A Montana jury's decision to refuse to sit on a case involving a defendant charged with possession of a small amount of marijuana could signal to prosecutors and lawmakers that the public might no longer tolerate criminal penalties for possession of marijuana.
The revolt of the Montana jurors mirrors a nationwide change in the perception of marijuana as a dangerous drug. Even in states like Texas, with notoriously tough laws against drugs, there may start to be more lenient sentences in marijuana cases. Although federal law still classifies marijuana as a Schedule 1 controlled substance-meaning that it has no acceptable medical value-a number of states have permitted the licensing of medical marijuana dispensaries, subject to strict regulation as to location, size, distribution and quantities.
Advocates have long touted marijuana as a pain reliever for chronic-pain patients and claim that it can lower intraocular pressure in glaucoma sufferers. In 2009, the American Medical Association (AMA) reversed its position on marijuana by affirming the medicinal value of the drug and calling for more research. The AMA also confirmed the drug's use in increasing the appetites of cancer patients who suffer from nausea as a result of chemotherapy.
The current trend toward libertarianism and less government involvement might have aroused the public toward a more lenient approach to the use and possession of marijuana, at least for personal consumption. Many people perceive marijuana to be in the same class as alcohol and feel that it should be regulated as such.
Some economists and business leaders view marijuana as a potential income stream. The illicit marijuana market has been estimated to be as much as $10 to $40 billion dollars, or even more, since accurate estimates are not possible. A Harvard economist has stated that the legalization of marijuana could bring in more than $20 billion in tax revenue.
Judicial and prosecutorial attitudes might be harder to change. Although the public has become more permissive and-in the case of the jury in Montana-may even fail to recognize the use of marijuana as a crime, the courts still treat the drug as an addictive substance and continue to punish individuals on probation who test positive for the drug. Possession with intent to sell remains a crime, along with many other situations involving drugs, such as cultivation of marijuana.
