OLR Report 2014-R-0191 answers the questions: Which states have legalized marijuana for non-medical purposes? What are the concerns about such legalization and how were they addressed? What effect has legalization had on crime in these states?
In November 2012, voters in Colorado and Washington approved ballot initiatives that generally legalized the possession of small amounts of marijuana for non-medical purposes by adults age 21 and older in those states. They became the first two states to allow marijuana use for non-medical purposes. Both states regulate marijuana in a manner similar to alcohol.
The stated purposes of the Colorado measure include the efficient use of law enforcement resources, public revenue enhancement, and individual freedom. The stated intent of the Washington measure includes allowing law enforcement resources to focus on violent and property crimes, generating new tax revenue, and shifting marijuana away from illegal organizations into a tightly regulated system such as that which regulates alcohol.
Media reports suggest that concerns about marijuana legalization for non-medical purposes include (1) the drug’s continuing illegal status under federal law; (2) public health risks, such as the possibility of increased marijuana use overall and increased access by children; and (3) public safety concerns, such as maintaining security at the facilities that grow and sell marijuana.
Colorado and Washington attempted to address some of those concerns through their laws or implementing regulations. For example, both states require businesses to be licensed to grow marijuana, manufacture marijuana-infused products, or sell marijuana or such products at retail. Both states’ laws and regulations have various provisions aimed at reducing minors’ access to marijuana or exposure to marijuana advertising. Both states address recordkeeping and security issues and require testing of samples of marijuana and marijuana products. Washington’s initiative requires the state’s nonpartisan public policy institute to conduct cost-benefit evaluations of the initiative’s implementation.
The first retail marijuana stores in Colorado opened in January 2014, and the first such stores were expected to open in Washington July 8, 2014. It is too soon to evaluate the impact of the laws on crime or how well the states have addressed concerns surrounding marijuana legalization for non-medical purposes.
While marijuana remains a Schedule I controlled substance under federal law, the U.S. Department of Justice (DOJ) announced in August 2013 that it would not challenge the Colorado or Washington laws as long as the states maintain strict regulatory control over marijuana.
For more information, read the full report.
