Working Paper: NBER ID: w9690
Authors: Rosalie Liccardo Pacula; Jamie F. Chriqui; Joanna King
Abstract: It is well known in the drug policy field that eleven states reduced the criminal sanctions associated with possession of small amounts of marijuana. In this paper we review the eleven original decriminalization statutes, documenting key dimensions of these laws and identifying their common denominator. We then examine state laws in effect as of December 31, 1999, along the same key dimensions and show that it is impossible to uniquely identify the so-called decriminalized states. We show the extent to which non-decriminalized states have also reduced penalties associated with possession of small amounts of marijuana as early as 1989, calling into question the interpretation of studies evaluating this policy during the past decade. We conclude by showing that the inclusion of legal dimensions of the policy does not diminish the association identified between decriminalization and recent use, raising questions about how researchers should interpret such findings.
Keywords: marijuana; decriminalization; drug policy; penalties; use rates
JEL Codes: I1; K4
Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.
| Cause | Effect |
|---|---|
| decriminalization statutes enacted in the 1970s (K49) | misleading label of 'decriminalized states' (K42) |
| non-decriminalized states also reduced penalties associated with marijuana possession (K49) | complicates narrative that decriminalization uniquely affects use rates (J18) |
| legal dimensions of the policy (G38) | raises questions about interpretation of findings (C90) |
| lack of a clear definition of decriminalization (K14) | inconsistencies in empirical analyses (D12) |
| absence of minimum jail terms for first-time offenders (K40) | characterizes laws as depenalization rather than true decriminalization (K14) |