Applying Turk’s Conflict Theory to the Evolution of Marijuana Legislation

• In Event: Theoretical Perspectives in Critical Criminology

Abstract

Largely as a response to societal circumstances during the Vietnam War, Austin Turk proposed a version of conflict theory that he called a “theory of criminalization.” This theory attempted to explain why certain behaviors were prohibited and others were not. Turk believed that one of the most likely predictors of whether a behavior would be criminalized was the level of sophistication and organization of the people who wanted a behavior prohibited versus those who wanted a behavior to remain legal. Turk’s theory can easily be applied to the evolution of marijuana legislation. The first marijuana laws were created in a “Reefer Madness” era, where moral entrepreneurs were able to essentially create mythology about marijuana that resulted in a prohibition era for the plant. As time went on and defenders of marijuana became more sophisticated, supporters of marijuana prohibition have had to constantly change their tactics to maintain prohibition. These ebbs and flows have led to an era of prohibition, to decriminalization, to prohibition, to medicalization and now to an era of potential legalization.

Author

• O. Hayden Griffin, III, University of Alabama at Birmingham