Decriminalization of Non-medical Cannabis in The United States - History

History

Main article: Legal history of cannabis in the United States#Decriminalization (1970s—2000s) See also: Places that have decriminalized non-medical cannabis in the United States

Multiple states, counties, and cities have decriminalized cannabis. Most places that have decriminalized cannabis have civil fines, drug education, or drug treatment in place of incarceration and/or criminal charges for possession of small amounts of cannabis, or have made various cannabis offenses the lowest priority for law enforcement.

After the 1960s, an era characterized by widespread use of cannabis as a recreational drug, a wave of legislation in United States sought to reduce the penalties for the simple possession of cannabis, making it punishable by confiscation and a fine rather than imprisonment or more severe charges.

In 1972, President Richard Nixon commissioned a study on cannabis use from the National Commission on Marijuana and Drug Abuse. The Commission found that the constitutionality of cannabis prohibition was suspect, and that the executive and legislative branches had a responsibility to obey the Constitution, even in the absence of a court ruling to do so. The Nixon administration did not implement the study's recommendations. However, the report has frequently been cited by individuals supporting removal of cannabis from Schedule I of the Controlled Substances Act.

In 1973, Oregon became the first state to decriminalize cannabis possession. By 1978 Alaska, California, Colorado, Mississippi, New York, Nebraska, North Carolina, and Ohio had some form of cannabis decriminalization. Certain cities and counties, particularly in California, have adopted laws to further decriminalize cannabis.

In 1974, A Senate Internal Security Subcommittee, chaired by Sen. James O. Eastland on The Marijuana-hashish epidemic and its impact on United States security state that evidence accumulated by scientific researchers on cannabis had turned dramatically against this drug.

Further legalization came in 2012 as two of three measures on the November 6 general ballot succeeded by wide margins. Washington Initiative 502 (2011) and Colorado Amendment 64 (2012) passed in the general election, as Oregon Ballot Measure 80 (2012) failed. Both of the successful measures restricted cannabis possession to adults aged 21 or over, restricted the total amount allowed and included a "DUID" provision against driving under the influence of marijuana. Both explicitly regulated cannabis much like hard liquor has been regulated since the end of prohibition in the United States, and explicitly avoided any changes to medical cannabis law. Initiative 502 defined marijuana based on its THC content and regulated all growth, processing and sale of marijuana under the Washington State Liquor Control Board, with strict restrictions against public consumption of marijuana. The Colorado measure, by contrast allowed private "home grows" in addition to commercial regulation. The failed Oregon law, by contrast, established a new state agency to regulate and tax cannabis, but was less specific and allowed possession for all adults, aged 18 or older.