Running Head: The Legalization of Marijuana

The Legalization of Marijuana in the United States: A Review of Literature

Roman Herrera
The University of Texas at El Paso

Running Head: The Legalization of Marijuana

Abstract
The legalization of marijuana is a topic in which certain states and territories of the
United States are starting to consider changing their policies on. There are strong supporters and
advocates for both sides of the issue. This review of literature will present the audience with the
current state of marijuanas legalization within the United States and how policy change is
viewed locally and globally. Primary research in the form of a survey and sources of various
types support the main points highlighted in the review.

Running Head: The Legalization of Marijuana

The Legalization of Marijuana in the United States: A Review of Literature

Since the 1920s, the view on marijuana within the United States has changed and adapted
among certain groups just as any other social issue has. Before the beginning of the 20th century,
marijuana and hemp-based products were used in many ways in the United States and
worldwide. As a result of increasingly strict regulations and public opinion at the time, marijuana
was categorized as an illegal drug and that is how it has remained until recently. Surely, the
counter-culture movement of the 1960s with its heightened experimentation with drugs and
other national trends among the nations youth over time have provided a basis for one of the
most common issues in the United States to date: should marijuana be legalized? The topic
creates a separation of opinion among the people. Because there are those who both oppose and
those who support the legalization of marijuana, there are various sources of information
supporting both ends. On one hand you have those progressive groups that push for the
legalization of marijuana, supporting their efforts with the ideas that it has economic and medical
advantages. On the other, there are those more conservative groups that are concerned about the
well-being of the individual marijuana user and society as a whole. Both sides make valid
arguments. By reviewing the works published by those on both sides of the issue, one can grasp
the political and social climate over the issue and where it can potentially lead in the not-toodistant future and answer the following questions:
What is the current state of the legality of marijuana within the United States?
What is currently being done in Congress regarding the legalization of marijuana?

Running Head: The Legalization of Marijuana

What are other nations policies regarding marijuana and how have their policies
affected their social and economic climate?
How would the legalization of marijuana affect international relations and international
drug trade?
The current state of marijuanas legality
In 2014, Colorado became the second U.S. state to legalize the recreational use of
marijuana. Washington State has had recreational marijuana use legal since 2012 and, as a result,
has had other states in the nation questioning their own policies on marijuana. An article written
by Starr (2013) gives the current situation regarding the legality of marijuana in California.
Unlike Washington and Colorado, it is only legal to use marijuana for medical reasons in
California. Such is the situation for a number of other states in the United States.

(Connelly, 2013)

Running Head: The Legalization of Marijuana

Even though a state may allow for marijuana to be used for medical reasons, it is still against the
federal law which still classifies marijuana as a class-1 narcotic. Looking at Californias
regulations are a good example of how the differences and gaps in the laws both at the federal
and state levels provide a confusing situation. The article starts with the eradication of millions
of marijuana plants (Starr, 2013) by the states law enforcement, who are upholding not only the
federal regulations regarding marijuana regulations, but that of the state as well. The article goes
into further detail explaining which state codes and regulations are causing these loopholes and
the punishment for violation of them. For example, the article brings up the issue that within
California three distinguishable categories of marijuana cultivators have emerged: legal
cultivators, lesser illegal cultivators, and major illegal cultivators (Starr). Because the lines
between the categories of cultivators (which mainly deal with the amount cultivated and
cultivation process) are so slim, and that the punishment for being classified in any of the
particular category can range from a misdemeanor to a felony, it is a topic that people feel is in
need of a change. By legalizing marijuana, some feel that these uncertainties would be resolved.
That being said, not all states have as lenient rules on marijuana. The current state of the legality
of marijuana within the United States varies from state to state. Texas, for example, is not as
lenient when it comes to cultivation practices, where there is no clear distinction between
cultivation and possession penalties. For possession amounts above 4 ounces, it is automatically
considered a felony with a mandatory minimum sentence of 180 days incarcerated (Texas). In
August 2014 there was a case in which a Texas teen was facing 10 years to life on drug
charges (Teen, 2014). The teen in question was caught baking edible marijuana goods with
intent to distribute. After receiving national attention, the life sentence charges were eventually

Running Head: The Legalization of Marijuana

dropped while still having the teen face two other felony charges. Texas is an example in which a
state continues to stand by its policies regarding marijuana.
What is being done in Congress?
The next question brought up when discussing the legalization of marijuana is what is
currently being done in politics to either reform or strengthen marijuana regulation. At a time
when some states are loosening their rules on marijuana and the nations opinion is continuing to
shift, the people are interested in what might come. Like the rest of the nation, policymakers
have their beliefs when it comes to marijuana and the benefits and/or repercussions from its
legalization. The article The Anti-Pot Lobbys Big Bankroll by Lee Fang brings to light the belief
that the current state of the legalization of marijuana at the federal level is at a standstill because
policymakers have other interests that are influencing their positions. Fang claims that a number
of our national policymakers are championed by big pharmaceutical companies, who are against
the legalization of marijuana. This is linked with the claims by pro-marijuana advocates that
marijuana has medical properties and advantages which the pharmaceutical companies cant
have control over. The article represents the feelings of the author and other people who see a
benefit from the legalization of marijuana. To shed a different light on the situation is a video of
a congressional hearing regarding the White Houses position on marijuana. In the video "Mixed
Signals" Congressional Hearing On White House Position On Legalization Of Marijuana,
Representatives Steve Cohen and Earl Blumenauer are both expressing their positions in favor of
marijuana reform. Mr. Cohen states that theres a cultural lag where the public doesnt agree
what the law is that affects the entire judiciary system. (WwwMOXNEWScom, 2014).
Blumenauer argues that the current model of marijuana regulation is doing more harm than it is

Running Head: The Legalization of Marijuana

helping. Both have different approaches to their position but both represent that portion of
policymakers not described in Fangs article. Our representatives, in theory, should be
representing the views of their constituents, and in this case it makes sense why the push for
marijuana legalization hasnt been as smooth or speedy as some would want. What is currently
being done to legalize marijuana follows the opinions of not only the policymakers, but also of
the people they represent. Those U.S. citizens that do not want for marijuana to be legalized have
the constitutional right to defend their cause just as those who do.
What is being done abroad?
If television and cinema has done anything in means of changing the way legalization of
marijuana is seen, is that European countries, such as the Netherlands with its famous
Amsterdam coffee houses, can serve as a model for the United States when it comes to the idea
of nation-wide legalization of recreational marijuana use. Coinciding with this idea comes the
question of whether or not these nations have had any economic and/or social impacts as a result
of their own, tailored laws and what exactly are their laws regarding marijuana. A good number
of European nations have based their laws regarding marijuana around the joint agreement to
eliminate both the supply and consumption of drugs in society (UKCIA) under the Frankfurt
Resolution. Each nation has a similar, no-exception approach to hard drugs (LSD, cocaine,
heroin, etc.) but has different laws regarding marijuana and marijuana based products. For
instance, Austrias policy is similar to the United States where possession in any amount are
punishable according to the laws of the individual states. Others, such as France, have even more
strict policies than those in the States. France has an absolute, zero-tolerance view on drugs.
Then there is the Netherlands, which famously is at the other end of the spectrum. The

Running Head: The Legalization of Marijuana

Netherlands represent a situation where officials feel that blanket penalties for cannabis fail to
reach the large scale organized crime leaders and instead cost communities a great amount of
public resources wasted on detaining and indicting responsible adult users. (Voeten, 2012).
Interestingly enough, according to Voeten, the state of marijuanas legality has had a significant
effect on the Dutch economy. Because it is popular for tourists to come into the Netherlands to
take advantage of their marijuana policies, their money follows. Money from tourists play a part
in any citys economic growth and development. Thats not to say, however, that the same will
happen in the United States if recreational marijuana use was to become legal. In the same article
it also reveals that the Netherlands have experienced an increase in petty crime associated with
legalization (Voeten, 2012), particularly those involving the smuggling of marijuana across the
border by tourists. As a response, the Dutch government has put additional preventative laws in
place aimed towards tourists. This is an example where laws that would need to be put into effect
to counteract any negative crime-related effects of legalization.
International relations and drug trade
As acknowledge with the case of the Netherlands policies effecting other nations, the
effects and influence of a nations policies arent confined within their boundaries. The
international drug trade between the United States and mainly Latin American is an issue that
can and will be affected by a change in marijuana legalization and regulation. As it is, Mexico is
a major supplier of heroin to the U.S. market, and the largest foreign supplier of
methamphetamine and marijuana. (Lee, 2014) The drug trade between the United States and its
neighbors to the south remains strong despite efforts of suppression by the governments of either
party. In a forum video from Brookings Institute, a panel explains the different ways in how the

Running Head: The Legalization of Marijuana

changing of policies within the United States is affecting its foreign neighbors. The panel is
composed of professionals in fields ranging from U.S. national security law to Mexicos drug
policy foundation. A key point made in the presentation deals with the future of international
policies and relations. Sandeep Chawla says that the ground on which the federal government
has advocated drug control internationally has now turned very shaky. (Brookings, 2014) The
United States foreign policies and relations rely heavily on their laws regarding drug abuse and
importation. The United States not only acts as a regulator, keeping the drugs from crossing the
nations borders, but a good amount of national funding is also spent to alleviate the burdens
brought on from drug abuse, including the war on drugs in Latin America. Currently the
United States is having internal conflicts trying to decide what the national position on marijuana
will be and a result it would mean that "international commitment would need to be
adapted.(Brookings, 2014) That being said, another point brought up in the video deals with the
present situations happening in those Latin American countries. The regulation changes
happening in the United States and the results of their continued efforts are also serving as an
example, making others question their policies. Columbia, for instance is in the process of
realigning their policies after seeing the low results, or rather the results not completely desired,
from the U.S.s war on drugs. Similar to Californias laws, Chile allows for the limited
cultivation of marijuana for medical use. Like the United States, these countries are adapting
with their given situations. Experimentation in policy leads to regulation. (Brookings, 2014)
2010 was a year that saw the negative effects of drug trafficking on a grand scale. An estimated
3000 people were murdered by narco drug traffickers in the border town of Ciudad Juarez,
Chihuahua, Mexico. As a result, Juarezs sister city, El Paso, Texas, felt some of those effects in

Running Head: The Legalization of Marijuana

different ways. A Survey Monkey survey conducted of mainly college students and adults age
18-40 residing in El Paso was taken to see what they feel the potential changing of policies on
marijuana could do for their community not only in means of crime but also from an economic
standpoint. In addition, there are also questions relating to the main questions mentioned earlier.
By conducting the survey, there is the idea that the opinions expressed by the people of El Paso
would be an accurate representation of the opinions of the residents of other border towns in the
United States. This relates to topic of international relations because the border towns of the
United States, particularly those bordering with Mexico, are a single community where the
residents of either side of the border are affected by the laws and changes on the other side. The
results were mixed, as expected. When being asked whether the drug related crimes in Juarez
have had a negative impact on them, there was almost an equal split with more saying that it has.
While keeping the questions vague, over 90% of the participants felt that the regulation would
bring legal economic stimulation to their community. The participants were not asked about their
nationality.
Conclusion
Within the period in which this review of literature was being written, Alaska, Oregon,
and Washington D.C. have all approved the legalization of marijuana for recreational use. It is an
interesting time at the moment where one can see the political machine at work on a subject that
is continuing to become less taboo. There have been too many papers, articles, posts, blogs,
videos, etc. concerning the topic to acknowledge. This paper was never intended to advocate
change or to defend the current federal anti-marijuana policies. It is simply a presentation of an
issue that continues to be brought up on a global scale.

Running Head: The Legalization of Marijuana

Brookings Institution. (2014, October 17). International Impacts of the U.S. Trend toward Legal
Marijuana. [video file] Retrieved from https://www.youtube.com/watch?
v=aQXvWq1upUc
Connelly, J. (2013, May 23). Medical marijuana: States Nos. 19 and 20. Retrieved October 8,
2014 from http://blog.seattlepi.com/marijuana/2013/05/23/medical-marijuana-statesnos-19-and-20/
Fang, L. (2014). The Anti-Pot Lobbys Big Bankroll. (cover story). Nation,
299(3/4), 12-18.
Gatto, C. (1999). European Drug Policy: Analysis and Case Studies (A. St. Pierre, Ed.).
Retrieved October 14, 2014, from http://norml.org/component/zoo/category/europeandrug-policy-analysis-and-case-studies
Herrera, R. (2014, October 28). Regarding the Legalization of Marijuana [survey]
Lee, B. (2014, March 5). Mexico's Drug War. Retrieved November 3, 2014, from http://
www.cfr.org/mexico/mexicos-drug-war/p13689
Netherlands Compared With The United States. (n.d.). Retrieved October 17, 2014, from http://
www.drugwarfacts.org/cms/Netherlands_v_US#sthash.a7HPB223.xCok0uTd.dpbs
Starr, H. E. (2013). The Carrot and the Stick: Tailoring California's Unlawful Marijuana
Cultivation Statute to Address California's Problems. Mcgeorge Law Review, 44(4),
1069-1102.

Running Head: The Legalization of Marijuana

Teen facing life in prison for pot brownies awaits fate. (2014, August 7). Retrieved November 8,
2014, from http://www.usatoday.com/story/news/nation/2014/08/07/teen-pot-browniesprison/13711905/
Texas Laws & Penalties. (n.d.). Retrieved November 1, 2014, from http://norml.org/laws/item/
texas-penalties-2
UKCIA presents ... the Frankfurt Resolution. (n.d.). Retrieved October 10, 2014, from http://
www.ukcia.org/politicsandlaw/frank.html
Voeten, E. (2012, November 8). Legalizing Marijuana: Some Lessons from The Netherlands.
Retrieved October 17, 2014, from http://themonkeycage.org/2012/11/08/legalizingmarijuana-some-lessons-from-the-netherlands/
WwwMOXNEWScom. (2014, March 5). "Mixed Signals" Congressional Hearing On White
House Position On Legalization Of Marijuana. [video file] Retrieved from https://
www.youtube.com/watch?v=sThWlIQb0Lo

Running Head: The Legalization of Marijuana

Running Head: The Legalization of Marijuana