Opinion piece about the legalisation of cannabis
Defined by the WHO (World Health Organisation) as «a generic term used to denote the several psychoactive preparations of the plant Cannabis sativa», cannabis is by far the most widely cultivated, trafficked and abused illicit drug. The use of this substance is extremely common and becoming more and more accepted in society. Most people will surely consume it at least once in our lives, and this at an increasingly advanced age as shown by each year’s reports. For example, french are the first European consumers of recreational cannabis; indeed, 44% of french from 15 to 64 years old assume to have smoked a joint of cannabis at least once i.e. 18 million people. A number all the more consequent as the Netherlands, where consumption is legal, only holds a rate of 27,7% users of cannabis over its overall population. This question of cannabis’ legalization is more and more popular and discussed in several European countries as it could be presented as a liberalisation of the selling and «officialisation» of the industry. Industry that is a major issue for the authorities, dut to the uncontrollable development of drug underground markets.
The difference between legalization, decriminalization, and liberalization.
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First, we will focus on the subtleties between the legalization, decriminalization, and liberalization which correspond to different terms on the relaxation of the rules regarding the sale, the purchase, and consumption of cannabis, may it be medical or recreational.
When drug use and possession are decriminalized, criminal charges are not applied, which means that the criminal penalties will be replaced by civil ones. These could include referral to an education or treatment program or a fine. The civil case will not have to go through the court system and may be dealt with by tribunals, which will allow it not to appear on the criminal record and therefore, not affect employment or housing. With decriminalization, there are no longer criminal charges.
Concerning the legalization, it corresponds to the removal of all penalties for possession and personal use of drugs, in an established, controlled, and regularised way obviously, with specific places to buy and produce marijuana.
Finally, liberalization consists in legalizing or decriminalizing the use or sale of cannabis.
An impact on the Black market?
Legalizing cannabis could, at first glance, be a solution when it comes to the destruction of the illegal marijuana market as it should dissipate as soon as the substance becomes legalized, much so that it became one of the primary arguments used by pro-legalization politicians to promote the drug.
But the reality after multiple observations made in the few countries where it has been legalized is that the cannabis market is anything but dying, in some cases, it’s more active than it has been in years. Indeed, some outlets choose to forgo the acquisition of a legal license while still operating out of a storefront and presenting themselves as licensed dealers. Moreover, on the side of the consumers, they prefer to buy cannabis at a lower price and better “quality” as the regulation set a significant $9.25 tax per ounce of flower required from dealers and an additional 15% excise tax required from the consumer, within additional the control of the component during the production, modifying the original “taste” of marijuana.
All things considered, the legalization will have no impact on the black market, or at least not until there are modifications in the establishment of it, such as the amount of the tax, the control of sales, as well as the legal composition authorized for the production of cannabis.
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Address the marijuana issue like the tobacco and alcohol issue?
In a situation such as the legalization or decriminalization of a drug, and in this case the cannabis, the issue should be treated knowing that the substance is much more addictive and implies health effects such that affect the cognitive development, psychomotor performance, when the consumption is punctual, or chronic effects as the exacerbation of schizophrenia, dependence, or even chronic bronchitis.
Given these points, strict control and regulation is necessary in order for the people to consume it conscientiously and with parsimony, for medical or «recreational» purposes, as cannabis has pharmacological properties and gives a sensation of «peace and calm» for the users.
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The example of the Netherlands and results of the decriminalization
As a conclusion of this article, we will rely on the example of the Netherlands which has decriminalized the consumption and sale of cannabis in licensed coffee shops since 1976. It was one of the first countries where cannabis became the object of statutory regulation. Almost 50 years after the liberalization of this drug, we will see how the country dealt with those new rules and reglementations concerning the sale and consumption.
The government set new laws aiming to preserve the
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Netherlandish population from damages of cannabis and traffic hazards. The first one is the possession of up to 5g is decriminalized, the second one that the cultivation of up to 5 plants is unenforced for non-commercial use (unless grown in a professional setup), and the third is that consumption and sale are tolerated only in licensed coffee shops.
Concerning medical use, cannabis is completely legal in the Netherlands, as long as the doctor gave you a prescription for therapeutic or pharmacological purposes.
The consumption of cannabis is however not authorized for the entire population. Indeed the adults-only of course are concerned by the decriminalization, but not even all of them, since a wietpas, or «weed pass» has been created, limiting the number of members to 2,000 adults who have to be resident of the Netherlands. This pass, though, is highly contested by authorities and mayors as the coffee shops represent valuable economic activity, in particular from tourism, generating thus few problems for the four largest cities, Amsterdam, Rotterdam, the Hague and Utrecht, which became famous thanks to it.
Additionally, the coffee shops benefits are estimated at 400 million euros in tax money, that would otherwise have accrued to criminal profiteers. However, the shops are still supplied via an illegal production system, often involving organised criminal groups, which would almost strengthen the Black market, or at least not reduce it at all. Not to mention all individuals who stay in contact with their dealers because their prices are lower since they do not take into account taxes established by the government.
In summary, we can observe that decriminalization is not always a solution when it comes to reducing the Black market and that it can even cause the opposite effect. There is still a long way to go when it comes to cannabis laws and how to deal with this drug that surrounds us. Us french, maybe more than anyone.