Marijuana Legalization: Premature Celebration?

By Gabriel Maliha
Gabriel Maliha is a junior at the University of Pennsylvania studying criminology.
In 2014, a little less than 2 years after Colorado legalized the recreational use of Marijuana, the Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA), an arm of the National Office of Drug Control Policy, released its report on the impact of Marijuana legalization in Colorado. [1] It is based on information obtained from dozens of law enforcement, healthcare and other agencies. [2] Throughout this extensive report, some key statistics jump out. For example, compared to 2013 figures,, the 2014 RMHIDTA report states a 32 percent increase in marijuana-related traffic deaths, a 45 percent increase in driving under the influence (DUI) with positive THC (the chemical that gives marijuana its high) results, a 29 percent increase in marijuana-related emergency room visits, 38 percent increase in hospitalizations, and 72 percent increase in marijuana-related exposures. Other remarkable results include a 40 percent increase in school expulsions from school years 2008-2009 to 2013-2014, 30 injuries related to explosions in THC extraction labs in 2014 alone and a 12 percent increase in crime in Denver between 2012 and 2014. Further, there was a massive increase in interdiction of Colorado marijuana destined for other states and foreign countries using all routes including the U.S. postal service.
In many ways, Colorado is the proverbial “canary in the coal mine” of the marijuana legalization effort. It was the first state to legalize adult recreational marijuana use, it had legalized “medical” use since 2000, and it imposes only a sales tax on marijuana while many other jurisdictions tax the substance at all levels. Advocates of legalization contended that it would eliminate the black market, relieve prison overcrowding by minimizing arrests for sale and possession, and generate tax revenue for the state. Through September 2015, the state raised $63.4 million in taxes of which it spent $22 million on law enforcement (training officers to recognize impaired drivers and other functions), $29.9 million on schools (educating students about marijuana, additional school health nurses) and $6.6 million on local government [3].

Opponents of legalization point out that the bulk of the tax proceeds from marijuana in Colorado have gone towards dealing with issues directly related to legalization. While arrests for marijuana possession and sales have plummeted, related DUI arrests and crime generally have increased. Also, the state experienced a major influx of homeless population attracted to legal marijuana. Further, the spike in deaths, injuries, emergency room visits and hospitalizations related to marijuana added significant indirect health care and human costs. But perhaps, the most alarming issue raised by critics is increased use by school age children with all attendant social and educational consequences. In addition, other states where marijuana is not legal have experienced a spike in law enforcement expenditures and efforts to interdict diverted Colorado marijuana. Nebraska and Oklahoma have filed suits against the state, claiming, “marijuana commerce violates federal law and increases the burden of law enforcement in other states.” [4]
Proponents of legalization dispute RMHIDTA’s conclusions. They point out that “Marijuana-related” does not necessarily imply a cause-effect. It simply suggests that persons tested positive at the time of the event. And THC stays in the system for at least five days after total abstinence, long after the intoxicating effect has dissipated [5]. Further, the DUI Marijuana intoxication level adopted by the state, five Nanograms per milliliter of blood, is totally arbitrary and is not based on any studies. [6] Also, marijuana businesses and related suppliers have created thousands of jobs in Colorado and are contributing to the economy and tax base outside the direct sales tax receipts.
But beyond the political arguments on both sides, the legalization of marijuana in Colorado and other states has created many complications. As it remains an illegal substance at the federal level, it is very difficult to conduct studies on its health, safety and environmental effects. Most health insurers continue to decline coverage to recreational users. Some offer coverage to “medical” users but rate them at least on the same level as cigarette smokers as “cannabis contains carcinogens---and may be associated with oral---and lung cancers.” [7] Most life insurance providers continue to decline users or rate them as higher risk. Most property insurance providers have denied successfully claims of loss, damage or theft involving residential marijuana plants and supplies as riders exclude contraband. Marijuana businesses are still cash businesses unable to use banking because of federal law and that hinders efficiency and forces substantial investments in security for those businesses [8]. Several plants and growing facilities had to be quarantined in Denver for misuse of pesticides as “no commercial pesticides are labeled for legal use.” [9] And Colorado farmers are alarmed over potential spread of pests, molds and fungi from marijuana grown in proximity to established crops [10].
Despite marijuana still being illegal under federal law, all indications support the claim that marijuana legalization is here to stay. Most polls suggest at least half of American adults support legalization. The justice department has indicated that it will not enforce federal law in states that have legalized the substance. Most states have legalized medical or recreational use or are on their way to do so. Marijuana is now big business and Wall Street has begun to focus intensely on its potential. National legal sales were at $5.4 billion in 2015 and forecast to be at $6.7 billion in 2016 and projected to grow to $21.8 billion in 2020 [11].
Launching a legal personal consumption product is a complex task for even the most experienced companies. Tobacco was a well-studied legal product for decades and it was labeled with a specific and ominous health warning, yet, it had to settle medical liability claims that nearly bankrupted the industry and it remains the largest settlement in U.S. history. Marijuana is a poorly studied product, illegal under federal law, and labeled by the FDA as having no established safety and no medicinal value. It was launched on the market with variable qualities and concentrations, claims medicinal value, yet may have serious medical, agricultural, occupational and road safety issues. Just ponder!


[1] Rocky Mountain High Intensity Drug Traffic Area. “The Legalization of Marijuana In Colorado: The Impact.” Volume 3. (Sep. 2015). http://www.rmhidta.org
[2] Johnson, Alan. “New report from Colorado shows negative effects of marijuana legalization.” The Columbus Dispatch (Sep. 16, 2015, 12:01 AM).
[3] Ibid.
[4] Haun, Marjorie. “The Unexpected Side Effects of Legalizing Weed.” June 6, 2015.
[5] Belville, Russ. “Kevin Sabet Is Misleading You Again About Marijuana Legalization.” HUFFPOST DENVER (Sep. 24, 2015, 07:13PM).
[6] Noble, Jonathan. “The Cannabis Effect: How Has Legalizing Recreational Marijuana Affected Colorado’s Drivers?” Esurance (Aug. 6, 2015).Web.
[7] Cecil, Adams. “Getting high on insurance: how marijuana impacts life insurance rates.” Policygenius (March 23, 2015). https://www.policygenius.com
[8] Hauser, Christine. “Legal Marijuana Sales Hit $5.4 Billion in 2015, Report Says.” The New York Times (Feb. 4, 2016). http://www.nyti.ms/1L0VBjv.
[9] Haun, Marjorie. “The Unexpected Side Effects of Legalizing Weed.” June 6, 2015.
[10] Ibid.
[11] Hauser, Christine. “Legal Marijuana Sales Hit $5.4 Billion in 2015, Report Says.” The New York Times (Feb. 4, 2016). http://www.nyti.ms/1L0VBjv.




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