Legalization of Marijuana in the Commonwealth of Virginia

Introduction

The legalization of cannabis, or marijuana, has been fiercely debated in the United States of America for decades. Other countries, such as Canada and India, have had the same issue. In 2021, the Commonwealth of Virginia passed the law in the general assembly, permitting the legalization of marijuana through the Cannabis Control Act (General Assembly of Virginia, House Bill No. 2312 31). The act provides regulations regarding the medicinal and recreational use of marijuana. It should be noted that the use of marijuana is legalized in other states, including Colorado and Washington. This paper focuses on the marijuana legalization in the Commonwealth of Virginia compared to the states of Colorado and Washington and the advantages and disadvantages associated with its legalization.

Legalization of Marijuana in Virginia: Colorado and Washington Comparison

Legalization does not translate into the unrestricted use of marijuana. Various regulations have been introduced to control marijuana use. First, in Virginia, marijuana can only be used by an individual 21 years and above, with the quantity used not exceeding an ounce for recreational purposes (General Assembly of Virginia, House Bill No. 2312 55). Second, it can only be used in private residences, and the owner of the premises has the right to restrict its usage (“Cannabis in Virginia”). Third, private citizens can grow marijuana for personal use, with the number of plants limited to a maximum of four per household (“Cannabis in Virginia”). Furthermore, in the state of Virginia, individuals are allowed to share marijuana if they are 21 years or older and do not receive compensation for it. In addition, the weight of the amount of marijuana shared should not exceed the legally allowed quantity of one ounce. However, marijuana gifts are permissible when advertising or giving out offers (“Cannabis in Virginia”). It can be given out through other transactions, such as selling other goods or services.

Taking into consideration the allowances made for the recreational use of cannabis in Virginia, the illegalization of marijuana is based on the following regulations. First, individuals under the age of 21 are prohibited from procuring, possessing, and consuming marijuana recreationally (“Cannabis in Virginia”). Second, possession of more than one ounce of marijuana is illegal and is subject to a civil penalty of up to $25 (“Cannabis in Virginia”). Meanwhile, possession of more than one pound of marijuana is considered a felony. Third, selling and distribution of marijuana is illegal as it is only permissible for the businesses that have been allowed by the federal government. Fourth, it is illegal to drive under the influence of marijuana or be a passenger in a motor vehicle driven under the influence (“Cannabis in Virginia”). Furthermore, marijuana use and possession are prohibited on school grounds and any public places.

Marijuana Use Regulations in the State of Washington

Meanwhile, regulations regarding the sale, purchasing, and recreational use of marijuana in Wahington and Colorado somewhat differ from those installed in the Commonwealth of Virginia. In Washington, adults aged 21 and over can purchase, possess, and use marijuana recreationally, with only state-authorized shops permitted to sell it (Washington State Liquor and Cannabis Board). Similar to the state of Virginia, it is illegal to operate a motor vehicle under the influence of marijuana or consume it in the view of the public (Washington State Liquor and Cannabis Board). It is unclear whether the consumption of marijuana in public places but not in the public’s view is considered legal. In addition, the Liquor and Cannabis Board of the state provides comprehensive guidelines on the amount of marijuana allowed for personal use. Thus, adults aged 21 and over can purchase up to one ounce of harvested marijuana, 16 ounces of solid and 72 ounces of liquid edible items infused with marijuana, and up to 7 grams of marijuana concentrates (Washington State Liquor and Cannabis Board). Furthermore, Washington regulations prohibit travel outside the state while in possession of marijuana.

Marijuana Use Regulations in the State of Colorado

Upon legalization of marijuana, Colorado implemented similar regulations regarding recreational use, possession, purchase, and sale of cannabis. Colorado regulations regarding possession and purchase of marijuana differ from those of Virginia and Washington. Thus, in Colorado, persons aged 21 and over are allowed to purchase up to one ounce of marijuana at a time (Colorado Cannabis). Purchase and possession of a larger quantity of marijuana are prohibited and can result in legal penalties. Individuals are also allowed to grow marijuana at home with a maximum of six plants per adult resident and three flowering plants at any given time (Colorado Cannabis). In Denver, home grow is limited to 12 plants regardless of the number of adult residents (Colorado Cannabis). Failure to comply with home grow marijuana regulations is subject to legal action.

Marijuana consumption is limited to private residences and hotels unless explicitly banned by the residence or hotel owner. Thus, the use of cannabis in public places and on federal land, such as national parks, is prohibited. The state of Colorado allows driving after marijuana consumption, providing the level of delta-9 tetrahydrocannabinol (THC) per milliliter of blood is under five nanograms (Colorado Cannabis). Higher levels of THC in the blood can result in prosecution for driving under the influence. Furthermore, individuals living in Colorado or visiting the state are prohibited from traveling outside the state or entering state airports while in possession of cannabis (Colorado Cannabis). It should be noted that employers in Colorado are free to carry out drug tests on employees.

Advantages of Marijuana Legalization in the Commonwealth of Virginia

Economic Benefits

The legalization of marijuana in the Commonwealth of Virginia helps boost the economy of the state. The cannabis industry has the potential to have a substantial impact on the economy of the state as it presents numerous new revenue streams. In 2020, the legal sales of marijuana in the United States reached approximately $19 billion, a nearly 90% increase from $10.8 billion earned in 2018 (Kavousi et al. 146). The legalization of marijuana can benefit various industries, including tourism, banking, transportation, food, and real estate. In particular, the tourism industry is profiting from cannabis legalization in states such as Colorado, Illinois, and Washington. For example, non-residents account for 10% of all Colorado marijuana sales and 30% of its overall sales in Illinois (Kavousi et al. 148). The influx of out-of-state marijuana consumers translates into additional profits for various establishments in the hospitality industry, including hotels, restaurants, and transportation. Moreover, the government can profit from legalization through excise and sales taxes as well as from the taxation of additional local sales, property, and special taxes (Kavousi et al. 146). Overall, legalization is associated with enhanced economic activity and government revenue.

Furthermore, cannabis legalization is positively correlated with expanding local businesses and creating new workplaces. In order to cater to the increased demand for high-quality marijuana that stems from legalization, the agricultural sector of the state needs to grow (Kavousi et al. 147). The growth in the sector as well as in related fields, such as packaging and security services, leads to the creation of new workplaces in the state where the use of cannabis is legal. Cannabis farms and marijuana-related businesses can offer employment opportunities for thousands of people, positively impacting the unemployment rates in the state. In 2019, the legal marijuana market in the United States employed approximately 150,000 people, an estimated 68% increase in the number of persons in the industry in 2018 (Kavousi et al. 148). Thus, the cannabis industry can offer a variety of employment and business opportunities to the residents of the Commonwealth of Virginia.

The legalization of the sale, purchase, and possession of marijuana can also decrease the criminal justice expenditures of the government. Legalization and decriminalization of marijuana translate into most cases of marijuana farming, possession, sale, and purchase being legal and, therefore, requiring no legal involvement from the law enforcement agencies. In addition, judicial, legal, and corrections expenditures are likely to decrease due to fewer marijuana-related cases being prosecuted and fewer people being incarcerated. Nationally, it is estimated that the legalization of cannabis can save up to $14 billion in law enforcement costs (Kavousi et al. 147). It should be noted that these costs were traditionally borne by state and local governments and the law enforcement agencies involved in each case. Thus, the legalization of marijuana can result in fewer resources being spent within the criminal justice system.

Beneficial Effects on Crime

Legalization and decriminalization of marijuana for recreational use can translate into decreased crime rates. Specifically, as legal businesses are presented with opportunities to sell marijuana, the black market for cannabis diminishes. Legal dispensaries can consistently provide users with high-quality, safe products resulting in the demand for the untested, unsafe product created illegally declining. Marijuana-related organized crime activity and street crime also tend to decrease with legalization. Thus, the presence of legal cannabis dispensaries is positively correlated with reduced crime rates in the communities where they are located (Brinkman and Mok-Lamme 41). In addition, the legalization of recreational cannabis use, sale, purchase, and home grows of marijuana leads to decreases in illegal growing on the territory of national forests (Prestemon et al. 11). Overall, it can be argued that the legalization of marijuana results in reduced criminal activity. However, it should be noted that the correlation between marijuana legalization and other crimes is less prominent.

Benefits for Consumers

The legalization of recreational and medical cannabis use has highly beneficial effects for consumers. The legitimatization of marijuana allows the government to enforce mandatory laboratory testing and establish regulations to ensure that the plants, edibles, and marijuana concentrates sold for public consumption are safe and free of toxins. Meanwhile, the criminalization of cannabis hinders inspection of marijuana and marijuana farms and plantations for purity and potency, leading to the potential consumption of harmful components (Todd 112). Furthermore, free access to marijuana for recreational use is believed to positively affect the prevention of opioid overdoses. Legalization is associated with a decrease in the number of deaths caused by opioid overdose as well as untreated opioid use disorder (Todd 118). Research indicates that overdose rates in states with access to medical marijuana are nearly 25% lower than in states with no access to cannabis (Todd 188). Therefore, legal access to marijuana for recreational use can reduce overdoses and overdose-related deaths as consumers are more likely to opt for legally available cannabis and are not driven to make potentially more harmful choices. Overall, legalization has a plethora of advantages for potential consumers.

Benefits for Disadvantaged Communities

Legalization can also benefit disadvantaged communities that were disproportionately affected by marijuana criminalization. Racial discrimination is central to the enforcement of marijuana laws, with African American individuals being more often arrested, fined, and prosecuted than white Americans despite similar rates of recreational use (Todd 105). Specifically, compared to other ethnicities in the United States, African Americans are five times more likely to be detained for a marijuana felony (Todd 105). Such a criminal record can substantially disrupt an individual’s life and impact their ability to secure jobs, financial loans, and aid. Therefore, reduced marijuana use-related arrests due to legalization can positively impact individuals within the disadvantaged communities and those communities as a whole by ensuring access to opportunities is not hindered.

Disadvantages of Marijuana Legalization in the Commonwealth of Virginia

Drawbacks for Consumer Health

Nevertheless, the legalization of marijuana is also associated with significant drawbacks, including its adverse impact on the health of the consumers, criminal activity, and the environment. It should be noted that although it is not as harmful as other substances, marijuana severely impacts the health of individuals using or exposed to it. In particular, the rate of THC among pregnant and breastfeeding women in states where marijuana has been legalized shows a significant increase. This affects the development of unborn children and creates complications for infants. In pediatric care, there has been a considerable increase in unintentional marijuana exposure due to marijuana legalization. In Colorado, pediatric exposure to cannabis-based products rose from 4.3% to 6.4% (Diebold 393). Research suggests that states that allow the use of marijuana for medical purposes have a significant number of pediatric emergency department visits and visits to regional poison centers for accidental pediatric marijuana exposure (Diebold 391). Therefore, the legalization of recreational cannabis poses a threat to pregnant women, infants, and children being exposed to marijuana at home and their health being affected.

Crime Rates-Related Drawbacks

Furthermore, the legalization of marijuana has a considerable adverse impact on crime rates. According to Furton, legalization is positively correlated with the increase in crime rates, especially among adults (8). This tendency is attributed to governmental interference in the drug market, resulting in the cannabis drug dealers shifting their attention to other types of illegal activities. Thus, many criminal gangs tend to look for a replacement for lost revenue, often leading to violence relating to their entry into the new market and gang rivalry. It should be noted that legalization is not associated with a decrease in the sale of other illicit substances (Brinkman and Mok-Lamme 5). However, the increased crime rate is promoted by the effect of marijuana since it is associated with criminal behavior. Since the legalization of marijuana in Colorado, crime rates in the states have risen, with an 8.3% upsurge in property crimes and a stark 18.6% increase in violent crimes (Sabet 90). Thus, the legal use of cannabis for recreational purposes is directly correlated with an increase

In addition, legalization can lead to increased incidents of selling marijuana to minors. Specifically, licensed businesses tend to sell marijuana products to teenagers, not abiding by the legal requirements established by the government (Sabet 92). In addition, teenagers can gain access to marijuana sold in licensed dispensaries through adults, whom they can solicit for drugs. Legalization can also contribute to the increased rate of consumption in teenagers. For example, since the endorsement of legal cannabis use in Colorado, marijuana-related incidents on school grounds have shown a 23% increase (Sabet 91). Thus, the legitimization of recreational marijuana use results in increased use in teenagers and a rise in crime rates pertaining to underage drug use.

Environment-Related Drawbacks

As the legalization of marijuana requires cannabis farms and plantations to supply the demand of licensed dispensaries, their effect on the environment should be assessed. According to How and Gamal El-Din, legalization leads to an increase of cannabinoids, including THC, in the water supply (1). Additionally, the legal cultivation of cannabis leads to the release of THC into the environment through agricultural and industrial wastes (How and Gamal El-Din 2). Furthermore, it can be argued that marijuana plantations and homegrown plants require the use of additional resources such as water, electricity, lighting, heating, and ventilation, resulting in an increased amount of greenhouse gas emissions. Therefore, the legalization of marijuana use for recreational purposes is detrimental to the environment.

Final Opinion

Although the legalization of marijuana for recreational purposes is associated with certain disadvantages, its use should be legalized and supported by local and state governments. Marijuana is a drug, but it is considerably safer and less addictive than other legal substances such as alcohol and tobacco (Todd 109). Adults should be able to choose whether to engage in recreational marijuana use or not, without their opportunities in life being affected by that choice. Legalization can also create workplaces, while Delegate Charniele Herring mentions that the licensing process should be established to ensure that cannabis products are safe for consumption (General Assembly of Virginia. House Bill No. 430). In addition to that, more job opportunities in the legal marijuana business can benefit communities that were previously discriminated against due to criminalization. Meanwhile, the disadvantages of legalization can be addressed, and additional policies can be implemented to mitigate them. Overall, marijuana and various products containing it should be legalized to allow recreational use for legal adults.

Conclusion

In summary, the legalization of marijuana has been a focus of ongoing debate in the United States and other countries for decades. Currently, several states, including Colorado, Washington, and the Commonwealth of Virginia, permit recreational use of the drug. These states have installed similar guidelines and restrictions concerning marijuana use that allow adults aged 21 and over to purchase marijuana, grow cannabis plants, and consume marijuana products in private residences. Legalization is characterized by meaningful benefits for the economy of the states, consumer safety, crime rates, and disadvantaged communities. Nevertheless, the negative impact of legalization on the environment, the health of consumers, and certain crimes, particularly those concerning teenage use of marijuana, should be acknowledged and addressed. Overall, the advantages of marijuana legalization outweigh the disadvantages, meaning that this substance should be legalized.

Works Cited

Brinkman, Jeffrey, and David Mok-Lamme. “Not in My Backyard? Not So Fast. The Effect of Marijuana Legalization on Neighborhood Crime.” Regional Science and Urban Economics, vol. 78, 2019, pp. 1-44.

“Cannabis in Virginia.” Cannabis.Virginia.gov, 2021.

Colorado Cannabis. “Laws about Marijuana Use.” Colorado Official State Web Portal, 2021.

Diebold, Stephanie. “Unintentional Pediatric Exposures to Marijuana in Colorado, 2009-2015.” The Journal of Emergency Medicine, vol. 52, no. 3, 2017, pp. 390-396, doi:10.1016/j.jemermed.2017.01.034.

Furton, Glenn. “High Crimes? The Effect of Marijuana Legalization on Crime in Colorado.” SSRN Electronic Journal, 2018, pp. 1-68, doi:10.2139/ssrn.3271993.

General Assembly of Virginia. House Bill No. 2312. General Assembly of Virginia, 2021.

—. House Bill No. 430. General Assembly of Virginia, 2022.

How, Zuo T., and Mohamed Gamal El-Din. “A Critical Review on the Detection, Occurrence, Fate, Toxicity, and Removal of Cannabinoids in the Water System and the Environment.” Environmental Pollution, vol. 268, 2021, pp. 1-16, doi:10.1016/j.envpol.2020.115642.

Kavousi, Parisa, et al. “What do We Know about Opportunities and Challenges for Localities from Cannabis legalization?” Review of Policy Research, vol. 39, no. 2, 2021, pp. 143-169.

Prestemon, Jeffrey P., et al. “Cannabis Legalization by States Reduces Illegal Growing on US National Forests.” Ecological Economics, vol. 164, 2019, pp. 1-13, doi:10.1016/j.ecolecon.2019.106366.

Sabet, Kevin. “Marijuana and Legalization Impacts.” Berkeley Journal of Criminal Law, vol. 23, no. 1, 2018, pp. 84-98, doi:10.15779/Z381V5BD5S.

Todd, Tamar. “The Benefits of Marijuana Legalization and Regulation.” Berkeley Journal of Criminal Law, vol. 23, no. 1, 2018, pp. 99-119, doi:10.15779/Z38NK3652D.

Washington State Liquor and Cannabis Board. “Know the Law.” Washington State Liquor and Cannabis Board, 2021. Web.

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