By Dan Murphy
The New York State Department of Health has released a 74-page report this month that recommends the legalization of marijuana in the Empire State. The report, titled “Assessment of the Potential Impact of Regulated Marijuana in New York State,” concludes: “The positive effects of regulating an adult (21 and over) marijuana market in NYS outweigh the potential negative impacts. Areas that may be a cause for concern can be mitigated with regulation and proper use of public education that is tailored to address key populations. It has become less a question of whether to legalize but how to do so responsibly.”
The report cites numerous facts, studies and findings that reject many of the arguments made against legalizing marijuana over the decades.
“Marijuana is easily accessible in the unregulated market,” states the report. “A 2017 Marist Poll showed that 52 percent of Americans 18 years of age or older have tried marijuana at some point in their lives, and 44 percent of these individuals currently use it. Estimates from the National Survey on Drug Use and Health indicate that one in 10 New Yorkers used marijuana in the last month.
“The status quo (i.e., criminalization of marijuana) has not curbed marijuana use and has, in fact, led to unintended consequences, such as the disproportionate criminalization and incarceration of certain racial and ethnic groups that has a negative impact on families and communities.”
Perhaps one of the more compelling arguments in favor of legal pot is that marijuana use can stem the abuse of opioids.
“Studies have found notable associations of reductions in opioid prescribing and opioid deaths with the availability of marijuana products,” states the report. “States with medical marijuana programs have been found to have lower rates of opioid overdose deaths than other states.
“The opioid epidemic in NYS is an unprecedented crisis. Diagnoses of opioid use disorder are on the rise. In addition to the dramatic increase in the number of deaths in the past few years, this epidemic has devastated the lives of those with opioid use disorder, along with their families and friends.
“Those with opioid use disorder are at higher risk for HIV, Hepatitis C, and chronic diseases,” continues the report. “In NYS, overdose deaths involving opioids increased by about 180 percent from 2010 (more than 1,000 deaths) to 2016 (more than 3,000 deaths). Opioid overdose is now commonplace throughout NYS.
“Marijuana is an effective treatment for pain, greatly reduces the chance of dependence, and eliminates the risk of fatal overdose compared to most opioid-based medications. Studies of some states with medical marijuana programs and/or regulated adult-use have found notable associations of reductions in opioid deaths and opioid prescribing with the availability of marijuana products. States with medical marijuana programs have been found to have lower rates of opioid overdose deaths than other states, perhaps lower by as much as 25 percent.
“Studies on opioid prescribing in some states with medical marijuana laws have noted a 5.88 percent lower rate of opioid prescribing, and the implementation of adult-use marijuana laws (which all occurred in states with existing medical marijuana laws) was associated with a 6.38 percent lower rate of opioid prescribing,” states the report. “Following legalization of adult-use marijuana in Colorado, the state saw a short-term reversal of the upward trend in opioid-related deaths.”
The other argument in favor of legal pot is one of criminal justice reform.
“In addition to health impacts, the prohibition of marijuana has had significant impacts on criminal justice,” states the report. “The Marijuana Reform Act of 1977 decriminalized private possession of a small amount of marijuana, punishable by a maximum fine of $100. However, possession of marijuana in public view remains a misdemeanor.
“Over the past 20 years, there have been more than 800,000 arrests for marijuana possession, and the increasing emphasis on minor marijuana arrests has had a disproportionate impact on communities of color. The over-prosecution of marijuana has had significant negative economic, health and safety impacts that have disproportionately affected low-income communities of color. Legalization of marijuana will address an important social justice issue by reducing disproportionate criminalization and incarceration of certain racial and ethnic minority communities.
“While marijuana arrests have dropped significantly in New York City since 2014, NYS Division of Criminal Justice Services data demonstrate that 86 percent of the people arrested for marijuana possession in the fifth degree in 2017 were people of color; 48 percent were black, and 38 percent were Hispanic. Only nine percent were white.
“Subject matter experts noted one of the biggest drivers of racial disparities in criminalization and incarceration rates is marijuana, and the best way to address it is to legalize marijuana,” continues the report. “A great majority of arrests are for violations or misdemeanors that most people no longer view as criminal behavior. It is rare that these arrests lead to the discovery of guns or violent crimes.”
Another argument debunked with factual evidence from the report is that marijuana use will greatly increase if legal, by those who never used it but will want to because it’s legal.
“It is likely that some people who have never used marijuana before due to fear of legal repercussions may try marijuana once legal sanctions are lifted,” states the report. “Some states that have a regulated marijuana program have seen a slight increase in adult use, while other states have seen no increase at all. This does not mean that those individuals will become regular or even semi-regular marijuana users.
“Subject matter experts noted that there is no conclusive evidence about whether legalizing marijuana increases use. It was pointed out that as with alcohol, use varies. Subject matter experts noted that brief increases in use in Colorado and Washington leveled out. They noted that such increases are, at least in part, the result of tourism. People in states without legal access are willing to travel to states where marijuana is legal. As more of the country legalizes, these increases will fade,” according to the report.
Another argument that is debunked by the report is that marijuana use by youth will increase if pot is legal.
“The majority of credible evidence suggests legalization of marijuana has no or minimal impact on use by youth,” states the report. “Criminalization in the U.S. has not curbed teen use. Marijuana is the most commonly used illicit substance by adolescents. Eighty to 90 percent of American 18-year-olds have consistently reported that marijuana is ‘very easy’ or ‘fairly easy’ to obtain since the 1970s. Regulating marijuana would enable the state to establish controls over marijuana use, including setting legal age limits, which will reduce youth access to marijuana. In addition, the creation of a regulated marijuana program would establish a legal distinction between underage and adult marijuana use.
“Subject matter experts noted that marijuana will be more difficult for youth to obtain in a regulated marijuana environment. They stated it is easier for teens to get marijuana than alcohol because alcohol is regulated and marijuana is not. They asserted that the illicit economy operates now with no rules or regulations, youth know how to obtain marijuana, and the notion that regulation will foster greater demand is unfounded.
“An adult-use regulated marijuana program should prohibit use by youth (individuals younger than 21),” continues the report. “At the same time, there should be an emphasis on education that addresses adolescents’ perceptions of the risks, benefits, social norms, and peer influences surrounding marijuana and highlights safety and harm reduction. A regulated marijuana program should implement strategies to reduce youth use of marijuana.”
The argument heard over the years, that marijuana is a “gateway drug” leading to the use of more illicit drugs like cocaine or heroin, is not shown based on the data from this report.
“The majority of individuals who use marijuana do not try other illicit drugs,” reads the report. “Early regular use of tobacco and alcohol were the two factors most consistently associated with illicit drug use. Subject matter experts stated that the research community generally does not recognize the premise that marijuana leads to the use of other substances as a legitimate or plausible assertion.”
There is a financial component to legalizing marijuana in New York State, including increased sales tax revenues and lower court, jail and police costs. We will continue our stories on the legalization of marijuana in New York State report next week, including the political implications and what New York’s neighboring states are doing.
