Cannabis Column – #50

The National Conference of State Legislatures (NCSL) monitors the public policy issues faced by state governments throughout the country. In mid-December they issued their annual forecast of the top issues state governments will face in 2009. The NCSL forecast: “All Issues Take a Back Seat to Budgets.” Of the top nine issues faced by state governments, two frame the opportunity for cannabis reform: the top issue for the governments – the widening gap between revenues and program expenses in state budgets, and issue number six – sentencing and corrections.

Collectively, states will have to close a $97 billion budget gap over the next 18 to 24 months, according to the State Budget Update compiled by NCSL. Consequently, “Shrinking state revenues will squeeze every area of state government . . . States are battening down the hatches and bracing for the worst fiscal storm in decades.”

In the area of “sentencing and corrections,” the NCSL issue summary deserves close attention.

“Without change to current corrections and sentencing policies, by 2011, state prison populations are projected to grow by nearly 200,000 inmates at a cost to states of $27.5 billion. Bipartisan efforts in a growing number of state legislatures seek to alter this destiny with actions aimed at safely supervising certain offenders in the community and reducing crime with mental health, substance abuse and other rehabilitative programs. Strained state budgets make cost-effective corrections options and policies an even greater priority in state legislatures in 2009. Ten states indicated they are considering cuts to corrections in NCSL's State Budget Update. Four states exempted corrections in their budgets. States such as Texas and Washington are expanding capacity for offender treatment and community supervision; and similarly Connecticut, Kansas, Pennsylvania and others are improving probation and parole supervision, including use of evidence-based practices.”

When a state’s spending requirements exceeds its available revenue, the result is a deficit or budget gap. NCSL provides summaries of the budget gaps in each state for both 2009 and 2010 in easy to access maps.

In 2009, Vermont faces the most severe problems, where their gap is more than 15% of the state’s general fund. In Rhode Island, South Carolina, Georgia, Nevada and Arizona the gap is between 10% and 15%. Of the remaining states 32 face a gap of less than 10%, while 12 face no gap in their budget.

In 2010, though, the problems become much worse. California, Arizona, Wisconsin, and New York face gaps of 15% or more. Washington, Nevada, Kansas, Iowa, Louisiana, Georgia, Connecticut, Rhode Island, New Hampshire, and Maine face gaps between 10% and 15%. Ten additional states face gaps of less than 10% of their budgets.

The budget forecasts for many states will grow more severe if economic conditions worsen.

Marijuana offenses account for five percent of all arrests nationwide, and marijuana arrests are often one of the top ten sources of arrests for local police agencies. Decriminalization provides a proven cost-effective way for states to reduce criminal justice costs associated with marijuana law enforcement. Issuing a ticket and fine in place of arrests for marijuana possession has been longstanding policy in Maine, New York, North Carolina, Mississippi, Ohio, Minnesota, Nebraska, Colorado, California, Oregon, Alaska and was also recently adopted in Nevada. Massachusetts voters recently approved a decriminalization measure, demonstrating widespread approval by their citizenry.

Most marijuana possession arrests result in jail sentences in local facilities rather than prison sentences in state-run facilities. Prison is for sentences of one year or more – for serious crimes – while jails are for offenders with shorter sentences for misdemeanor crimes. Nonetheless, local jails in many jurisdictions are already over-crowded. Marijuana possession arrests add to court and corrections costs as well as to local law enforcement costs. In this current fiscal climate marijuana decriminalization is a proven, effective way to cut costs for state and local criminal justice agencies.

Project Vote-Smart provides easy access to state government legislators and officials. If your state does not already have decriminalization laws for marijuana, contact your representatives in your home state and encourage them to consider marijuana’s decriminalization as they grapple with the serious budget issues of these trying economic times. Contact your Governor and Attorney General and encourage them to investigate decriminalization of marijuana possession as part of their efforts to reduce criminal justice costs.