The debate in Rhode Island about medical-marijuana continues, with the United States Attorney having recently threatened prosecution of at least some providers. However, it would be terribly wrong to get the impression that users of marijuana are not prosecuted in this state. True they are almost never prosecuted by the federal government, but state prosecutions for the simple possession of marijuana continue unabated.
Sometimes the effect of these prosecutions is downplayed. The simple possession of marijuana for a first time offender rarely results in a prison sentence, but the consequences remain significant and sometimes devastating for the charged person. An individual who admits to the possession of marijuana in a court proceeding becomes in the eyes of many a convicted drug offender, even if the state disposition may provide a mechanism to expunge or seal the record. There are often employment consequences, immigration consequences, and educational consequences. An adjudication for simple possession of marijuana, if transported or used in a vehicle, may result in a loss of a person's driver's license for 6 months. See R.I.G. L. 21-28-4.01. A second time possession of marijuana is defined as a felony, though sometimes is not charged that way.
The use of marijuana is widespread, with the Office of National Drug Control Policy citing to a survey that estimated that in 2009, "...16.7 million people age 12 or older were current marijuana users, meaning they used the drug during the month prior to taking the survey...." See Fact Sheet, Office of National Drug Control Policy, Executive Office of the President. www.whitehousedrugpolicy.gov/publications/pdf/nsduh.pdf Obviously, the laws against possession of marijuana have little legitimacy in large segments of the population. This view is enhanced by the fact that some places, like Massachusetts, have decriminalized possession of small amounts of marijuana.
One can easily debate the benefits and harms from the use of marijuana. One size may not fit all and the answer may and likely does depend upon a number of factors, including the amount used, the health of the user, and the age of the user. The debate, however, ought to be a debate in the context of health, not criminal law.
It is time for Rhode Island to legalize marijuana and stop labeling people who use marijuana as drug offenders. Charging people with the possession of marijuana labels them as criminals and drug defendants. It needlessly hurts the people who are charged and accomplishes little. It costs the state and local law enforcement time to prosecute these cases, it costs the Courts time to handle these cases, and it costs the individuals time and money, for court costs, for attorneys, for missing work, and for lost job opportunities. There are far better uses of time and money. Charging people with possession of marijuana does not appear to be stifling the use of marijuana.
I leave for another day the debate about whether not only the possession of marijuana, but also the sale and distribution of marijuana ought to be legalized, with the state taxing the proceeds. That level of legalization, to be effective, probably has to take place on a national level, but obviously I think it makes sense to simply take marijuana out of the realm of the criminal justice system.