Legal pot in Pa.? Ignore the hype and consider what happened in other states first
As executive director of the Pennsylvania Chiefs of Police Association and as a former member of the Pennsylvania Department of Health Medical Marijuana Advisory Board, I would like to express my concerns, and those of many of our membership, about the legalization of marijuana and the relative effects on public safety in our communities. I believe that marijuana legalization in Pennsylvania will pose significant challenges for law enforcement resulting from the unanticipated consequences it has on public safety.
It is challenging to label something as a "bad policy" if we cannot define what qualifies as a "bad policy." However, one way to evaluate policy is by examining its unintended consequences. Often, elected officials prioritize immediate results and overlook the long-term effects of their decisions. This can result in hastily implemented policies with unforeseen consequences. Additionally, there is a lack of accountability for policy failures, which further encourages this shortsighted approach. Officials who move on from unsuccessful policies rarely face repercussions for their decisions, leaving the public and law enforcement to bear the burden of unintended consequences. The concern here is that policymakers may be more focused on receiving credit for legislation that is passed, rather than considering potential implementation issues that could arise. The latter is often viewed as "someone else's problem."
Are lawmakers acting in the public's best interest? Will the legalization of marijuana benefit the public's health, safety, and welfare? Judge Cheryl Allen, of Counsel for Pennsylvania Family Institute, opined "The purposes of government include: to establish laws, maintain order and provide security, protect citizens from external threats, and promote the general welfare by providing public services. Legalizing marijuana for recreational use will not serve any of these purposes."
The current budget proposal for Pennsylvania aims to generate roughly $15 million in tax revenue from recreational marijuana in the upcoming fiscal year, and up to $250 million in later years as the market matures. However, despite the common belief that legalizing marijuana would be a financial boost for state governments, the data from the past decade tells a different story. According to Bob Troyer, a former U.S. Attorney for the District of Colorado, who testified before the Pennsylvania House of Representatives Health Subcommittee on Health Care and the House Judiciary Subcommittee on Crime and Corrections on March 20th, 2024, marijuana provides a negligible share of Colorado's budget, less than 1%, and is outweighed by the costs. In states like Colorado, there are more pot shops than Starbucks and McDonalds combined. That saturation has led to various harms, as one study found for every dollar gained in tax revenue, Coloradans spent $4.50 to mitigate the negative effects of legalization.
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There is insufficient data to determine the true impact of legalized marijuana on crime and safety. The experiences of other states have shown:
High-potency THC from marijuana hash oil extractions, which are used in making legalized, laced edibles and beverages, has led to overdoses, potential psychotic breaks, and suicide attempts. Marijuana potency has increased significantly and rapidly. Marijuana in the 1970s had an average of 2% THC and 3% to 5% THC in the 1980s and 1990s. Today's average potency ranges from 18% to 35% and products as high as 99% are produced and sold by the industry.
Youth use and addiction rates have increased due to ease of accessibility, and there is great concern about the significant health impacts of chronic marijuana use on the youth. In states that have legalized "adult use" marijuana, youth ages 12 to 17 have experienced a 25% increase in marijuana use disorder compared to non-legal states. (Cerda et al., 2020.) Fifty percent of daily youth users become addicted.
Between 21% and 30% of users have a marijuana use disorder. If a user is below the age of 18, they are seven times more likely to develop a marijuana use disorder, (NIDA, 2019a). Adolescent marijuana users are 2.5 times more likely to abuse prescription opioids.
Difficulties in establishing what is a legal marijuana operation have created problems in conducting investigations, determining probable cause, and search and seizure procedures.
Marijuana illegal trading through the black and other markets has not decreased. Diversion across state boundaries has created issues for states that do not have legalized marijuana laws. No state has eliminated or even reduced the illicit market. Between 70% to 80% of marijuana sold in California legal pot shops was produced and grown illegally, often by Mexican, Chinese, and other foreign nationals drug cartels. (NBC News, 2022). The Department of Homeland Security reported 270 suspected Chinese organized crime illegal marijuana grows in Maine, worth about $4.37 billion. The Oklahoma Bureau of Narcotics estimates that 2,000 illegal grow farms have Chinese organized crime connections. Counterintuitively, legalization provided cover for illicit actors to expand their operations. Legalization, with its expansion of the illicit market, increases the caseload for law enforcement. Rather than working to solve more serious crimes, law enforcement is working to counter the illegal market. The added costs to law enforcement must be factored into the tax revenue debate. Regardless of any potential tax revenue, the legalization of marijuana will make our communities less safe.
Detecting driving under the influence of marijuana is a significant challenge for law enforcement. Currently, there is no roadside test for marijuana intoxication.
Many states have had difficulties caused by conflicting state legislation and local ordinances, policies, and procedures. The situation is even more complex because marijuana remains a Schedule I controlled substance under federal law.
One of the most salient concerns we have relates to the consequences of drug-impaired driving. Our efforts to curb drunk driving have met with a great deal of success over the last decade, but drug-impaired driving is different from alcohol-impaired driving and our understanding of the impairments due to drug impairment is limited. Exacerbating the problem is the matter of how to best create, implement, and enforce the laws prohibiting impaired driving. In populous areas of our commonwealth, this is particularly concerning, where the risk of catastrophic consequences related to a drug-impaired driving incident is exponentially more probable. The percentage of traffic deaths related to the use of recreational marijuana doubled in Washington state in the year retail marijuana sales were allowed. In Colorado, marijuana is now involved in more than one of every five deaths on the road. These statistics highlight why it is necessary to wait until we have a better understanding of the impacts and management of marijuana intoxication.
Given the statistics that are available today, it is clear and indisputable that the use of recreational marijuana negatively impacts the motoring, pedestrian, and special needs community and that innocent people in states where the recreational use of marijuana has been legalized are at a greater risk of harm, injury, and death due to the increased numbers of drug-impaired drivers.
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Law enforcement executives in Pennsylvania require answers that are backed by valid data and scientific research. The current information reinforces our concerns and strengthens our collective determination that the legalization of recreational marijuana in Pennsylvania is not in the public's best interest. Lawmakers must prioritize the public's well-being and continuously assess policies from diverse perspectives. Elected officials should be familiar with the data and ignore the hype. Only then can we establish sound policies and responsible governance.
Scott L. Bohn is the executive director of the Pennsylvania Chiefs of Police Association.
This article originally appeared on Erie Times-News: Pa. chiefs of police - legal marijuana comes at high cost to safety
