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The Legalization and Criminalization of Marijuana in Texas

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The Legalization and Criminalization of Marijuana in Texas

The 2015 legislative session in Texas made the county an unlikely candidate for reforms of marijuana. Reforms were motivated by the marijuana movement within the State. Marijuana legalization and criminalization within Texas has been a controversial topic since it is a two-sided argument. Marijuana is widely known as a drug as well as its abuse, but it also has its significance due to its medical value. Upon decriminalization of marijuana in Texas, the argument behind it in the year 2015 was to reduce strain on the criminal justice system, lower the escalated violence along the Mexican border, and more it would be a huge source of tax revenue for the State. However, the biggest challenge was increasing access of the drug to youths hence increasing the number of drug misuse within the State. There was an agreement between the State of Texas and marijuana movements pushing for these reforms that there would be limitations on how the legalization would take place, and the State would be allowed to monitor how the changes would be carried out. The problem statement, therefore, remains which way should the State of Texas go, legalization of criminalization of marijuana?
Objective

Research done by Lance Telchik,” Rational Reasons to legalize Marijuana in Texas” indicates that, in the year 2013, there was a swing of attitudes, where a majority of Americans 58 percent supported the complete legalization of marijuana in the entire country (Telchik 2016, p 34). Texas changed the regulations in the year 2015, legitimizing the industry, which included the elimination of home growing, seed to sales tracking system, limited purchase for personal use, vertical product integration, and also mandatory surveillance by video (Telchik 2016, p 40).

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Since Texas is usually a drug hub by the Mexican cartels, the move to legalize marijuana was termed a bold move to ensuring that the workforce is saved, especially police officers helping them focus on more pressing issues such as protecting the public. In the year 2012, the Texas government determined that the cost of enforcing the current statute was becoming unbearable and more so the demand for illicit marijuana within the entire country was increasing, which the majority passed through the Texas border (Telchik 2016, p 56). These actions, according to the Texas government, supported the ruthless and violent Mexican drug trafficking syndicate. The Texas administration, therefore, made an executive decision to revisit the statute to ensure that some of the shortcomings emanating from the current statute were eradicated, such as the high costs.
Options

According to the Texas government, the entire country’s war on drugs is insignificant concerning impeding the mass flow of drugs to the country. On the contrary, it has led to the impartiality of the criminal justice system since, in the year 2012, the constitutional constraints were working in favor of the drug smuggling organizations (Harris, Katharine Neill, and John C. Morris, 2017, p 93). Legalization of marijuana is expected to help put back power into the Texas State Government, but it would not ease the burden engulfing the criminal system. Upon legalization of marijuana in Texas, the State would benefit from taxing and administrative rules, which is the case with the imposed rules and regulations on the tobacco and alcohol industries. Legalization of marijuana in Texas is expected also expected to diminish the power which the Mexican drug trafficking organization has (Harris, Katharine Neill, and John C. Morris, 2017, p 97). The State also should consider criminalizing marijuana, which would prohibit the full use of marijuana within the State. The last option is to maintain the status quo, which is to allow the medical and criminalize any other use within the State.
Analysis of Options

The State of Texas has an option of legalizing marijuana, but there are effects both positive and negative. The first effect would be reduction of costs since as indicated earlier, majority of the police deployed to curb drug trafficking along the U.S- Mexican border (Winter and Alick 2015, p 67). These resources would be directed to ensuring that the people are offered adequate security. Legalizing marijuana also is expected to help Texas have its own control over drugs finding entry through the border.  As such, the States government can be in a position to effect rules and regulations which are best suited for the State. Marijuana legalization is also expected to increase the Texas state revenue (Mims, Robin, and O’Neal, 2013, p 76). However, adverse effects are expected among them is increasing the rate of drug use within the State, and more so among the youths. Legalizing the process would lead to political fallout between the State of Texas and the entire country since Texas would seek independence for setting her laws concerning handling marijuana within the State as well as other drugs. Criminalizing marijuana the other option which as has continued to strengthen the Mexican drug organization and, more so, use of excessive resources trying to keep the drugs out of the county and the country at large.
Recommendation

The best option would be to legalize marijuana in Texas. As stated in the analysis section legalizing marijuana within the State have more advantages. Nevertheless, it should be regulated to avoid the drug falling in the wrong hands such as those of the youths who intends to misuse it. The State should also have an open conversation with the federal government to ensure a consensus is reached on how to handle the border and more so to avoid misunderstanding the set laws, especially those that are different. The State should also hold a consensus meeting with the country’s judicial system to ensure that the set rules and regulations are enforceable in a court of law.

 

Work cited

Winter, Bryan Alick. Marijuana law reform in Texas. Diss. 2015.

https://repositories.lib.utexas.edu/bitstream/handle/2152/32379/WINTER-MASTERSREPORT-2015.pdf?sequence=1

Telchik, Lance. “Rational reasons to legalize marijuana in Texas.” (2016).

https://shsu-ir.tdl.org/bitstream/handle/20.500.11875/2076/1663.pdf?sequence=1

Harris, Katharine Neill, and John C. Morris. ““GRASS” ROOTS IN TEXAS: A Multiple Streams Approach to Understanding the Marijuana Movement’s Policy Impact.” World Affairs 180.1 (2017): 93-126.

https://journals.sagepub.com/doi/abs/10.1177/0043820017716683

Mims, Robin, and Joseph O’Neal. “A-CAPS 4360.04 SP2013 22 April 2013 Legalized Marijuana: Tax Revenue for Texas.”

http://sites.stedwards.edu/newcollegeonlinecapstone/files/2013/04/Capstone-Paper-three-FINAL-1p9gfnv.doc

 

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