A joint subcommittee of the Courts of Justice Committees of the Senate and House of Delegates, having been authorized to conduct a study of the possible need for a revision of Virginia's marijuana laws under Senate Joint Resolution No. 93, submits the following report as the product of its deliberations.

In 1972 the Virginia General Assembly adopted Senate Joint Resolution No. 60 which directed law enforcement agencies in Virginia to concentrate their efforts upon persons engaged in the trafficking of controlled substances and upon violations which involve the abuse of those drugs which present the greatest danger of harm to both the user and to society.

In September, 1975, the Joint Legislative Audit and Review Commission prepared a report entitled "Preliminary Evaluation of Virginia's Drug Abuse Control Program" which concluded that Virginia law enforcement agencies had failed to follow the directives of Senate Joint Resolution No. 60.

In support of that conclusion the JLARC report cites drug arrest statistics for both state and local law enforcement agencies which demonstrate a steady increase in the number of marijuana related arrests, stated as a percentage of all drug arrests. In 1971, approximately 43% of all drug arrests were marijuana related. By 1972, that figure had increased to 55%, and, following the adoption of Senate Joint Resolution No. 60, the figure increased to 69% in 1973 and to 77% in 1974.

The 1977 figures, which are the latest figures available, indicate that the percentage of marijuana related arrests has increased to 82% of all drug arrests made by local law enforcement agencies and 81.6% of all drug arrests made by the Virginia State Police. It is also significant to note that during 1977, 66% of all drug arrests were for marijuana possession. This figure is a composite of state and local law enforcement statistics.

In the City of Norfolk, during the most recent period for which figures are available, 80% of all drug arrests were for marijuana possession, and only 10% of all drug arrests involved substances other than marijuana.

Other significant findings of the 1975 JLARC report are:

1. 60% of all marijuana cases involve one ounce of the substance or less.

2. Law enforcement efforts have not had a significant impact on the availability or use of marijuana.

3. The money and manpower committed to controlling marijuana use greatly exceeds its social costs or potential for individual harm.

4. Nine out of ten marijuana users have never been arrested.

5. Marijuana does not lead to aggressive behavior or to crimes against persons or property.

6. There is no evidence to suggest that marijuana use necessarily leads to the use of other drugs.

Upon consideration of the foregoing JLARC findings and upon consideration of the ever increasing number of marijuana related arrests, stated as a percentage of all drug arrests, indicating the continuing failure of law enforcement agencies to comply with the directives of Senate Joint Resolution No. 60, the 1978 Session of the Virginia General Assembly adopted Senate Joint Resolution No. 93 offered by Senator Frederick C. Boucher and others.

Senate Joint Resolution No. 93 directs a Joint Subcommittee of the Senate and House of Delegates Committees for Courts of Justice to examine whether a change in criminal penalties for marijuana possession, distribution and possession with intent to distribute would have the effect of redirecting law enforcement efforts toward persons engaged in the trafficking or abuse of those drugs which present the greatest danger or harm to both the users and to society and to those persons distributing large quantities of marijuana.