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Abstract
Cannabis liberalization is a fascinating case study in moral-legal re-negotiation. From broad international examples of decriminalization to specific local legalization models, numerous criminological questions are emerging. This paper describes three significant challenges for cannabis liberalization. These include persistent inequalities associated with policing cannabis, the invisibility of coercive care and control within diversion, and the hazards associated with illusory policy reform. We present Cannabis Criminology as a multidisciplinary effort to understand the prohibition, decriminalization, legalization, and nascent regulation of cannabis in ways that acknowledge but transcend law-based paradigms. Consistent with criminology's multiple and sometimes contradictory dimensions, we outline five thematic areas that can inform the study of cannabis. These include law, society, and social control, police and policing cannabis, race, ethnicity and intrusion, the economics of cannabis use, and cannabis and criminal behavior. Finally, we conclude that privileging the views of people who use cannabis can provoke more inclusive, participatory, and otherwise imaginative efforts.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Notes
1 See UNCEBC Summary of Deliberations (2019). Available at: https://unsceb.org/sites/default/files/imported_files/CEB-2018-2-SoD.pdf, Retrieved March 30, 2022.
2 See https://www.bbc.com/news/world-latin-america-57645016, Retrieved March 30, 2022. For subsequent policy developments in Mexico see https://www.brookings.edu/blog/order-from-chaos/2021/03/30/mexicos-cannabis-legalization-and-comparisons-with-colombia-lebanon-and-canada/ Retrieved March 30, 2022.
3 In May 2022, Health Minister Karl Lauterbach announced last week that it would start the legal process for cannabis legalization soon. See https://www.forbes.com/sites/dariosabaghi/2022/05/09/germany-speeds-up-the-process-to-legalize-recreational-cannabis/?sh=196a9f31d0d2. Retrieved May 11, 2022.
4 Within the Australian Capital Territory, it is legal to possess up to 50 grams of dried cannabis and 150 grams of wet cannabis. Exceeding these limits incurs a simple cannabis offence in the form of a fine, and not a criminal charge. See https://www.abc.net.au/news/2021-12-05/canberra-cannabis-decriminalised-two-years-on-law-change/100671584#:∼:text=Under%20the%20ACT%20law%2C%20Canberrans,and%20not%20a%20criminal%20charge. Retrieved May 11, 2022.
5 For details on the scheme and examples of the push back see https://www.standard.co.uk/news/london/sadiq-khan-city-hall-pilot-scheme-decriminalises-cannabis-b976273.html. Retrieved March 29, 2022.
6 See https://twitter.com/LBC/status/1483006601850236932?s=20&t=pLnXvctq8lVQn-BS9qJ8pg. Retrieved March 30, 2022.
7 See Drug Crime Stats for England and Wales, available here: https://researchbriefings.files.parliament.uk/documents/CBP-9039/CBP-9039.pdf. Retrieved March 30, 2022.
8 Cannabis is globally the most used psychoactive substance under international control. The UNODC reports cannabis enforcement is undertaken in almost all countries worldwide. In the period 2010–2019, sanctions were reported by 151 countries, covering 97 per cent of the global population. See https://www.unodc.org/res/wdr2021/field/WDR21_Booklet_3.pdf, Retrieved March 30, 2022.
9 For example, between 1969 and 1989, Denmark and Iceland banned cannabis, Nepal cancelled licenses for cannabis shops, and Bangladesh banned sales. In 1992, Lebanon criminalized cannabis possession and use, and Poland criminalized possession in 1997. A recent counterfactual occurred in 2020, where just over 50% of New Zealanders who voted, came out against legalizing cannabis. This was described as a ‘triumph for fear mongering.’ For more, see https://www.theguardian.com/world/2020/nov/09/new-zealands-rejection-of-legalising-cannabis-is-a-triumph-for-fear-mongering. Retrieved March 30, 2022.
10 These developments are not uniform. For example, in Switzerland a referendum to decriminalize cannabis failed in 2008. Although Denmark has recently extended a trial scheme for medical cannabis, punitive polices remain for recreational cannabis. Likewise, many countries in Eastern Europe retain restrictive cannabis policies. For more see https://www.emcdda.europa.eu/publications/topic-overviews/cannabis-policy/html_en. Retrieved March 30, 2022.
11 See https://www.forbes.com/sites/ceciliarodriguez/2021/12/27/germany-moves-to-legalize-cannabis-second-country-after-malta-in-europe/?sh=11b0c06b220b. Retrieved March 30, 2022.
12 Cannabis decriminalization in Spain led to the emergence of Cannabis Social Clubs (CSCs). They are present in Belgium, and legal in Uruguay and Malta. They represent underexplored model which stands in contrast to commercial cannabis (See Pardal, Citation2022). These clubs allow for non-profit associations comprised of adults who use cannabis and others who produce and distribute it. CSCs may operate in Spain providing they meet certain criteria and follow precedents set in case law (Seddon & Floodgate, Citation2020). However, some judicial decisions have introduced uncertainty. In 2015, the Spanish Supreme Court decision that suggested ‘organised, institutionalised and persistent cultivation and distribution of cannabis among an association open to new members is considered drug trafficking.’ See https://www.emcdda.europa.eu/publications/topic-overviews/cannabis-policy/html_en. Retrieved March 29, 2022.
13 See https://www.ussc.gov/sites/default/files/pdf/research-and-publications/quick-facts/Marijuana_FY20.pdf, Retrieved March 30, 2022.
14 Peter Kraska, personal communication, December 2021
15 See https://transformdrugs.org/drug-policy/uk-drug-policy/diversion-schemes. Retrieved March 30, 2022.
16 See https://www.gov.uk/government/news/148-million-to-cut-drugs-crime. Retrieved March 30, 2022.
17 Beyond the U.K., worries that federal decriminalization of cannabis in the U.S. will be combined with expanded coercive care is of increasing concern. See https://filtermag.org/joe-biden-forced-drug-treatment/. Retrieved March 30, 2022.
18 For a troubling example connecting cannabis, racism, predation, and diversion see https://www.nytimes.com/2018/08/24/us/marijuana-diversion-program-maricopa-arizona.html. Retrieved March 30, 2022.
19 Peter Krykant, Project Lead at Cranstoun and a Trustee at Release in the U.K. notes ‘…abstinence drug recovery programmes say your selfish, hopeless & doomed to die if you leave or don't accept their ideology & at the same time say we will love you till you can love yourself.’ See: https://twitter.com/PeteKrykant_OPC/status/1499850255633895427?s=20&t=csd5XZAdRjO7Qlbgg7lCNw Retrieved March 4, 2022. In the U.K. an overview with a decidedly upbeat view of diversion is here: https://transformdrugs.org/drug-policy/uk-drug-policy/diversion-schemes. In Australia, a useful overview of diversion and the possible consequences of noncompliance is here: https://adf.org.au/talking-about-drugs/law/decriminalisation/decriminalisation-detail/. Retrieved October, 10 2021. In the US, some examples of these myths are described in programs including https://www.co.berks.pa.us/Dept/DA/Pages/Marijuana-Diversion-Program.aspx, https://www.centrecountypa.gov/DocumentCenter/View/17132/Description-of-Misdemeanor-Marijuana-Diversion-Program, and https://www.monroeprosecutor.us/criminal-justice/pretrial-diversion-program/faq/. Some programs like this one in Texas notes the problems of stigma and the limited public safety benefit from prosecuting cannabis possession. However, participation in programming is still required. https://app.dao.hctx.net/video-misdemeanor-marijuana-diversion-program. Retrieved March 30, 2022.
20 The UNODC reports more than 200 million people used cannabis in 2019. Cannabis enforcement for use, cultivation, or sale is undertaken in almost all countries worldwide. See https://www.unodc.org/res/wdr2021/field/WDR21_Booklet_3.pdf, Retrieved March 30, 2022.
21 For examples of these concerns based on Bill C22 in Canada see https://uphns-hub.ca/product/bill-c-22-maintains-a-deadly-status-quo-a-montreal-perspective/ and https://bccla.org/2021/04/bill-c-22-aims-to-address-systemic-overrepresentation-in-the-criminal-legal-system-but-does-it-go-far-enough/. Retrieved March 30, 2022.
22 See https://www.canadianevergreen.com/news/b-c-pushes-for-black-market-cannabis-to-go-legal-faces-criticism-from-craft-growers/?utm_source=dlvr.it&utm_medium=twitter&fbclid=IwAR2IngKoCDVcmZ3DYbw6O6NAlocvquqL9rz3VXh3Ej6qV50pUEpHoNYRmMw. Retrieved March 30, 2022.
23 See https://www.cbc.ca/news/canada/calgary/calgary-police-drug-seizure-chron-father-13-million-cannabis-mushrooms-1.6285808 Retrieved February 27, 2022