Decriminalization of Non-medical Cannabis in The United States

Decriminalization Of Non-medical Cannabis In The United States

Attempts to decriminalize cannabis (marijuana) in the United States began in the 1970s. As views on cannabis have liberalized (peaking in 1978), almost half the states have either approved it for medical use, decriminalized it for recreational use, or completely legalized it.

Proponents of decriminalization argue that legalizing cannabis would free billions of dollars now used to prosecute users, provide several billions in tax revenue, free a substantial amount of law-enforcement resources which could be used to prevent more serious crimes, free a substantial amount of prison resources, and reduce the income of street gangs and organized crime who grow, import, process, and sell cannabis. Opponents argue that cannabis on the street today has a much higher percent of THC with a stronger drug effect and that decriminalization will lead to usage, increased crime, and abuse of more dangerous illicit drugs.

In 2005, Gonzales v. Raich, ruled in a 6-3 decision that the Commerce Clause and Supremacy Clause of the United States Constitution allowed the federal government to ban the use of cannabis (including medical use) because federal law is "supreme" and trumps state law to the contrary.