Medical Marijuana and Crime: Substance Use and Criminal Behaviors in a Sample of Arrestees

• Author: Charles M. Katz,Hyunjung Cheon,Scott H. Decker
• Published date: 01 April 2018
• Date: 01 April 2018
• DOI: 10.1177/0022042617743775
• Subject Matter: Articles

https://doi.org/10.1177/0022042617743775

Journal of Drug Issues

2018, Vol. 48(2) 182 –204

© The Author(s) 2017

Reprints and permissions:

sagepub.com/journalsPermissions.nav

DOI: 10.1177/0022042617743775

journals.sagepub.com/home/jod

Article

Medical Marijuana and Crime:

Substance Use and Criminal

Behaviors in a Sample of Arrestees

Hyunjung Cheon1, Scott H. Decker1, and Charles M. Katz1

Abstract

After decades of prohibition, laws allowing marijuana use for medical and, in some cases,

recreational purposes have been enacted across the country. To date, however, little is known

about medical marijuana use, particularly regarding its relationship to criminal offending and use

by nonauthorized persons. The current study bridges this gap by examining offending patterns

in a sample of recent arrestees in Maricopa County, Arizona, identified and interviewed through

the Arizona Arrestee Reporting Information Network (AARIN) project. Findings suggest that

medical users had a higher probability for committing Driving Under the Influendce (DUI) and

drug selling/making than nonusers, and diverted medical marijuana users had a higher probability

for involvement in property crime, violent crime, DUI, and drug selling/making than nonusers.

The results have important implications for developing marijuana decriminalization policies,

criminal justice, and criminological theory. Directions for future research are discussed.

Keywords

medical marijuana, substance use, criminal involvement

Marijuana is used widely among adults in the United States. According to data from adults, 18

years and older, who participated in the 2013-2014 National Survey on Drug Use and Health

(NSDUH), approximately 13% of 96,100 adults in the United States report any marijuana use in

the past year (Compton, Han, Hughes, Jones, & Blanco, 2017). It is also reported that 9.8% of

past-year marijuana users used medical marijuana whether in combination with nonmedical mar-

ijuana or not. Marijuana use enjoys a dual status, both as a legal drug in many states and still

regarded as illegal in several other states and by the federal government. Understanding the

dynamics of such use is an important topic for research and practice.

Despite its changing legal status, little is known about the impact of changes in laws regulat-

ing marijuana possession, sales, and use. As of October 13, 2017, 29 states and the District of

Columbia allowed some form of medical marijuana and four had decriminalized possession of

small amounts for personal use (“ProCon.org,” 2017). Numerous other states have pending ballot

initiatives designed to reduce the legal penalties on the possession and cultivation of marijuana.

These changes represent a significant new direction for the legal control of marijuana and are the

most sweeping changes since 1970 when marijuana was classified as a Schedule I drug (Johnston,

1Arizona State University, Phoenix, USA

Corresponding Author:

Hyunjung Cheon, School of Criminology and Criminal Justice, Arizona State University, 411 N. Central Ave.,

Suite 600, Phoenix, AZ 85004, USA.

Email: Hyunjung.Cheon@asu.edu

743775JODXXX10.1177/0022042617743775Journal of Drug IssuesCheon et al.

research-article2017

Cheon et al. 183

O’Malley, Bachman, & Schulenberg, 2010). A recent meta-analysis pointed to an association

between marijuana use and criminal involvement, although the marijuana and crime association

was not as strong as the relationship between crime and other illegal substances, such as amphet-

amines, cocaine, and opiates (Bennett, Holloway, & Farrington, 2008).

Some researchers argue that marijuana is safe and efficacious for treating serious illnesses

(Abrams et al., 2007; Corey-Bloom et al., 2012; Ware et al., 2010). Marijuana can be used to treat

the side effects of chemotherapy, as well as the symptoms of AIDS, multiple sclerosis, epilepsy,

glaucoma, and so forth (Martinez, 2000). Clinical research also suggests that marijuana reduces

chronic pain, nausea, vomiting, muscle spasms, and loss of appetite (Eddy, 2010; Marmor, 1998;

Martinez, 2000; Watson, Benson, & Joy, 2000). Recently, several studies have found that mari-

juana can be used to treat abuse/dependence on other, more dangerous addictive, substances such

as alcohol, prescription drugs, cocaine, or opiates (Blume et al., 2011; Cohen, 2009; Ramesh

et al., 2011; Reiman, 2009). As a result, many states and local governments have enacted legisla-

tion decriminalizing marijuana, for either medical or recreational purposes.

Although the legal status of marijuana use and possession is dynamic, relatively little is

known about the relationship between medical marijuana use and drug abuse or criminal

involvement. Legalizing medical marijuana may influence an individual’s criminal behavior.

For example, medical users may acquire marijuana for nonmedical purposes and abuse it. In

addition, medical marijuana laws may inadvertently expand the illegal marijuana trade between

medical users and people who want easy access to marijuana. Although medical marijuana is

legalized, its users may still experience considerable stigma from family, employers, and law

enforcement (Bottorff et al., 2013). Perceived stigma may cause self-perceptions of shame or

guilt and lead to some types of maladaptive coping (i.e., drug abuse or being violent). On the

contrary, the decriminalization of marijuana may generate new employment markets, and help

individuals, who might not have connections to the legitimate economy, to attain economic

legitimacy (O’Brien, 2013), as people can work within a licensed, regulated dispensary system.

Given these possibilities, a better understanding of medical marijuana users may help practitio-

ners interact more effectively with them.

Understanding the relationship between medical marijuana and crime may contribute to the

creation of effective regulations or policies to deal with medical marijuana. Little is known

about the relationship between medical marijuana and criminal behavior, and the number of

states that have reduced legal penalties on its use is likely to grow. In addition, little is known

about “crossover use” and “crossover users,” that is, the use of medical marijuana purchased

and used by persons who are not authorized by the state to purchase it legally. Recent research

suggests, for example, that “diverted medical marijuana users,” when compared with “nonus-

ers,” “illicit users,” and “medical users,” might be at greatest risk for marijuana dependency,

using illegal prescription drugs, alcohol use, and chronic marijuana use (Boyd, Veliz, & McCabe,

2015). Given these, it is important to expand our understanding of the impact of increased legal

access to marijuana.

The purpose of this study is to examine the relationship between types of marijuana use and

criminal involvement using a sample of arrestees in Maricopa County, Arizona. Specifically,

we compare individuals’ patterns of marijuana use and criminal involvement based on four

groups: (a) medical users, (b) diverted medical marijuana users, (c) illicit users, and (d) nonus-

ers. We examine the involvement in several forms of offending (i.e., violent crime, property

crime, DUI, and drug sales) and substance use (i.e., cocaine, opiate, and meth). The analyses

provide insights into the penetration of medical marijuana into alternative markets as well as

to examine criminal involvement of individuals who use authorized marijuana. As more states

are considering medical marijuana legalization, this study will provide a practical explanation

of particular social characteristics that should be considered in the dialogue over decriminal-

izing medical marijuana.