PRELIMINARY AND INCOMPLETE: NOT FOR CITATION
Economic
Aspects of a Post-Prohibition Regime for Marijuana
Jeffrey A. Miron
DepArtment of Economics
Boston University
Boston, MA 02215
781-856-0086
jmiron@bu.edu
I. Introduction
For many years opponents of
marijuana prohibition have fought a seemingly hopeless battle against the
accepted wisdom that government should outlaw the production, distribution and
use of marijuana. In recent years,
however, the climate has changed substantially in numerous countries (with the
glaring exception of the United States), and the opportunity for eliminating or
at least scaling back marijuana prohibition seems within grasp.
With this progress, however, comes a
set of questions that has not been fully addressed. First, what exactly is the best alternative to current
prohibition. Second, what are the
economic implications of this alternative policy regime?
Regarding the first question, the
presumption of many prohibition critics is that a post-prohibition regime
should have substantial amounts of government involvement in the market for
marijuana. For example, many reformers
push for medicalization of marijuana, or decriminalization, or government
provision, rather than outright legalization. Even amongst those who advocate legalization, the assumption is
usually that legalized marijuana would be subject to substantial regulation in
the form of sin taxation, age restrictions, advertising prohibitions, or bans
on drug-testing.
This paper argues that full legalization, in which policy
treats marijuana like any other good, makes better economic sense than the
“half-way houses” frequently endorsed by opponents of marijuana
prohibition. This does not mean
partial measures have no value; they are better than the current policy of
prohibition. But full legalization is
better yet.
Regarding the economic impacts of marijuana legalization,
the conventional wisdom amongst prohibition critics is that legalization will
produce large-scale economic benefits in the form of reduced government
expenditure for prohibition enforcement and increased tax revenue from
legalized production and sale.
This paper suggests, however, that the impact of
marijuana legalization on government budgets is probably modest. Hard data on the size of current marijuana
markets are difficult to obtain, and the change that would occur under
legalization is uncertain. Available
evidence indicates, however, that these impacts, while not trivial, are an
order of magnitude lower than claimed in many recent accounts. In and of themselves, the budgetary impacts
are minor issues in the debate over marijuana legalization.
II. What is the Ideal Policy Toward Marijuana?
There is widespread agreement in the marijuana reform
movement that current policy is, at a minimum, excessive. In particular, virtually everyone in this
movement opposes arresting and incarcerating people whose only “crime” is
marijuana use. Beyond this
proposition, however, there is substantial diversity in the views over the best
alternative to current prohibition. I
present here the argument for minimal government intervention other than that
directed at all legal goods.
Legalization
or Decriminalization
A first issue that arises in discussing alternatives
to marijuana prohibition is whether policy should legalize or merely
decriminalize marijuana. Under full
legalization, the production, distribution, sale and possession of marijuana
are all legal; the law treats marijuana like any other commodity. Under decriminalization, marijuana
possession is not subject to criminal sanctions, but penalties against
production, distribution and sale remain.
Thus, marijuana is not a legal commodity.
Decriminalization is difficult to defend from the
perspective of economics. To begin,
every transaction must have both a seller and a buyer, so it makes little sense
to criminalize one side of the market but not the other. Even more importantly, decriminalization
does little to reduce prohibition-generated ills other than those directly
related to the adverse legal treatment of marijuana users. Decriminalization maintains the illegal
status of production, distribution and sale of marijuana, so the industry still
operates underground. This means the
negatives side effects of prohibition (crime, corruption, infringements on
civil liberties, poor quality control, wealth transfers to criminals,
disruption of other countries) all continue under decriminalization. It also means the state cannot tax the
production and sale, nor can it regulate the marijuana industry The only benefit of decriminalization relative to prohibition is
that marijuana users face limited legal penalties from drug use.
A possible response to this perspective is that several
countries have diminished the harm from marijuana prohibition by
decriminalizing without legalizing.
This conclusion is unwarranted, however, because it confounds the effect
of prohibition per se with the degree
to which prohibition is enforced.
Countries that have decriminalized are, by and large, countries with
minimal enforcement of marijuana laws generally, including those directed at
production and sale. This low level of
enforcement mitigates the effects of prohibition on crime, corruption, and
other prohibition-generated ills, even though marijuana is still prohibited.
The economically sensible policy, therefore, is
legalization rather than decriminalization. Decriminalization is better than
prohibition, but full legalization is better still.
Medicalization
A
different alternative to marijuana prohibition, often termed medicalization, is
to put control over marijuana in the hands of physicians, with only modest
oversight from law enforcement.
Specifically, physicians would be legally permitted to prescribe
marijuana for a range of conditions or treatments, and pharmacies would be
legally allowed to sell marijuana to persons holding a valid prescription. These pharmacies would obtain the
marijuana, again legally, from licensed private or government suppliers, as
occurs now with other prescription medications.
The
critical effect of medicalization is to provide many marijuana users with a
legal supply, thereby reducing the black market. Since the range of conditions
for which marijuana appears efficacious is broad, physicians would have
enormous scope to prescribe marijuana.
Thus, the magnitude of the black market might shrink substantially if
prescription marijuana were legal.
Thus, from the perspective of eliminating the negative effects of a
prohibition-induced black market, medicalization is beneficial.
There
are, however, important limitations of the medical marijuana approach relative
to legalization. First, it does not
necessarily eliminate the black market for marijuana; that depends on how
strict or lax the rules on prescribing are.
Second, the quality of marijuana provided to pharmacies might be low,
which again means continuation of the black market. Third, medicalization encourages users to request, and
physicians to supply, marijuana for the treatment of questionable medical
conditions; this charade breeds disrespect for the law. Fourth, medicalization accepts the notion
that using marijuana is “bad” and only allowable to medical reasons; there is
no justification for this perspective, and if allowed it persist, the
perspective spills over to other arenas.
As with decriminalization, therefore, medicalization is better than current policy but less desirable than legalization.
The Regulation and
Taxation of Legal Marijuana
Given a legal regime for marijuana, a number of
additional issues arise.
The first question is whether to impose to tax marijuana
more heavily than other goods. Most
societies currently impose “sin” taxes on alcohol, tobacco, gasoline, and a few
other goods.
There are two standard rationales for sin taxes. There are two main rationales. One is that drug use imposes negative
effects on innocent third parties (e.g., by causing traffic accidents). The other is that many users make irrational
decisions to consume drugs.[1]
Neither of these rationales applies in a convincing way
to marijuana. Marijuana use
potentially imposes externalities in certain situations, such as driving under
the influence, but existing evidence does not support a strong effect in this
direction, and in any case such evidence suggests laws against DUI, not a sin
tax. The consumption of marijuana does
not have substantial potential for addiction or negative health consequences, so
myopia justification is not valid either.
In addition, the sin tax approach is problematic. First, it perpetuates the notion that
marijuana use is a sin. Second, sin taxes often reflect political
influences rather than valid economics.
Third, it is difficult to determine which goods generate the biggest
externalities. And sin taxation can
increase to the point where it drives the drug market underground, which
generates the same negatives as prohibition.
A second policy issue that arises in a legalized regime
for marijuana is whether to prohibit advertising. Many critics of prohibition assume a post-prohibition regime
should prohibit advertising of legalized marijuana. This outcome is perhaps likely from a political perspective, but
it makes little sense from an economic perspective.
To begin, there is little evidence that advertising
substantially increases demand for a mature product. Instead, advertising appears to mainly shift demand for a given
product between different brands. If
marijuana were legalized, it would be a newly legal product, but it would still
be mature from the perspective of most consumers. The natural assumption therefore is that a marijuana market
would resemble the markets for cigarettes, alcohol, soft drinks, and many other
consumers goods for which differences in quality are often not dramatic but
advertising promotes brand differentiation.
Assuming this is an accurate description, the fear that
advertising would entice additional persons to consume marijuana is
unfounded. Thus, the principle
negative that some attach to advertising of legalized marijuana would not
arise.
In addition, advertising potentially has an important
benefit. Advertising gives the
manufacturer of a high quality or improved products the ability to attract and
retain customers. This spurs
innovation and means cheaper, safer products for consumers.[2]
Still a third policy issue that arises under marijuana
legalization is whether to impose age restrictions on the purchase of
marijuana, as currently occurs now for alcohol and tobacco. The standard rationale for age restrictions
is that minors are not ready to make informed decisions about whether or under
what circumstances to use certain commodities.
Whatever the validity of this assumption, however, age restrictions
are imperfect at preventing underage consumption of restricted
commodities. Minors often evade these
restrictions, which breeds contempt for the law. Further, minimum purchase ages can encourage parents to
supervise their children less diligently, under the mistaken assumption that
the law has addressed the problem.
Thus, it is not obvious that age restrictions do more harm than good.
One issue that exists already but that would acquire
renewed discussed under legalization is how policy should regard marijuana
testing. Many opponents of marijuana
prohibition also oppose marijuana testing by employers or others and endorse
government policies to prohibit or limit marijuana testing.
Economic analysis gives little justification for governments
to restrict private drug testing, however.
In the absence of government pressure to engage in drug testing, private
employers will test their employees only if the benefits in terms of increased
productivity exceed the costs. This is
exactly what should occur to achieve economic efficiency.
At the same time, there is no economic reason for the
government to require drug testing by private companies. It might make sense for the federal
government to test some of its own employees (e.g., military pilots), but there
is no reason to compel such testing by private employers. Thus, the incidence of testing would likely
decline in any case.
A second issue that arises under prohibition or
legalization, but that deserves renewed discussion in the context of
legalization, is whether governments should subsidize marijuana “abuse”
treatment. Many critics of prohibition
believe the funds currently expended on marijuana prohibition should be
transferred to subsidizing treatment.
The case for government-subsidized marijuana treatment is
weak, however. First, no evidence that
treatment generates benefits in excess of costs. Second, having the government subsidize treatment accepts the
view that marijuana use is somehow “wrong” and the marijuana use is something
that needs to be eliminated.
Third, demand for treatment
would fall under legalization, both because there would be less government
coercion and because there would be less social pressure to abstain from drug
use, so the issue would be less important in any event.
III. Economic Implications of Marijuana Legalization
The legalization of marijuana, were it to occur, would
have a number of economic and social effects.
Prominent amongst these are any impacts on government budgets. Legalization means government would no
longer expend resources enforcing prohibition and that governments could
collect tax revenue on legalized marijuana.
These section provides some educated guesses about the magnitude of
these impacts in Canada.
The Size of the
Canadian Marijuana Market
Estimation of the budgetary impacts of marijuana
legalization requires information on the size of the market that would exist
under legalization. A first step in
determining this magnitude is estimation of the size of the current
market. Existing accounts suggest
this market is substantial in size; for example, many observers believe that
marijuana production in British Columbia is roughly $10 billion per year relative
to overall GDP of roughly $114 billion.
This estimate seems excessive by a substantial magnitude, however, for
several reasons.
The first reason to doubt the magnitude of existing
“estimates” is that they are simply too large on their face to be
plausible. In developed economies, total
expenditure on food as a fraction of GDP is roughly 9%. The data in the previous paragraph suggest
that marijuana production in British Columbia is also about 9% of GDP. This makes no sense.
A second reason to doubt the magnitude of current estimates
is that available data put the size the of U.S. marijuana industry at roughly
$10 billion.[3] Since the U.S. economy is about 10 ten
times the size of the Canadian economy, whether measured in GDP or in
population, either the U.S. figure is substantially too low or the Canadian
figure is substantially too large (or some combination of both). Since the methodology used in the U.S.
estimates appears reasonable, the sensible conclusion is that the Canadian
estimates are too high by a factor of 10.
This paper therefore assumes that the size of the
Canadian marijuana market is currently about $1 billion per year.
Expenditure
on Marijuana under Legalization
The second step in estimating the
tax revenue that would occur under legalization is to determine how expenditure
on marijuana would change as the result of legalization. A simple framework in which to consider
various assumptions is the standard supply and demand model. To use this model to assess legalization’s
impact on marijuana expenditure, it is necessary to state what effect
legalization would have on the demand and supply curves for marijuana.
This paper assumes there would be no
change in the demand for marijuana.[4] This assumption likely errs in the direction
of understating the tax revenue from legalized marijuana, since the penalties
for possession potentially deter some persons from consuming. But any increase in demand from
legalization would plausibly come from casual users, whose marijuana use would
likely be modest. Any increase in use
might also come from decreased consumption of alcohol, tobacco or other goods,
so increased tax revenue from legal marijuana would be partially offset by
decreased tax revenue from other goods.
And there might be a forbidden fruit effect from prohibition that tends
to offset the demand decreasing effects of penalties for possession. Thus, the assumption of no change in demand
is plausible, and it likely biases the estimated tax revenue downward.
Under the assumption that demand
does not shift due to legalization, any change in the quantity and price would
result from changes in supply conditions.
There are two main effects that would operate (Miron 2003a). On the one hand, marijuana suppliers in a
legal market would not incur the costs imposed by prohibition, such as the
threat of arrest, incarceration, fines, asset seizure, and the like. This means, other things equal, that costs
and therefore prices would be lower under legalization. On the other hand, marijuana suppliers in
a legal market would bear the costs of tax and regulatory policies that apply
to legal goods but that black market suppliers normally avoid.[5] This implies an offset to the cost
reductions resulting from legalization. Further, changes in competition and
advertising under legalization can potentially yield higher prices than under
prohibition.
It is thus an empirical question as
to how prices under legalization would compare to prices under current
prohibition. The best evidence
available on this question comes from comparisons of marijuana prices between
the U.S. and the Netherlands. Although
marijuana is still technically illegal in the Netherlands, the degree of
enforcement is substantially below that in the U.S., and the sale of marijuana
in coffee shops is officially tolerated.
The regime thus approximates de
facto legalization. Existing data
suggest that retail prices in the Netherlands are roughly 50-100 percent of
U.S. prices.[6] [7] Canadian prices are plausibly already lower
than those in the U.S. because the degree of prohibition enforcement is also
lower.
The effect of any price decline that
occurs due to legalization depends on the elasticity of demand for
marijuana. Evidence on this elasticity
is limited because appropriate data on marijuana price and consumption are not
readily available. Existing estimates,
however, suggest an elasticity of at least -0.5 and plausibly more than -1.0
(Nisbet and Vakil 1972).[8]
[9]
If the price decline under
legalization is minimal, then expenditure will not change regardless of the
demand elasticity. If the price decline
is noticeable but the demand elasticity is greater than or equal to 1.0 in
absolute value, then expenditure will remain constant or increase. If the price decline is noticeable and the
demand elasticity is less than one, then expenditure will decline. Since the decline in price is unlikely to
exceed 50% and the demand elasticity is likely at least -0.5, the plausible
decline in expenditure is at most 25%.
Given the estimate of $1 billion in expenditure on marijuana under
current prohibition, this implies expenditure under legalization of at least
$0.75 billion.[10]
Tax
Revenue from Legalized Marijuana
To estimate the tax revenue that
would result from marijuana legalization, it is necessary to assume a
particular tax rate. This report
considers two assumptions that plausibly bracket the range of reasonable
possibilities.
The first assumption is that tax
policy treats legalized marijuana market identically to other goods. In that case tax revenue as a fraction of
expenditure would be approximately 35%, implying tax revenue from legalized
marijuana of $263 million.[11] The amount of revenue would be lower if
substantial home production occurred under legalization.[12] The evidence suggests, however, that the
magnitude of such production would be minimal.
In particular, alcohol production switched mostly from the black market
to the licit market after repeal of prohibition in 1933.
The second assumption is that tax
policy treats legalized marijuana similarly to alcohol or marijuana, imposing a
“sin tax” in excess of any tax applicable to other goods. Imposing a high sin tax can force a market
underground, thereby reducing rather than increasing tax revenue. Existing evidence, however, suggests that
relatively high rates of sin taxation are possible without generation of a
black market. For example,
cigarette taxes in many European countries account for 75–85 percent of the
price (US Department of Health and Human Services 2000).
One
benchmark, therefore, is to assume that an excise tax on legalized marijuana
doubles the price. If general taxation
accounts for 30% of the price, this additional tax would then make tax revenue
account for 80% of the price. This
doubling of the price, given an elasticity of -0.5, would produce a 50% decline
in quantity consumed, but since the price has doubled, it would cause a 50%
increase in revenue, implying total expenditure on marijuana would be $1.125
billion (=$750 x 1.5). Tax revenue
would equal 80% of this total, or $900 billion. This includes any standard taxation applied to marijuana income
as well as the excise tax on marijuana sales.
The
$900 million figure is not necessarily attainable given the characteristics of
marijuana production. Small scale, efficient production is possible
and occurs widely now, so the imposition of a substantial tax wedge would
probably drive a significant component of the market underground. The assumption of a constant demand
elasticity in response to a price change of this magnitude is also debatable;
more plausibly, the elasticity would increase as the price rose, implying a
larger decline in consumption and thus less revenue from excise taxation. The
$900 million figure should therefore be considered an upper bound.
These
calculations nevertheless indicate the potential for substantial revenue from
marijuana taxation. A more modest
excise tax, for example, might produce revenue on legalized marijuana of, say,
$400-$500 million per year.
Savings in Government
Expenditure from Marijuana Legalization
If marijuana were legal, federal, provincial and local
government would save the resources currently being used to arrest, prosecute,
and incarcerate marijuana offenders.
The magnitude of this saving is probably modest, however.
Existing estimates for the U.S.
(Miron 2004) indicate that that marijuana legalization would save $7.7 billion
per year in government expenditure on enforcement of prohibition ($5.3 billion
of this saving would accrue to state and local governments, while $2.4 billion
would accrue to the federal government).
Assuming a ratio of 10 to 1 to adjust of the difference between the U.S.
and Canada implies a savings for Canada for $0.77 billion.
This estimate is probably too large,
however. Office of the Auditor General
of Canada (2001) states that federal expenditure for control of illicit drugs
is $500 million per year, of which roughly 95% is for enforcement. In the U.S., Miron (2003) estimates that
federal expenditure for enforcement was $13.6 billion in 2002. The ratio is more than 25 to 1, rather
than just 10 to 1. Using the higher
ratio implies that savings in Canadian enforcement costs would be roughly $308
million.
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[1] A third possible rationale might be that marijuana demand is price inelastic, so that taxation has a small distortionary impact. Current evidence does not indicate that marijuana demand is price inelastic, however.
[2] And since advertising potentially raises costs,
allowing advertising can lead to a higher equilibrium price which is a positive
to those persons who think marijuana use should be discouraged even though
legalized.
[3] ONDCP (2001a, Table 1, p.3) estimates that in 2000 U.S. residents spent $10.5 billion on marijuana.
[4] To be explicit, the assumption is that there is no shift in the demand curve. If the supply curve shifts, there will be a change in the quantity demanded in the new equilibrium.
[5] The underlying assumption is that the marginal costs of evading tax and regulatory costs is zero for black market suppliers who are already conducting their activities in secret.
[6] MacCoun and Reuter (1997) report gram prices of $2.50-$12.50 in the Netherlands and $1.50 - $15.00 in the U.S. They speculate that the surprisingly high prices in the Netherlands might reflect enforcement aimed at large-scale trafficking. Harrison, Backenheimer, and Inciardi (1995) note that ONDCP data on drug prices in the U.S. are very similar to prices charged in Dutch coffeeshops. ONDCP (2001b) reports a price per gram for small-scale purchases of roughly $9 per gram in the second quarter of 2000, while EMCDDA (2002) suggests a price of 2-8 Euros per gram, which is roughly $6 on average. Various web sites that discuss the coffee shops in Amsterdam suggest prices of $5 - $11 per gram in recent years. These comparisons do not adjust for potency or other dimensions of quality.
[7] Clements and Daryal (2001) report marijuana prices for Australia that are similar to or higher than those in the United States. Since Australian marijuana policy is noticeably less strict than U.S. policy, this observation is consistent with the view that legalization would not produce a dramatic fall in price.
[8] The Nisbet and Vakil estimates that use survey data imply price elasticities of -0.365 or -0.51 in the log and linear specifications, respectively, while the purchase data implies price elasticities of -1.013 and -1.51. The estimates based on purchase data are plausibly more reliable. Moreover, as they note, these estimates are likely biased downward by standard simultaneous equations bias. Clemens and Daryal (1999) estimate a price elasticity of -0.5 for marijuana using Australian data. Estimates of the demand for “similar” goods (such as alcohol, cocaine, heroin, or tobacco) suggest similar elasticities.
[9] Pacula, Grossman, Chaloupka, O’Malley, Johnston and Farrelly (2000) summarize the literature on the relation between marijuana use and factors that can affect use, such as legal penalties. They conclude the evidence is mixed but overall indicates a moderate response of marijuana consumption to “price.” The papers summarized do not provide measures of the price elasticity. The results reported by Pacula et al. suggest an elasticity of marijuana participation between 0.0 and -0.5; this understates the total elasticity, which includes any change in consumption conditional on participation. The literature since Nisbet and Vakil is thus consistent with the elasticity estimate assumed above.
[10] This calculation assumes the demand elasticity is constant over the relevant range, which does not hold for all demand curves. So long as the price change is not dramatic, however, it provides a reasonable approximation.
[11] In 2001, total government receipts divided by GDP equaled 29.7%. See the 2003 Economic Report of the President on-line, http://w3.access.gpo.gov/usbudget/fy2004/pdf/2003_erp.pdf, Tables B-1 and B-92, pp. 276 and 373. Canadian taxes are higher as a percentage of GDP.
[12] Whether such production is illicit depends on the details of a legalization law. Plausibly, growing small amounts for personal use would not be subject to taxation or regulation, just as growing small amounts of vegetables or herbs is not subject to taxation or regulation.