Stephen Chapman

Research Paper Introduction

Legalizing Recreational Marijuana
America is gradually becoming a more pro-marijuana country one state
at a time. To date, twenty-three states have legalized medical marijuana,
and as recently as 2014 four states and the District of Columbia have
legalized the sale and possession of recreational marijuana for up to 1 ounce
per person 21 and older [Drugabuse.gov]. Also, as of August 2014, at least
13 other states are considering similar policies [Henchman]. Despite this
growing popularity, I believe that the downsides of recreational marijuana
far outweigh the benefits.
After years of weighing the benefits and risks that come with medical
marijuana, many people believe that marijuana has a greater upside than
adverse side effects that may come with it. This is because the harmful side
effects from marijuana, such as impaired motor abilities, decreased life
expectancy, and addiction, matter far less for patients of severe illnesses.
Therefore, the side effects are often outweighed by the physical benefits of
feeling better. But, the debate on legalizing recreational marijuana is very
different from the one for medical marijuana and we cannot let ourselves
come into this debate with predispositions from the medical debate.
The difference with the recreational debate is that many of the medical
downsides of marijuana become much more of an issue, as they are now

effecting healthy people and lowering their average life expectancy. So far
there are not a lot of studies on recreational marijuana because it is a new
occurrence, but by extrapolating data collected from medical marijuana
states and combining it with the new data from recreational marijuana
states, we are able to tackle this debate that is on the forefront of
government politics.
In this paper we will aim to look at whether or not it is better to legalize
recreational marijuana at both a medical and state level, and propose ways
to regulate it for states that do legalize it. By doing so, we wish to inform
people about the real side effects of the choices that they are making.
One of the main benefits that pro-recreational supporters will name is
that legalizing marijuana will provide a boost to state taxes. For example,
Colorado, one of the first states open legal marijuana stores in 2014,
collects about 29% of all recreational sales as taxes. By comparison
Colorado taxes the sale of cigarettes at 41% and alcohol at 8% (Henchman).
In the first year alone, they collected over $53 million dollars in tax revenue
and this number is only expected to rise more and more in the years to
come [Recreational]. This past January, January 2015, Colorado had record
sales of $36.4 million dollars in a single month. This brings in roughly $10.5
million in tax revenue. But, where does this money go? One of the
campaigns that was most popular in Colorado was that a significant portion
of the tax collected by marijuana sales would go to upgrading and building

better state schools. In January 2015, $2.4m of the collected $10.5m is

pledged to its public schools. This represents an increase of more than 10
fold from January 2014 (Hernandez).
By comparison, Washington imposes a much higher tax on marijuana.
After a 25% tax on sales from producer to processor, another 25% on
processor sales to retailers, and a third 25% on sales to consumers, plus a
6.5% state sales tax, the total effective tax rate comes in at around 44%
(Henchman). By comparison Washington taxes the sale of cigarettes at
104% and alcohol at 11%. Washingtons State Liquor Control Board, says
that they are projected to collect $336 million for the 2017-2019 biennium.
[La Corte]. Although this may seem like a lot, the budget for Washington is
nearly $35.6 billion annually, so this is little more than a drop in the ocean.
[leg.wa.gov].
However, there are a few problems with this. As marijuana can be
purchased in so many different forms, cigarette, edible, liquid, or vapor, and
with a high variation on concentrations, a specific excise tax is very difficult
to maintain. Another issue is that states such as Alaska and Oregon, who
recently accepted recreational marijuana, have far lower tax collection
rates. Alaska, after passing Measure 2, is charging $50 per ounce wholesale
tax, which amounts to about 21%; Oregon, after passing Measure 91, is
charging a $35 per ounce wholesale tax, which amounts to about 15%
(Henchman). In my opinion these taxes need to be higher. They may not

need to be as high as Washington, but I certainly view that 15% is too low to
charge for taxes on the sale of cannabis. This is due to the fact that one of
the major benefits of a tax this high is that it not only provides much needed
revenue, but also makes it harder to obtain for young teenagers without a
source of income and, as we will see later, teenagers and marijuana are not
a good combination.
On the Federal Level, it has been estimated that if the US were to lift
the ban on the prohibition of marijuana, it would rake in $8.7 billion dollars
annually. However, this is offset again by the fact that the budget in the US
is currently $582 billion as of 2014 (Miron). This fits in with the main point at
the state level. In my opinion this increase in tax revenue is not nearly
enough to justify legalizing recreational marijuana, but if we were to legalize
it anyway, the amount of tax we would charge would need to be increased
dramatically.
Another pro-cannabis argument is that it will provide a wider access for
medical use that is currently possible for medical marijuana. Medical
marijuana is so tightly guarded in some states, that some patients who
would benefit from the use of it have undoubtedly slipped through the
cracks. It has been shown that cannabis helps patients with Epilepsy,
Crohns Disease, PTSD, and Multiple Sclerosis and for those who have been
unable to obtain medical licenses, it could prove helpful.

There are also a number of social benefits that would arise from the
legalization. For starters, it would take marijuana sales out from the
underground market and would put them in a place where they can be
regulated and the substance controlled. This would make it much more
difficult for underage kids to get a hold of marijuana. It also means that less
money would go towards organized crime within America. Additionally, with
high demand, legal producers of marijuana in these countries are making
marijuana that is safer to consume and has less lasting side effects. When
marijuana is bought of the streets the buyer has no way of knowing what
else could have been cut into the drug. There could even be a small portion
of heroin laced into the drug that could have far more devastating effects.
Secondly, it would free up space in our justice system. Police officers
will have more time to go after criminals of other more serious crimes,
including those involving violence. It should also begin to free space a little
bit in crowded prisons, although since possession of marijuana is a small
time offence, it is important to note that this will only have a small effect.
While people are being taken out of prison, legalizing marijuana might
have the effect of putting more people into hospital. Although the
prevalence of drinking and driving is on a downward trend (7.9% of people
tested positive for blood alcohol content in 2007, and only 5.2% tested
positive in 2013-14), the prevalence of driving while high is dramatically
increasing. Of the people that agreed to take an oral fluid or blood test 8.6%

tested positive for marijuana in 2007 and 12.6% tested positive in 2013-14.
It is also important to note that only 71% of people were willing to take a
oral fluid test and only 42.2% of people were willing to take a blood test.
Clearly the number of stoned drivers on the road is increasing at an
alarming rate (2013-14 NRS). It would seem that the campaign against
drunk driving is working, but it is not getting through to marijuana smokers.
Glenn Davis, a highway safety manager at the Department of Transportation
in Colorado says, Weve done phone surveys, and were hearing that a lot of people
think D.U.I. laws dont apply to marijuana. And theres always somebody who says, I
drive better while high. (Koerth-baker).
But, while experts may disagree whether or not stoned driving is more
or less dangerous than drunk driving, the fact of the matter is that it is still
very dangerous. According to drugabuse.gov, a U.S. government run
website, stoned drivers are 3-7 times more likely to get into a fatal car
accident than those who are sober. This number varies because it depends
on the amount of THC they have taken. On top of this, if a person was to
couple marijuana and alcohol together and then drive, they would be much
more likely to get into an accident than if they took either one alone.
Furthermore, this is coupled with the fact that marijuana use is very
prevalent among late teens and early 20 year olds, and if you couple
marijuana use with a low experience of driving, the likelihood of getting into
an accident increases even further. However, the deficits of drunk driving

and stoned driving are very different. Drunk drivers tend to drive faster and
become overconfident in their abilities. Marijuana drivers have difficulty
handling multiple tasks at once and dealing with unexpected outcomes
(Koerth-Baker). Therefore, drunk drivers tend to hit stationary objects or
other cars, and marijuana drivers are much more likely to hit pedestrians.
To date, there is no roadside test cops can perform to definitively test if
a driver is high. With either consent or a warrant, they can make drivers
take an oral fluid test or a blood test, but the problem is that these tests can
show positive readings from residual THC from weeks or even months
previous. In short, the tests only show an approximation of how recently the
person has taken marijuana and cannot prove that he or she was high while
they were driving. But, there is a field test that cops can administer that can
give them an impression of whether the driver is high or not. However, while
drivers under the influence of alcohol fail the sobriety test 88% of the time,
it has been found that drivers who are high only fail the marijuana sobriety
test 50% of the time. (Papafotiou) Also it is important to note that whether its
your first time drunk or you are a hardened alcoholic, it doesnt really affect
how well you do on the alcohol sobriety test. But, stoners who are frequently
high fail the marijuana sobriety test only 30% of the time. If a cop is
suspicious that you are DUID (Driving Under the Influence of Drugs) they
can take you to see a Drug Recognition Expert. The twelve-step DRE
protocol is as follows:

1. Alcohol breathalyzer
2. Interview
3. Preliminary examination and first pulse
4. Eye examination
5. Divided attention Psychophysical tests
6. Vital signs and second pulse
7. Dark room examinations
8. Examination for muscle tone
9. Check for injection sites and third pulse
10.
Subjects statements and other observations
11.
Analysis and opinions of the evaluator
12.
Toxicological examinations
This is currently the best test we have and it really shows how much of
a struggle it is to determine if a driver was high during the period for which
he was driving. The test only gives us a probable indication; even after all of
these steps it is still impossible to prove that the driver was not sober.
Currently the only thing that states can do to combat DUID is to be harsher
on drivers that have tested positive for a THC test in courts
(Drugabuse.gov).
So far six states have set legal limits for THC concentration in the
blood, and in Colorado and Washington this limit is set at 5 nano grams per
liter of blood or five parts per billion. The problem is that some studies from
Europe have said that this is was way too high. For example 90% of
impaired cases in Sweden would have been missed at that level. But
because THC can build up in fatty tissue and be slowly released over time,
frequent marijuana users can test positive for over 5 nano grams 24 hours
after they have been high (Koerth-baker). This presents a huge issue that
currently no one in America has a viable solution to.

Other problems such as addiction, impaired brain activity, and harmful

effects on the lungs have also been reported from using marijuana.
Addiction treatment specialists have seen firsthand that long-term cannabis
use leads to addiction. They suggest that as many as 10% of users will
develop a dependence to the drug over time. Additionally, stopping
marijuana will lead to withdrawal symptoms such as irritability, anxiety, and
insomnia. Therefore, many of the opponents of legalizing recreational
marijuana say that much of the money that is generated in tax revenue will
be lost to treating patients of marijuana related illnesses.
Marijuana also affects the brain. That common stereotype that stoners
arent quite there in the head actually has some medical background to it.
THC acts on specific brain cell receptors that would normally react to natural
THC-like chemicals in the brain. These natural chemicals play a role in
natural brain function and development (Drugfacts). THC over activates
these parts of the brain and causes many side effects. It alters senses (such
as seeing brighter colors), alters the users sense of time, causes changes in
mood and behavior, causes difficulty in thinking and problem solving, and
causes impaired memory. The good news is that these side effects arent
permanent, but these short-term changes can lead to harm to ones self or
others if not treated properly. Yet, the more serious note here is that
marijuana can stunt brain development. When Marijuana users begin in the
teenage years, the drug may affect thinking, learning functions, and how

the brain builds connections between different parts of the brain

permanently. A study showed that people who smoked cannabis in their
teens and had an ongoing cannabis disorder lost an average of 8 IQ points
over those that did not. This lost mental capacity did not return for those
who quit as adults. Those who started smoking marijuana as adults,
however, did not show notable IQ declines (Meier). Marijuana has been
linked to other long-term mental illnesses. It is linked to hallucinations,
paranoia, and worsening symptoms of patients with mild or sever
schizophrenia. It has also been linked to long-term behavioral changes such
as depression, anxiety, and suicidal thoughts. (Drugfacts).
Marijuana users can experience a number of other harmful physical
effects. Marijuana smoke irritates the lungs and frequent consumers can
have the same breathing problems as tobacco consumers. This includes
daily cough and phlegm, increased likelihood of lung illness, and a higher
risk of lung infection (Drugfacts). On top of this, there have been many
studies show that marijuana does and does not lead to lung cancer, so
experts are still unsure what to believe. Marijuana also causes the users
heart rate to increase for up to 3 hours after smoking, which could lead to a
heart attack (Drugfacts). For obvious reasons, older people are more at risk
for this. Additionally, Cannabis consumption can lead to an increased risk of
both brain and behavioral problems for babies of pregnant mothers. This

can include problems with brain development, attention, memory, and

problem solving (Drugfacts).
Another of the major arguments against marijuana is that it is a
gateway drug to more serious drugs such as cocaine or heroine. However,
what most people fail to realize is that marijuana also can lead to
prescription drug abuse. This makes marijuana even more dangerous
because prescription drug abuse also tends to be viewed as a gateway to
more serious drugs (Pros and Cons).
Yet, states that legalize recreational cannabis consumption have even
more challenges to face. Drug officials are increasingly worried that people
will be tempted to go from one store to the next, buying 1-ounce of
marijuana at each store and building up a hoard of cannabis. With this, they
could cross state lines and try to sell it for a profit and this would be a major
issue. By taking it into other states, which is illegal, they would be bringing
all of the problems, such as increased hospital risks and stoned drivers, into
states that arent as equipped to deal with these problems. This would
therefore increase the amount of damage caused by the drug. This is why
Colorado has lessened the amount of marijuana that people from outside of
the state can buy to of an ounce instead of a full ounce. However, it is the
only state in the country to do this.
Putting aside whether we should or should not legalize pot, there are a
few things that states that have already have legalized recreational

marijuana should do. Firstly, the sales tax should be above 25% but below
40%. If the tax is above 40% this drives the price of pot up too high and
people will be more likely to buy from black market dealers. If the tax is
below 25% it may be too easy for minors to get their hands on the drug and
have all of the permanent medical health problems. It would also encourage
people buying from one state and selling it in another state that doesnt
have legal weed. Futhermore, Colorado, Washington, Alaska, and Oregon,
should set aside a portion of the money they earn and put it to try to
develop the marijuana equivalent of a breathalyzer test, which is able to tell
if a person is high at that given moment. They also need to set aside
another portion of the revenue to increasing hospital capabilities for
illnesses and problems that marijuana worsens. By doing so, they can offset
the damage they are causing to the general population through their
marijuana legislation. Moreover, Washington, Alaska and Oregon, as well as
anyone else who plans on legalizing pot, should follow Colorados example
and limit the amount of cannabis state outsiders can buy in order to
discourage transfer across state lines. By putting in place these simple
measures, these states will help to lessen the harmful side effects that
marijuana is having on their citizens.
From all of the sources that I have seen and looked at, I have come to
the conclusion that legalizing marijuana would bring about much more harm
than good. Overall, it seems that marijuana is only a medical benefits to

patients with select disabilities or those that have a chronic and life
threatening illness. Then from a social point of view, the destruction caused
by an increase in the number of fatal car accidents and other social
complications outweigh the benefits of being able to regulate the sale of the
drug. Additionally, the increase in state tax revenue is the best pro-cannabis
argument I have seen, but while I am all for increasing tax revenue in new
ways, especially when I dont have to pay for it, this is not the way to do
this. For we should not be a country where we think marginally increasing
tax revenue is worth decreasing the average life expectancy. Therefore, the
harmful effects that come from legalizing recreational marijuana would
outweigh any of the benefits.
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