Comparative Analysis of Marijuana Policy in the United States and the Netherlands:

Questioning the Continuing Validity of the U.S. Approach

The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant.John Stuart Mill, On Liberty, 1859.

Presentation Overview

• History of Marijuana Policy in the US– Current Status of the War on Drugs

• History of Marijuana Policy in the Netherlands– Current Status of Decriminalization

• Policy Implications for the US– Arguments against decriminalization– Public Opinion

History of Marijuana Policy in the United States

• Federal Bureau of Narcotics formed in 1930– Propaganda campaign against marijuana

• It is alleged that the FBN Commissioner, Harry Anslinger, directed a propaganda campaign against marijuana to secure funding for the fledgling agency

– Enlisted the help of Hollywood and media

– In response 27 states outlawed use and possession of marijuana within just a few years

– This set the stage for the Marijuana Tax Act

US History Cont.

• 1937 Marijuana Tax Act– In order to legally cultivate, sell or possess

marijuana an individual would have to apply for and receive a stamp indicating they had paid a tax on the activity

– Control over marijuana was maintained by not approving any applications

US History Cont.

• Legislative History: Testimony– Harry Anslinger, FBN Commissioner:

• marijuana was worse than opium

– Clinton Hester, Assistant General Counsel, Dept. of the Treasury:

• marijuana causes insanity and death

– Dr. William Woodward, Legislative Counsel, American Medical Association:

• Stated that there was no evidence that marijuana was dangerous to users or caused them to be dangerous

• Questioned why Bureau of Prisons data did not back these claims

US History Cont.

• 1970 Comprehensive Drug Abuse and Control Act– Consolidated previous federal drug laws– Created the Drug Enforcement Agency– Enforcement budget increased from $86

million in 1969 to nearly $800 million in 1974

– President Nixon declares a “war on drugs”

US History Cont.

• 1970s: Experimentation with Policy– Nixon formed the National Institute on Drug

Abuse Research– Also supported methadone treatment for

heroin addicts– 12 States decriminalized possession of

small amounts of marijuana for personal use

US History Cont.

• 1988 Anti-Drug Abuse Act– Created minimum sentencing guidelines for

drug violations• Mainly in response to the emergence of crack

cocaine

– Enforcement budget increased to $20 billion by 1998

– The “Just Say No” era

US: Current Status

• Use of Marijuana– Marijuana is the third most popular recreational

drug after alcohol and tobacco– US Dept. of Health and Human Services

• 70 million Americans have tried marijuana• 18 million have smoked marijuana in the last year

– ACLU • 34% of voters surveyed had smoked marijuana

– American Journal of Public Health • Criminalization does not deter marijuana use

US: Current Status

• Effect of Prohibition– 59% reduction in use of marijuana from 1979 to

1993– 25% of all drugs entering the US are interdicted

• Cost of Prohibition– 12,000% increase in enforcement budget from

1979 to 1993

• Current Funding– $37.1 billion, $10 billion spent on marijuana

enforcement

US: Current Status• Social Impact of Prohibition

– 6.5 million people incarcerated on marijuana charges from 1994 to 2004

• More people than the combined populations of Alaska, Delaware, DC, Montana, North Dakota, South Dakota, Vermont and Wyoming

– 800% increase in the arrest rate from 1980 to 2000• 88% for simple possession• Only 1 in 18 of those results in felony conviction,

remaining are adjudicated as misdemeanors or dismissed• Accounts for $4 billion of the $10 billion budget• Enforcement now focused on users

US: Current Status

– Percent of prison population incarcerated for drug offenses

• 1970: 16%• 2000: 54%

History of Marijuana Policy in the Netherlands

• Post WWII some use of marijuana– Simple possession punished by up to 3 months

incarceration and fine

• 1960-1970 – Dramatic rise in marijuana use as a recreational

drug (also heroin, cocaine and other hard drugs)– Began to be viewed as a social and health problem– Public discourse became part of national legislative

reaction• Concern for health risks and impact of criminalization on

future executives and intellectuals

Netherlands History Cont.

• Baan Working Party– Formed to analyze the pharmacological,

psychological and social aspects of drug use– Analyzed drug use based on risk criterion

• Neither all drugs nor all illegal drug consumption were to be considered equally dangerous

• Realized drug use could not be eradicated, part of human condition

– Made a unanimous decision to decriminalize marijuana

• Contrast with legalization

– Results of study used to amend the 1928 Opium Act

Netherlands History Cont.

• Opium Act Reform of 1976– Distinguishes between drugs that present an

unacceptable risk (heroin, cocaine, LSD and amphetamines) and marijuana

– Penalties for dealing in hard drugs increased and penalties for marijuana decreased

– Sought to separate markets• Protect users of marijuana from contact with other hard

drugs

Netherlands History Cont.

• Opium Act– Possession of up to 30 grams of marijuana is a

misdemeanor which results in a minimum of 1 month incarceration and a fine

– Expediency Principle• 1976 Minister of Justice issued investigation and

prosecution guidelines– Possession of less than 30 grams of marijuana given the

lowest law enforcement priority – Normally no investigation or prosecution should be

undertaken– Exception for individuals who are a public nuisance or

commit other crime

Netherlands History Cont.

– Legal sale of marijuana allowed• Commercial enterprises allowed to sell

marijuana products as long as they do not:– Advertise– Sell hard drugs– Cause a public nuisance– Sell to minors or allow on premises– Sell more than 5 grams per transaction, per person,

per day

Netherlands Current Status

• Use of Marijuana– 17% have used marijuana at least once

• Compare to 43% in US

– 4.6% of population have used marijuana in the last year

• Compare to 17% in US

Policy Implications for the US

• Arguments Against Decriminalization

• US Public Opinion

Arguments Against Decriminalization

• Decriminalization will increase marijuana use– Marijuana use in the US is 26% higher than

in the Netherlands– Half of 18 year olds in the Netherlands who

try marijuana quit within a year– Rates of marijuana use during the last year

in the Netherlands has declined from the 1970s, stabilizing at about 4-5%

Arguments Against Decriminalization

• Marijuana is a gate-way drug– Heroin

• Heroin addiction rate in the Netherlands is about 160 per 100,000 population

• Heroin addiction rate in the US is about 415 per 100,000 population

– Cocaine• 10.5% of US population has used cocaine, .7% have

used cocaine in the last month• 2% of Netherlands population has used cocaine, .2 have

used cocaine in the last month

Arguments Against Decriminalization

• Decriminalization will increase drug related crime– Netherlands incarceration rate in 2002 was 100

per 100,000 population– US incarceration rate in 2002 was 701 per

100,000 population– Netherlands homicide rate in 2001 was 1.51 per

100,000 population– US homicide rate in 2001 was 5.56 per 100,000

population

Public Opinion in the US

• 2002 CNN/Time Magazine poll– 51% think marijuana should not be

legalized– 72% think marijuana should be

decriminalized

• 2004 Zogby poll– 46% think marijuana should be regulated

like alcohol and tobacco

Discussion Topics

• Constitutional issue raised in reading• Federal drug scheduling• Health risks for users• Paper suggestions

– Comparison with alcohol/tobacco– Medical studies– Drug scheduling– Incarceration rates: effect on minorities