By Christi Smith and Jillian Snider  

After 115 years of prohibition, the legal status of cannabis in the United States is at a tipping point. Significant advances in state-level cannabis legalization have been made in the past decade, and decriminalization efforts have increased in cities across the nation. More than 90 percent of Americans—on both sides of the political aisle—support legal adult use of medical or recreational cannabis. Legalization is also increasingly supported by law enforcement, with two-thirds of police supporting medical or recreational cannabis. Yet cannabis remains illegal at the federal level, and its possession and use are subject to the most severe criminal penalties under the Controlled Substances Act (CSA).

The federal government has an opportunity to end America’s longest war, the war on drugs. As evidenced by our experience with alcohol, national prohibition produces disastrous outcomes, including rising crime and violence, underground markets, unregulated products and continued demand for the substance. The general consensus among criminologists, criminal justice scholars and drug policy experts is that the war on drugs—described as a war on marijuana—has been a “resounding failure.” Further, the harms associated with marijuana prohibition far exceed the benefits in nearly all ways that can be measured.

Rather than continue the prohibition policies that have contributed to mass incarceration and the destruction of police-community relationships, we need smart federal legislation to legalize and properly regulate cannabis. This approach would significantly disrupt illegal drug markets, as marijuana is the most widely cultivated, trafficked and used illegal substance in the world. Better legislation is also critical for reducing violence and enhancing public safety, as such efforts could contribute to fewer negative police-citizen interactions, improvements in police legitimacy, the restoration of police-community partnerships, and a reallocation of resources to help stem the recent surge in homicides. Regardless of personal or moral perspectives, the federal prohibition of cannabis is bad public policy.

R Street Policy Study No. 261

Washington DC: R Street, 2022. 18p.