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Which States Have Decriminalized Marijuana Possession?


New Mexico Gov. Gary Johnson, a Republican, has sent to the state legislature a bill that would decriminalize possession of 1 ounce of marijuana. The New York Times reported today that 10 other states have already done that. Which states are they? And what does it mean to "decriminalize possession"?

The states are Alaska, California, Colorado, Nebraska, New York, North Carolina, Maine, Minnesota, Ohio, and Oregon. These state legislatures (except Alaska's) decriminalized marijuana possession in the 1970s. Oregon was the first, in 1973, following the recommendations of the Nixon administration's National Commission on Marijuana Use (also known as the Shafer Commission). Nebraska was the last, in 1979. Another state, Mississippi, decriminalized marijuana possession in the '70s but later recriminalized it as a misdemeanor offense.



The state of decriminalization in Alaska is unclear. A 1975 state Supreme Court decision decriminalized marijuana possession, but voters approved a state referendum in 1990 that recriminalized all possession. Subsequent court rulings have upheld the 1975 decision, but the state's high court hasn't ruled on the matter, so the law remains ambiguous.

What does it mean to decriminalize possession? Decriminalization treats the possession of small amounts of marijuana (such as 1 ounce) as a civil, rather than a criminal, offense. Offenders are given a citation and fined, and their marijuana is confiscated. Possession of larger amounts is still a criminal offense because it implies an intent to sell. (The laws differ from state to state. Ohio, for example, decriminalizes possession of up to 100 grams, or 3.5 ounces. Click here for a state-by-state guide to marijuana penalties.)

Legalization, as opposed to decriminalization, would create a legal, regulated market for marijuana, presumably with age limits and quality controls similar to those placed on alcohol. Decriminalizing possession is also different from the decriminalization of "medical marijuana," which allows patients to use and sometimes cultivate marijuana for therapeutic purposes, with the permission of a doctor.

Next question?

Explainer thanks Keith Stroup, executive director of the National Organization for the Reform of Marijuana Laws.

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[Notes from the Fray Editor: There was a huge response to this article, but most of the comments covered well-known ground. The first two views below at least were not repeated by hundreds of other posters. Those on the Fray supporting de-criminalization vastly out-numbered those who opposed it.]


Keep pot illegal in public, but if an individual wants to grow, smoke, swim in, eat, or whatever in his own home let them. Don't let him walk to the bus stop with his son with a joint hanging out of his mouth, but if he wants to smoke while watching his favorite cartoon let him. Let retailers sell seeds but not weed. Make the people who want to smoke pot grow it themselves. If a person is found with weed in their car, pocket, or whatever fine them and give them jail time because they have no excuse to transport. If they want to smoke at a friend's house make that friend grow it.

--Dan

(To reply, click here.)

"...a legal, regulated market for marijuana, like that for alcohol."



In the United States, where money talks and everything else is characterized as BS in comparison, the purveyors in any profitable market will soon own the law and the regulators. We're all familiar with the concept of "no controlling legal authority", which applies even more closely to tobacco and alcohol regulation than campaign finance regulation. Kill a few dozen customers by selling them faulty tires, and you risk prison; kill half a million Americans a year with a product that does nothing practical except kill people, and the folks who seek to restrain you in any way are thought of as some kind of Socialists.

Twenty years after marijuana is legalized, when Americans start dying by the tens of thousands, it will be too late to go back, too late to return to sanity. By then the marijuana industry will have acquired a controlling interest in Congress at the cost of a mere fraction of its profits

--Glenn Tomkins

(To reply, click here.)


How come the government thinks it knows best what's good/bad for us? The more I look, the more I find out how many laws I run afoul of every day. I don't mean drug laws per se: the fact is, the average citizen doesn't actually know the extent of the existing legislation he/she is supposed to be controlled by. It's a trap set to getcha. And with enforcement agencies slowly but surely usurping the right to privacy (especially with regard to electronic communication), greater numbers of otherwise honest citizens are potentially in trouble. How many prisons are we going to build, how much money will be wasted before the agencies figure out honest mistakes and victimless crimes ought to be left alone? And by the way, how come it's illegal for ordinary citizens but not for the ruling elite? I don't see any jail of prison populated with them, even when they get caught. Come on, people! This is supposed to be freedom. You know, the kind of ideal we fought for and died in wars over

--The Wandering Void

(To reply, click here.)


While I can't approve of your pot-smoking, I don't want the Government to spend its time and my money looking for miscreants like you. You are only harmful to yourself and perhaps your children who I may have to teach some day.

--Donjon8

(To reply, click here.)
[Part of a much longer message answering the previous poster in detail.]


Government and independent studies have consistently found that our current marijuana laws are doing nothing to stop people from choosing to light up. What they have found is that the current system actually causes more people to expand into other, actually harmful drugs because they are placed into the same category as marijuana. Why then, do politicians still support the 400 billion dollar war on drugs? It is because they either don't know the truth, or are scared to take a "soft" position on the drug issue. Call me crazy, but if a "hard" line approach hasn't worked in this country since the 1930's, and doesn't work anywhere else in the world, is it really an approach at all?

--Brandon Hall

(To reply, click here.)

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