A Discussion on Legalize and Possession of Marijuana Essay

Introduction

Colorado and Washington legalized marijuana in November 2012, they both only allow the use of marijuana for the recreation purposes for the adults aged 21 years and above (Kamin, 2012). These states were the first to legalize, regulate, and tax the little amounts of income on marijuana. This legalization is in contrast to the national government law that restricts the possession, distribution and cultivation of marijuana for any other use, other than for the government approved research. The federal government regulates the possession of marijuana as per the controlled substance act of the United States Code. The state's laws allow the production, processing and retailing of the marijuana as long as one obtains an operating license through requesting the states LCB to conduct the procedure of issuing the permit. The law also imposes a tax on those people that are licensed to sell marijuana in both states. For example, the Washington State imposes a 25% tax on those authorized to sell marijuana; the tax money is used for social and healthcare services (Hawken, 2013). While in Colorado, they impose a tax that ranges between 15% and 25%, and it is used for public schools constructions (Hawken, 2013). According to the two states amendments, the use of marijuana is legal as long as you are within the boundaries of the states. However, in both countries, marijuana is used in private or in a manner that does not harm the members of the public.

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The Implementation Problem Regarding the Law on Marijuana Legalization

Various challenges were experienced during the law implementation process in the Colorado and Washington states; this problem was mainly linked to the Conflict between the federal and state law. The Federal government perceives marijuana as illegal despite, legalizing marijuana for recreational purpose, the 19 jurisdictions that permit medical marijuana and the high number of the American population who support the legalization. The implementation problems involved in this conflict include

Enforcement

The United States government should decide on the degree at which it will enforce the federal laws in the states that have authorized marijuana use under the state laws. The strict enforcement gets costly and difficult as more countries try to legalize marijuana. The black market also poses a problem to the government as it works to implement the drugs policies forcing them to raid the operations and dispensaries the federal government claim are trafficking drugs while us they sell in the medical market. This kind of enforcement hinders the access of medical marijuana for the genuine customers thus acting as a barrier to those who intend to grow and sell marijuana legally

Federal tax challenges

According to the federal tax code, marijuana is illegal. Therefore, businesses that sell, produce or get involved in marijuana transportation is restricted from deducting their business expense on their federal tax thus acting as a substantial financial burden. Taking into consideration that the state's tax systems are linked to the federal tax code makes the expense of the business I every state that legalizes medical marijuana not to be deducted in the state tax.

Banking and business challenges

The federal banking services restrict any business that deals with marijuana from getting loans and also registration of bank accounts since the banks do not intend to risk federal prosecution. The marijuana business has difficulty obtaining loans, and therefore they function on a cash-only basis. This triggers tax evasion, robbery, and money laundering. However, the security firms and the insurance companies do not get involved with the marijuana business due to the fear of the federal laws.

The advantages and disadvantages of the law legalizing marijuana

Advantages

The marijuana legalization laws lead to the boost of income revenue, as other states try to coup up with the decrease in revenue and raise in the cost of living, others are looking for creative ways to raise their income level. For example, the marijuana legalization in Washington generates a monthly revenue income of 25% from the marijuana business. It's the same case for Colorado where they earn a monthly income tax that ranges between 15 to 25%. In Colorado, it is estimated that the annual charges from marijuana business could vary from $5 to $22 million (Hawken, 2013).

More effective law enforcement and criminal justice

Majority of the population advocate for the legalization of marijuana. Through legalizing it, the enforcement will have the time and resources to pursue criminals involved in other criminal activities. This will also enable the judges to focus on different types of crimes or offenses thus reducing the congestion in prison facilities. Research estimates that the countrywide marijuana legalization would save the federal government an estimate of $.7 billion each year (Kamin, 2012). The legalization also lead to the decrease in the amount of fine imposed on an individual due to having less than one ounce of marijuana.

Disadvantages

Addictive property

Most of the anti-marijuana advocates are opposing its legalization due to its addictive aspect. The constant use of the drug enhances ones tolerance to it thus resulting in dependency and addiction. According to research, 10% of marijuana users develop addiction over time while as quitting the use of marijuana results in withdrawal symptoms (Kamin, 2012).

References

Hawken, A., Caulkins, J., Kilmer, B., & Kleiman, M. (2013). Quasilegal cannabis in Colorado and Washington: local and national implications. Addiction, 108(5), 837-838.

Kamin, S. (2012). Medical marijuana in Colorado and the future of marijuana regulation in the United States. McGeorge L. Rev., 43, 147.