The War on Marijuana is losing steam. Policymakers, researchers, and law enforcement are beginning to recognize that arresting and incarcerating people for marijuana possession wastes billions of dollars, does not reduce the abuse of marijuana or other drugs, and results in grossly disproportionate harms to communities of color (ACLU, 2013; Ingram, 2014). Marijuana reforms are now gaining traction across the nation, generating debates over which strategies best reduce the harms of prohibition. Should marijuana be decriminalized or legalized? Should it be restricted to people 21 and older? Advocates of the latter strategy often argue their efforts are intended to protect youth (Newsom, 2014; Holder, 2013; Californians for Marijuana Legalization and Control, 2014). However, if the consequences of arrest for marijuana possession — including fines, jail time, community service, a criminal record, loss of student loans, and court costs — are more harmful than use of the drug (Marijuana Arrest Research Project, 2012), it is difficult to see how continued criminalization of marijuana use by persons under 21 protects the young. Currently, people under 21 make up less than one-third of marijuana users, yet half of all marijuana possession arrests (ACLU, 2013; Males, 2009).
This analysis compares five states that implemented major marijuana reforms over the last five years, evaluating their effectiveness in reducing marijuana arrests and their impact on various health and safety outcomes. Two types of reforms are evaluated: all-ages decriminalization (California, Connecticut, and Massachusetts), and 21-and-older legalization (Colorado and Washington). The chief conclusions are:
• All five states experienced substantial declines in marijuana possession arrests. The four states with available data also showed unexpected drops in marijuana felony arrests.
• All-ages decriminalization more effectively reduced marijuana arrests and associated harms for people of all ages, particularly for young people.
• Marijuana decriminalization in California has not resulted in harmful consequences for teenagers, such as increased crime, drug overdose, driving under the influence, or school dropout. In fact, California teenagers showed improvements in all risk areas after reform.
• Staggering racial disparities remain—and in some cases are exacerbated—following marijuana reforms. African Americans are still more likely to be arrested for marijuana offenses after reform than all other races and ethnicities were before reform.
• Further reforms are needed in all five states to move toward full legalization and to address racial disparities.
Decriminalization for all ages
California, Connecticut, and Massachusetts decriminalized marijuana by reducing low-level possession from a misdemeanor to a civil infraction for all ages. California's reform under Senate Bill 1149, effective January 1, 2011, reduced possession of less than one ounce (28.5 grams) of marijuana from a misdemeanor to an infraction carrying a maximum fine of $100 (Legislative Analyst, 2010). Possession of marijuana on a school campus remains a criminal offense.
Although penalties for small-quantity marijuana possession changed only marginally, the reform appears to have had a strong effect on law enforcement. Surveys of several urban police departments found very few marijuana citations are being issued (see ACLU, 2013). The Sacramento Police Department, for example, reports 21 marijuana infraction citations in 2011 and nine in 2012 — and these included vehicle code violations prohibiting marijuana in the passenger area while driving (Sacramento Police Department, personal correspondence, 2014). In effect, low-level marijuana possession outside of a school or moving vehicle is de facto legal for all ages.
Two other states implemented reforms similar to California's, reducing possession of less than one ounce of marijuana from a misdemeanor to a civil infraction: Massachusetts, on January 1, 2009, and Connecticut, on July 1, 2011. The reforms apply to all ages, although people convicted of the infraction who are under 18 may be required to attend drug counseling or community service. Massachusetts' reform does not require those cited for marijuana to identify themselves to police or provide a means of collecting the fine, making enforcement nearly impossible.
Legalization for ages 21 and older
Washington's reform under Initiative 502, effective December 6, 2012, removes all criminal penalties for people 21 and older who possess less than one ounce of marijuana or small amounts of marijuana products, with certain minor exceptions, such as possession in a vehicle or by tourists (Office of Program Research, 2012). These exceptions explain why small numbers of people 21 and older continue to be arrested for low-level marijuana offenses after the reform. Marijuana possession by people under 21 remains a criminal offense, carrying potential fines, jail time, loss of driving privileges, and loss of student loans. The law sets up a licensing system for the production and sale of marijuana.
Colorado's reform under Amendment 64, effective December 10, 2012, also removes all criminal penalties for people over age 21 who possess less than one ounce of marijuana and sets up a licensing system for marijuana production and sales (Colorado State Government, 2012). Possession of one to two ounces by people 21 and older, and up to two ounces by people under 21, is a petty criminal offense carrying a $100 maximum fine. Unlawful manufacture and sales, and possession of larger amounts of marijuana, depending on quantity, remain more serious misdemeanors or felonies.
Findings
States that decriminalized marijuana for all ages experienced the largest drops in marijuana arrests or cases, led by substantial drops among young people and for low-level possession. Arrest and court data show that decriminalization reforms in Massachusetts, California, and Connecticut were followed by declines of 90, 86, and 67 percent, respectively, in low-level possession arrests for all ages, compared to declines following 21-and-over legalization of 78 percent in Washington and 67 percent in Colorado for low-level marijuana court filings. The largest differences were among young people: Compared to 21-and-over legalization, all-ages decriminalization led to substantially larger decreases in low-level arrests among those under 21 and somewhat smaller decreases among those over 21.
