The Cost of Marijuana

Prohibition in Rhode Island

Recommending decriminalization of possession of one ounce
or less of marijuana

•Background and History

•Arrest and Incarceration
•Fiscal and Human Costs
 Marijuana is safer than
alcohol
Marijuana Alcohol
– Cannot effect brain stem – Overdose can cause
and vital body functions death
– No substantial physical – Dangerous with-drawl
or psychological with- symptoms
drawl – Involved in 60% of
– No demonstrated domestic violence
association with violent incidents
behavior – Associated with
– No evidence of any long approximately 32,000
term health effects health-related deaths per
• impairment of memory1 year
• Respiratory cancer2
1-Pope et al, “Neuropsychological Performance in Long-term Cannabis Users.” Archives in General Psychiatry 58 (2001)
2-Hasibe et. al., “Marijuana Use And the Risk of Lung Caner and Upper Aerodigestive Tract Cancer.”Cancer Epidemiologicl Biomarkers &
Prevention 15 (2006)
 Marijuana is safer than
alcohol
• “In strict medical terms, marijuana is far safer than many of the foods we
commonly consume…Marijuana, in its natural form, is one of the safest
therapeutically active substances known to man.”
– US DEA Administrative Law Judge Francis Young, 1988 hearings on marijuana
rescheduling

• “There is no conclusive evidence that the drug effects of marijuana are

causally linked to the subsequent abuse of other illicit drugs.”
“Although [some] marijuana users develop dependence, they appear to be less
likely to do so than users of other drugs (including alcohol and nicotine).”
– National Academy of Science, Marijuana and Medicine: Assessing the Science Base, 1999

• 43% of people in the US have tried marijuana (compared to only 20% in the
Netherlands). 1

1-Degenhardt et al., “Towards a Global View of Alcohol, Tobacco, Cannabis, and Cocaine Use: Findings from
the WHO Wolrd Mental Health Surveys,” PLOS Medicine 2008.
 Criminalization of Marijuana Was
Justified by False Information and
Racism
• Marijuana Criminalized in US in 1937
– Criminalization started in the Southwest, associated with
fear of Mexican use of marijuana
– Chief witness at the federal hearings was the head of the
Federal Bureau of Narcotics, Harry Anslinger
• “…the primary reason to outlaw marijuana was its effect on the
degenerate races.”
• “Marijuana is an addictive drug which produces in its users
insanity, criminality, and death.”
• “Reefer makes darkies think they’re as good as white men.”
 Major Federal Commission
Recommended
• Decriminalization
National Commission on Marijuana and Drug Abuse in 1972
– Two years of research, thousands of pages of transcripts, nationwide survey, 50
local research projects
– Headed by Raymond Schafer, Republican governor of Pennsylvania
– “The fact should be emphasized that the overwhelming majority of marijuana users
do not progress to other drugs.”
– “No substantial evidence existed of a causal connection between the use of
marijuana and aggressive acts…marijuana was usually found to inhibit the
expression of aggressive impulses.”
– Recommended decriminalization of use and non-profit transfer.
• President Nixon buried the report
– "You see, homosexuality, dope, immorality in general. These are the enemies of
strong societies. That's why the Communists and the left-wingers are pushing the
stuff, they're trying to destroy us.“
– President Richard Nixon, oval office tapes, 1971
 People Across the Whole State
are Arrested for Marijuana
Possession
Minorities Arrested Disproportionately
• 1,750 arrests per year spanning entire state 1

– Per capita arrest rate actually 3 times higher in

Narragansett than Providence.
– Twice as high in Warwick and Bristol than Providence
• Black and Hispanic people are arrested for
marijuana possession 1.6 times as frequently as
whites

1-Rhode Island State Police Annual Uniform Crime Report, 2004

 Incarceration:
It's Not the Marijuana, It’s the Person

• Urban Residents and People of Color Sent

to Prison At Far Greater Rates 1

• Of the people arrested

– People from Providence are incarcerated 20
times more frequently than people of
Narragansett
– People of color are incarcerated 8 times more
frequently than whites
1-Rhode Island State Police Annual Uniform Crime Report, 2004. OpenDoors
analysis of 2004 DOC data.
 In 2008, 188 sentences to prison
per year, taking up 67 beds
Sentences Probation/Parole New Conviction Sentences Time Served Beds
None Marijuana 25 129 9
Any Charge Marijuana 130 128 45
Marijuana None 24 85 6
Marijuana Nonviolent Misdemeanor 9 57 1
188 61

Commitments -- -- Commitments Time Served Beds

396 5.8 6

Total Beds 67
 In 2008, Number of Beds
Varied from 57 to 85
90

80

70

60

50 Sentences
Inmates

Commitments
40 Total

30

20

10

0
Jan Feb March Apr May June Jul Aug Sept Oct Nov Dec
No Evidence that Incarceration
Increases Public Safety
Incarceration Is Used Primarily for People
Not Associated with Violent Crime
• 82% of those incarcerated in 2008 had no
violent felonies
– 50% had no non-drug felonies and no
property/violent misdemeanors
• Only 6.7% are reconvicted of a violent crime in
the year following release
– Only 2.5% convicted of a violent felony
– Only 15% convicted of violent crime in three years
after release
 Estimating Fiscal Costs
• Correctional Costs: 57-85 prison beds
– $33,000 x 67=2.2 million
– 67 beds=$284,000 per diem costs
– Closing one module in Minimum Security could add $331,000 staff savings
• Arrest and Adjudication: Approximately 1,750 arrests
– $218,750 at $125/arrest
– 6,475 annual marijuana related court appearances out of approximately
30,000 total annual appearances for a single court, or 20% of a full court.
• Each case requires an average of 3.7 court appearances.
• 120 daily appearances in a single court (estimated based on court room 9 in
Providence Superior Court).
 Human Costs of Marijuana
Criminalization
• John: While on probation for marijuana possession (less than one ounce), he tested
positive for marijuana during a drug screening. He was incarcerated for 8 months
and lost his recently acquired job at an insurance company. John is a father of three.

• David: David was arrested for possessing 1/8 an ounce and incarcerated without bail
for 28 days. He was on probation for a charge from 1993. He had been working at
Wal-mart since 1999, and was currently an assistant store manager earning over
$50,000. David was fired without compensation.

• Chris: Chris had a medical marijuana license when he was arrested for possession of
marijuana. He uses marijuana in place of Oxycontin to control his chronic pain from
falling off a roof while working as a roofer. After hiring a lawyer for $3,000 , he
pled no contest to the charges. He was eventually incarcerated for five days for
failing to appear for a court fee payment date.