Panel discusses local marijuana decriminalization

To discuss the consequences of the recent decriminalization of marijuana in Maryland, the Johns Hopkins Urban Health Institute (UHI) sponsored a panel Tuesday afternoon in the Marjorie Fisher Auditorium in Gilman Hall.

Senate Bill 364, which went into effect on Oct. 1, removed criminal penalties for the possession of marijuana. The act defines the use or possession of less than 10 grams of marijuana as a civil offense punishable by a $100 fine for the first offense, a $250 fine for the second offense and a fine of up to $500 for further offenses.

The panel was facilitated by Eric Rice, associate director of UHI and assistant professor at the Hopkins School of Education.

Before the discussion began, attendees watched a video titled “Side Effects: The Misguided War on Marijuana,” which was produced by the American Civil Liberties Union (ACLU) of Maryland in conjunction with New Lens Productions. The video detailed the struggles of Maryland residents who have encountered racial disparities in the application of drug laws.

The video and much of the discussion that followed focused on the concept that many people have been unable to find jobs because of drug legislation prior to Senate Bill 364. Profiling and racial discrimination by law enforcement officers in drug-related incidents also permeated the conversation.

Following the video, the panelists were introduced and asked the question, “Where are we now, and where do we go from here?”

Rachelle Yeung, a legislative analyst for the Marijuana Policy Project, the largest national organization working towards marijuana reform policy, proposed that marijuana be treated and monitored like alcohol. Yeung also founded the Colorado chapter of Students for Sensible Drug Policy.

“Marijuana has been proven time and time again through studies that it is less addictive than alcohol, it is less toxic and it’s not connected to aggressive behavior and other kinds of violent crime like alcohol is; we’re not trying to demonize the use of alcohol, but we just think that adults over the age of 21 should be able to make the choice between those two,” Yeung said.

Ryan Vandrey, an associate professor of psychiatry and behavioral sciences at the Hopkins School of Medicine, said that although marijuana and other drugs can be harmful for some individuals, others can benefit from using the drug. Vandrey’s work specializes in the human behavioral pharmacology of abused drugs, specifically concentrating on marijuana and tobacco.

“I think that there is very clear scientific research that shows that marijuana is neither a demon drug nor a medical panacea; there are good effects and bad effects of it,” Vandrey said. “When you look at drug use in general — and this goes for cocaine, heroin, tobacco and alcohol — the majority of the people who use any of these drugs are able to do so fairly responsibly and don’t suffer many serious health consequences... I think the root of drug policy in our country is stemmed in the fact that some people can’t use things responsibly and cause problems, and there is also that other line tied to racism and prejudice.”

Maj. Garland Nixon, a retired police officer and board member of the ACLU of Maryland, spoke in support of the decriminalization and legalization of marijuana.

“In the real world, there are people whose lives are greatly impacted by this every day,” Nixon said. “Maybe people here at Johns Hopkins may not know or may not have any relationship with this. People who were looking at legalization in an abstract way — just looking at the law and looking at it legally — need to know that out there in the real world, there are people who can be productive members of our society who aren’t.”

Nixon, who admitted that he used marijuana recreationally in high school, said that marijuana-related arrests have significantly impacted the lives of many people who are otherwise law-abiding.

“I have a decent education, became a police officer, was on national TV and when I was in high school, I smoked weed,” Nixon said. “Had I been arrested, none of those things would have happened... We have to ask ourselves, ‘Would our society be better off if we made decisions that gave people open opportunities and didn’t slam the door to entire generations?’”

Maj. Neill Franklin, a former Maryland state trooper and the executive director of Law Enforcement Against Prohibition (LEAP), said that drug policies are often more harmful than the drugs themselves. LEAP is a nonprofit organization comprised of criminal justice professionals that strive to replace drug prohibition with a regulatory system that would shift power from drug lords and cartels and into the hands of law enforcement agencies.

“We all use drugs, and as it’s been said, most of us do it responsibly,” Franklin said. “So the problem with the policy is that it’s far more damaging to society than drug abuse ever will be.”

Vandrey, along with several audience members, were skeptical of the potential implementation of legalization laws, pointing out several factors that must be considered prior to taking any legal action.

“It needs to be done carefully and done right to be effective and successful,” Vandrey said. “You have to be concerned with what’s going to happen if you’re caught extremely intoxicated driving a car. How do you assess that, and what is the punishment for that? How do you look at rights to education?”

Vandrey said that issues to be resolved before marijuana is legalized include dealing with people who have already been convicted for marijuana possession and how to prevent marijuana advertising to youth.

“There are a lot of things that need to be carefully thought about and considered before we can just move forward and say, ‘It’s not as bad as alcohol, let’s go for it,’” Vandrey said. “I think the law has to be very carefully considered, and it’s very, very important not to minimize the potential harm that could come from the legalization of marijuana.”

Yeung agreed, citing high citation rates in the state of Washington and racial discrepancies among these numbers.

“Of course, our work is not over once it’s legalized,” Yeung said. “We do have to implement that new law, and because it’s such a 180-degree turn from what we’re used to, it is going to take some time.”

The panelists all agreed, however, that being able to regulate marijuana would undoubtedly decrease drug-related violence. Further, legalizing the drug would give the government the opportunity to put regulations on it, running lab tests to control tetrahydrocannabinol (THC) levels and restricting the advertisement and distribution of the drug.

“Instead of turning a blind eye, we are putting a closer eye on how this product is sold,” Yeung said.

Nixon explained his reasoning for his support of legalization by drawing on his experience in the police force.

“If you think that we’re using these drugs today and that we’ll be using these drugs tomorrow, you’re right,” Nixon said. “If you think that the cartels and the neighborhood crews are doing a bang-up job in how they recruit our kids [and] how they use violence and coercion and intimidation... let it continue. But... we, as citizens and business owners who value a license hanging on a wall, can do a better job at managing it.”

Yeung shared Nixon’s displeasure with allowing criminals to control the drug market.

“Now that the user side has been dealt with, what we need to look toward next is where this supply is coming from,” Yeung said. “That’s why taxing and regulating for us is so important, because currently the entire market is still controlled by criminals who are not going to be held accountable. They’re not going to be asking minors for IDs, so we think that licensed, accountable businesses are really the way to go.”

Vandrey said that despite all of the evidence in support of loosening restrictions on the drug’s sale and use, the ultimate consequences of decriminalizing marijuana remain to be seen.

“By and large, the consequences of being arrested and having a record are really driven by social acceptance,” Vandrey said. “We have to make progress as a society and change views as a society before these laws can really have the impact that they’re going to have.”

Maryland is one of nine states that have decriminalized marijuana and one of 18 states that have legalized medical marijuana. Four states and the District of Columbia have legalized marijuana for recreational use.