.”(2010).