Study shows Cannabis Legalization reduces arrests more than decriminalization
Both legalization and decriminalization of cannabis have a significant impact on cannabis arrests. However, while legalization reduces the arrest rate more than decriminalization, the latter may have additional benefits than legalization, according to a new study published by the American Medical Association.
Researchers from the University of California San Diego published a study in the Journal of American Medical earlier this month about the impact of both adult-use legalization and decriminalization on cannabis arrests for personal use.
The findings show that adult-use legalization was associated with a significant reduction in cannabis possession arrests among adults in legal cannabis states that had already decriminalized cannabis before legalization.
However, the decrease in arrests was significantly higher in states that have shifted from criminalization to legalization without passing through decriminalization.
The study analyzed the data on cannabis possession arrests provided by the FBI’s Uniform Crime Reporting Program (UCRP) in a time range between 2010 and 2019 in 31 U.S. states, including nine states that implemented legalization during the study period.
Of the nine states, five legalized cannabis after decriminalization, and four legalized it without prior decriminalization.
While legalization was associated with a decrease of about 40% in adult arrest rate in the five states that had already decriminalized cannabis, arrests decreased by about 76.3% in the four states that had not decriminalized cannabis before legalization.
Such results suggest that legalization without prior decriminalization significantly affected the decrease in cannabis arrest rate than legalization enacted after decriminalization. However, as researchers noted, legalization “may be associated with a further reduction in adult arrest rates even after a state decriminalizes cannabis.”
The decrease in arrests for cannabis possession among Black and White individuals after legalization also confirms this trend.
While both Black and White individuals have similar rates of cannabis use, Black individuals are three to four times more likely to be arrested for cannabis possession than White individuals.
According to the findings, states that had not decriminalized cannabis before legalization had a decline in arrest rate by about 77.9% among Black adults and about 74.6% among White adults. However, states that had already decriminalized cannabis before legalization had a decrease in arrest rate among Black adults by about 35% and 41.1% among White adults.
“Our results suggest that adult-use cannabis legalization might not provide additional benefits in terms of reducing racial disparities compared with decriminalization. Nonetheless, we should note that the decrease in cannabis possession arrests after RCL was substantial for both Black and White adults, demonstrating an overall change in law enforcement behaviors,” the study reads.
While the authors acknowledge that both legalization and criminalization have the potential to reduce cannabis possessions arrests, the study argues that a reduction in arrests for possession can be achieved more effectively through decriminalization as the difference between the decrease in arrests in a legalization legal framework is not significantly higher than in a situation where a state has only decriminalized possession of cannabis.
“To reduce the number of cannabis possession arrests, civil liberties advocates have voiced support for RCL [recreational cannabis legalization]. In theory, however, a reduction in cannabis possession arrests can be achieved by decriminalizing cannabis, which changes the penalties associated with a small amount of cannabis possession from criminal to civil infractions,” the study reads.
According to the authors, decriminalization also has a more significant impact on the decrease in cannabis arrests among young people than legalization, as it has minimal effects on the arrests of youth as regulation of adult-use cannabis takes into consideration only adults.
“If youth arrest is more concerning because of the prolonged, adverse health and socioeconomic consequences from adolescence to adulthood, cannabis decriminalization may be a preferred strategy because it removes criminal penalties not only for adults but also youths and also reduces arrests in both age groups,” the study reads.
The authors argue that legalization might not provide additional benefits in terms of reducing racial disparities compared with decriminalization, but, at the same time, the study acknowledges that the choice between legalization and decriminalization takes into consideration multiple factors.
“The choice of RCL and decriminalization approaches should be made with a holistic evaluation of all benefits and costs. The effect on the criminal justice system is a major consideration but should not be the only one. Other considerations could include effects on public health, the economy, and society. Policy makers are encouraged to adopt a strategy only when the total benefits outweigh the total costs,” the study reads.
Although the study compares legalization and decriminalization purely from the decrease in cannabis arrests perspective, it has several limitations as the information taken from the FBI’s UCRP is med on a voluntary basis, and, further, some data may not be accurate.
