The following summarizes Partnership to End Addiction's position on marijuana decriminalization.

Decriminalization is a public health-based approach that removes criminal penalties/sanctions for personal marijuana consumption and use. Under decriminalization, marijuana remains an illegal drug, but possessing small amounts of marijuana (typically 1 ounce or less) for personal consumption is treated as a civil violation, meaning people will not be arrested but may be fined, issued a citation, or receive another penalty. Marijuana trafficking, distribution, and sale remain subject to criminal penalties, as does driving while under the influence of marijuana.

Partnership to End Addiction supports the decriminalization of marijuana because it appropriately addresses marijuana use as a public health concern, rather than a crime. Incarcerating people for using marijuana serves neither the individual’s nor the public’s interest. Having a criminal record for marijuana possession or use is damaging to individuals’ livelihoods and life opportunities, particularly for youth.

Partnership to End Addiction recommends that possession of marijuana for personal use not result in:

• a criminal arrest, record, or incarceration;
• penalties that affect nutrition or other government benefits, housing, child custody, education, or employment opportunities; or
• enhanced sentencing for other crimes (including for probation and parole).

Partnership to End Addiction also recognizes that the enforcement of marijuana laws has disproportionately impacted racial minorities. Racial bias is a serious problem that occurs in the enforcement of many laws, indicating that the solution requires more systemic changes. Although decriminalization alone will not eliminate racial bias in law enforcement, it would reduce racial disparities in arrest rates and incarceration for marijuana possession.

Marijuana laws should aim to deter marijuana use and facilitate treatment when needed. There is not yet sufficient evidence to suggest which consequences or penalties are most effective at deterring use and facilitating treatment. In designing and evaluating the effectiveness of a system of penalties for marijuana possession, states should consider the following recommendations:

• Penalties for marijuana possession should discourage marijuana use and encourage treatment when necessary.
• Multiple violations for marijuana possession or public intoxication may indicate that the individual has a marijuana use disorder and should trigger a health-based intervention. For adolescents in particular, connection to early interventions and, if needed, treatment is important, as addressing substance use problems early can prevent escalation of use, addiction, and other adverse consequences.
• Public use of marijuana should be strongly deterred.

For individuals charged with more serious marijuana-related crimes (e.g., distribution), courts should explore the use of alternative sentencing programs such as drug courts and evaluate their effectiveness in reducing substance use, recidivism, and costs.