The difference between marijuana decriminalization and legalization in NH

It is important that citizens, voters, press and policymakers understand the critical differences between decriminalization and legalization of marijuana in New Hampshire.

It is important that citizens, voters, press and policymakers understand the critical differences between decriminalization and legalization of marijuana in New Hampshire.

Decriminalization

Under a policy of “decriminalization,” the possession of a specified small amount of marijuana (most commonly 1 ounce or less) would be classified under state law as a violation – a civil offense punishable by a fine – rather than a criminal offense. Under “decriminalization,” possession of larger amounts of marijuana and all other marijuana-related activities – including cultivation, manufacture, sale and distribution – would remain illegal under state law and subject to criminal sanctions, including a maximum fine of $2,000 and a year in jail.

Legalization

In stark contrast with “decriminalization,” under which penalties would be reduced only for the possession of small amounts of marijuana, “legalization” of marijuana means that all components of the marijuana business process would be legal. “Legalization” would remove all state restrictions, regulation and penalties for any marijuana-related activities (manufacture, sale, distribution, marketing, possession and use) in any amount by any person. Under legalization:

It would be legal to possess and use marijuana in New Hampshire.

It would be legal to distribute and sell marijuana in New Hampshire.

It would be legal to cultivate and grow marijuana in New Hampshire.

It would be legal to manufacture, market and sell products containing marijuana (edibles) in New Hampshire.

Legalization will give rise to the development of a commercial marijuana industry in New Hampshire – a network of growers, manufacturers, distributors and retail establishments, all operating with a profit motive and the incentive to increase consumption by the development of high-potency products and marketing to create new users and maintain heavy users. Legalization will result in lower prices and a significant increase in use by recreational and heavy users.

Only three jurisdictions – Colorado, Washington and Uruguay – have legalized marijuana, and the implementation in Colorado should give New Hampshire pause. Colorado has seen rapid commercialization, with large-scale indoor growing facilities, the development of high-potency products, increased advertising, an explosion of edible products and a dramatic increase in the number of retail marijuana stores.

Colorado is also seeing a number of immediate public health and safety impacts – product safety concerns, increased emergency room visits for children and for adults with symptoms of overdose, and increased incidents of impaired driving.

Proponents of legalization suggest that taxation and regulation of the commercial marijuana industry will protect public health and safety and provide the state with additional revenue. We need only examine our experience with another legal addictive substance (alcohol) to know that regulation has been largely ineffective in controlling access, marketing, and the adverse public health and safety impacts of alcohol use and misuse.

From our experience with Big Alcohol, we also know that the revenue received from regulation and taxation will never compensate or remediate the economic and public health and safety costs of the use and misuse of legal marijuana.

A December 2012 study by PolEcon Research (“The High Cost of Excessive Alcohol Consumption in New Hampshire”) concluded that while the state received $140 million a year from the sale and taxation of alcohol, the cost to the state of excessive alcohol consumption was more than $1.15 billion annually in lost productivity and earnings, increased expenditures for health care, and public safety costs.

A soon-to-be-released update of the 2012 PolEcon Report that includes the costs of excess alcohol consumption and illicit drug use shows that annual cost to New Hampshire of alcohol and other drug misuse is $1.84 billion, of which 62.5 percent is attributable to lost worker productivity.

Tricia Lucas is advocacy director for New Futures, a nonpartisan, nonprofit organization that advocates, educates and collaborates to prevent and reduce alcohol and other drug problems in New Hampshire.

Source

The difference between marijuana decriminalization and legalization in NH