Legalization of Marijuana - Essay Example

Legalization of Marijuana Although the of marijuana legalization isn’t high on the list of topics debated or even mentioned among the candidates for President this election season it remains an important issue. Criminalization of this “soft” drug is causing several harms to individuals and society as a whole. Health care, by contrast, is a hot topic in the country. Allowing marijuana to be freely consumed would help drive down costs and alleviate pain for millions who suffer a variety of maladies. Taxing the sale of marijuana would add billions of dollars to a cash-strapped nation and ease the tax burden of individuals. Legalization also would allow law enforcement officials to concentrate more on violent crimes and alleviate prison overcrowding, a move that would keep violent criminals in jail instead of being paroled early. In the land of the free, its citizens should be free to engage in pursuing happiness as they see fit as long as it does no harm to others without fear of government over-reach. A legal system that allows alcohol and tobacco consumption should also allow a product that, unlike those products, does not cause deaths and is not physically addictive. Just as alcohol prohibition did not work as intended, neither is marijuana prohibition, both doing much harm and little good. The reasons to legalize far outweigh the justifications not to as this discussion will address. Youths understand that alcohol and tobacco are much more dangerous substances than marijuana yet are legal for adult consumption. This hypocritical and illogical circumstance causes them to lose respect for the law as a whole. Decriminalization of marijuana might be a positive, reasonable compromise or first step. Use of the plant is not going to stop just because it’s illegal therefore regulating its use instead of criminalizing it makes sense. Decriminalization is an often misunderstood term especially as it applies to marijuana. This method would involve two phases. First, allow marijuana to be legal on a limited basis and not make criminals out of otherwise law abiding adults. Second, reason and logic should reign when deciding substance abuse strategies. The government should divert money now spent on the failed “War on Drugs” to drug rehabilitation centers and educating the public on more dangerous substances including alcohol and tobacco. According to U.S. Representative Barney Frank “In my view, having federal law enforcement agents engaged in the prosecution of people who are personally using marijuana is a waste of scarce resources better used for serious crimes.” (“Rep. Frank,” 2008). Prohibition laws should be scrutinized to establish the cost-to-benefit relationship. As it stands now the costs are high in terms of wasted revenues, loss of personal liberties and the many detriments caused by an overcrowded prison system. There are no benefits of the present system which is why it must be changed. In Canada, marijuana is not legal but the laws are largely ignored by both law enforcement officials and the court system which has determined the laws have no merit. Medical marijuana is legal with restrictions and some exceptions. From the Canadian experience we know that the cost to produce government grown marijuana is approximately 33 cents per gram. Consumers in the U.S. pay varying amounts but the price can exceed $5 per gram. The profit margin is enormous. The government could make obscene amounts of revenue on the sale alone in addition to taxing the product therefore easing the total tax burden on businesses and individuals. The money could be used to help fund health care, infrastructure projects, education and many other government sponsored programs. Government would, in essence, be reassigning revenue formerly going to drug cartels into the public coffers. (Easton, 2010) Those who do not favor legalization are concerned that more people, particularly youths, will use marijuana because it will be more widely accessible. Keeping marijuana illegal inflates the price making it more cost prohibitive therefore fewer people can afford to buy it. Fewer kids will experiment and avoid the many dangers of use including both physical and psychological addiction. Alcohol and tobacco are already legal and will likely remain that way so why allow yet another harmful substance into society? Legalizing acts to legitimize the substance in people’s minds. Proponents of legalization argue that adults in a free society should be free to make choices that affect their lives as long as those choices do not negatively affect anyone else. This common sense theory is hardly a radical or new concept but has been lost in the discussion. Both alcohol and tobacco use has a great potential to cause harms to others unlike marijuana. “If marijuana stimulated aggression or was addictive and expensive enough to lead users to engage in crime to finance their habits, the state might treat marijuana possession as an inchoate crime akin to reckless driving, possession of burglarious implements, or other acts that threaten imminent and serious harm. But no one can reasonably argue that marijuana generally causes its users to engage in crime, and ample research shows that it does not.” (Blumenson, Nilsen, 2010 pg. 284). Currently, marijuana used for medical purposes is legal in 16 states and Washington D.C. while 18 states have legislation pending. Delaware is the most recent state to legalize medical marijuana joining New Jersey, New Mexico, Maine, Vermont, California, Alaska, Michigan, Arizona, Colorado, Hawaii, Montana, Washington, Nevada, Oregon and Rhode Island. However, federal government laws supersede state laws. Therefore, no matter what the particular state law allows, patients cannot legally use it or possess it and doctors cannot legally prescribe it. Many thought that a Democrat occupying the White House would mean a more tolerant approach to medical marijuana but that hasn’t necessarily been the case. “While the Obama administration has signaled some leeway when it comes to medical marijuana, raids on dispensaries and growers by law enforcement agencies are still common.” (“Marijuana,” 2012). Though states are steadily legalizing medical marijuana, the possession, use or sales of the plant is still a federal crime. Federal sentencing guidelines are generally much stricter than state statues. This is a contradictory and confusing circumstance. Though the federal government has eased its stance on marijuana dispensaries it still shuts them down on a seemingly random basis. While a person’s state has no issue with its citizens using marijuana, a federal officer can arrest them and lock them away for a long time, a practice which has not and will not stop marijuana use. Enforcement acts to make sick persons criminals while the medical benefits are widely acknowledged, even by entities of the federal government. “In July 2010, the Department of Veterans Affairs announced that it would formally allow patients treated at its hospitals and clinics to use medical marijuana in states where it is legal, a policy clarification that veterans had sought for several years.” (“Marijuana,” 2012). Patients who are battling cancer with chemotherapy sessions experience nausea and discomfort caused by the treatment. Doctors prescribe medications to help ease these symptoms but marijuana has often been recommended as more effective. It is also a more natural alternative to conventional medicines. Many ailments are treated successfully with marijuana. It eases the pain of arthritis and has been demonstrated as very effective in curbing the painful symptoms of ulcerative colitis and other bowel disorders. Persons who must endure the flare-ups associated with bowel diseases have few traditional medical choices, all of which have negative side-effects. Marijuana provides substantial relief without causing other issues for the patient. “Pain is one of the major functions of the [bodys] endocannabinoid and cannabinoid receptor system, so it makes sense that cannabis is useable for pain syndromes,” (Calabro, 2011). For these sufferers, weight loss and malnutrition is a constant issue as would be expected. It’s also a problem for HIV/AIDS patients. Anyone who had heard the term “munchies” understands that marijuana is useful in stimulating a user’s appetite. Marijuana contains properties that allow for the greater effectiveness of medical treatments without having to prescribe additional drugs to counteract its side effects. Using Marijuana can lessen the need for or replace more harmful drugs for many conditions including: chronic pain, nausea, Epilepsy, Muscle spasms, Glaucoma, Multiple sclerosis, Cachexia (wasting syndrome), Hepatitis C, Seizures, Depression, Eczema and Neuropathy among many others. (“Medical,” 2010). Critics of legalizing marijuana admit that its use may ease symptoms in some cases but the health risks associated with inhaling smoke more than offsets any medical benefits. They point to lung cancer as possible outcome to heavy use or a long period of time. The link between heavy marijuana use and cancer has yet to be proven but the fear of a possible connection is understandable. Marijuana is also suspected of decreasing sperm counts and testosterone levels in men who use heavily though this remains an unproven theory as well. Marijuana has been proven to be psychologically addictive, slow the senses and contribute to anxiousness. The contention that its use could lead to more harmful drugs which certainly would cause severe health risks is also unfounded. It’s not clear whether smoking marijuana instigates harder drug use or those who begin using marijuana are simply the people who are more open to experimentation, such as trying drugs. (Chakraburtty, 2010) Not a single death can be attributed to the use of marijuana. It is not physically addictive as is most every other illegal drug in addition to tobacco and alcohol. All other illegal drugs and alcohol can be lethal by overusing the substance. The nicotine in cigarettes is poisonous. Its continued use is very deadly. The harms caused by marijuana involve the criminalization of the substance. The inflated price of marijuana due to its prohibition attracts the criminal element which spawns violence related to the distribution of the drug. The lack of economic opportunities forces more people into criminal activity, particularly those living in traditionally depressed communities. The trafficking of drugs is a major social problem. Prohibition is the root cause of most criminal activities associated with drugs. It took alcohol prohibitionists half a century to legally force their will on the nation but just 11 years to repeal it. Alcohol prohibition failed spectacularly for the same reasons marijuana laws have. Prohibition was not, despite what the Temperance Movement advocated, the solution to alcohol-related evils. The law was unenforceable and encouraged an increase of organized crime activities along with the associated violence. It made criminals of otherwise law-abiding citizens as well as poorly paid policemen who accepted bribes to ignore alcohol being delivered and drank at “speak easies.” By decriminalizing marijuana and regulating its sale, prison populations would be reduced by nearly half thus disallowing violent criminals to be freed early due to overcrowding. In addition, fewer tax dollars would be needed to house prisoners and maintain facilities. Trying to reduce marijuana use by criminalizing it is counterproductive and causes many more harms to society than it cures. “The result of Prohibition should have been instructive: People tended not only to drink more and more highly alcoholic beverages, but they also tended to lose their respect for the law in general.” (Dwyer, 2011). The space created in the nation’s prison and jails could be used to house and hold onto a greater number of violent criminals which law enforcement would have more time and resources to capture if marijuana were legal. In the opinion of those who defend the War on Drugs, if marijuana were legalized it would send a dangerous message to youths that using it is acceptable and essentially harmless. Its use would therefore greatly increase followed by a cultural phenomenon involving hell and hand baskets. That has long been their position though it is strongly refuted by the evidence. One example of many is the nation of Portugal which decimalized all drugs about a decade ago, time enough to reach conclusions as to the bold strategy’s effectiveness. Portuguese health care professional have said the county’s decision to treat addicts and decriminalize drug use has worked well. Cases of drug abuse have been reduced by 50 percent. According to the President of the Institute of Drugs and Drugs Addiction, Dr. Joao Goulao, “There is no doubt that the phenomenon of addiction is in decline in Portugal. The number of addicts considered ‘problematic,’ those who repeatedly use ‘hard’ drugs and intravenous users had fallen by half.” (Kain, 2011). Goulao said other factors played a role in the nation’s common sense approach to drug use. “This development can not only be attributed to decriminalization but to a confluence of treatment and risk reduction policies.” (Kain, 2011). This experiment worked well but these inventive treatment methods could not have been possible if drug users had continued to be picked up and incarcerated instead of having the option of being treated by health care providers, both medical and psychiatric. At present 40,000 Portuguese citizens are being are being helped by drug treatment facilities. This approach is a far less expensive and a far more compassionate way to deal with the situation. Instead of imprisoning approximately 100,000 people, the Portuguese are helping to restore the health of 40,000 patients and discovering new methods of drug treatment. (Kain, 2011). The War on Drugs is a battle the American people are fighting against themselves and are losing. The benefits of marijuana legalization are many and the risks few, if any. Legalization takes the immense monetary gain out of the equation which reduces organized crime activities, the same as alcohol prohibition repeal. An ever-growing number of states are legalizing marijuana for medicinal purposes, a compassionate and reasonable act. The law, as it stands, is unenforceable and nonsensical which fosters disrespect for the law in general, a major failing for a nation built on laws. If history teaches us anything it’s that people rarely learn from history, a reality that is no better illustrated than by marijuana prohibition laws. References Blumenson, Eric & Nilsen, Eva. (January 1, 2010). “Liberty Lost: The Moral Case for Marijuana Law Reform. Vol. 85 issue 1” Indiana Law Journal Retrieved March 28, 2012 from < http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1073&context=ilj> Calabro, Sara. (April 4, 2011). “Medical Marijuana for Chronic Pain.” Everyday Health Retrieved March 28, 2012 from Chakraburtty, Amal, MD. (March 08, 2010) “Marijuana Use and Its Effects.” WebMD Retrieved March 28, 2012 from Dwyer, Todd. (October 15,2011). “Prohibition and Americans: Legalizing marijuana, like alcohol, is the rational thing to do.” Urbana-Champaign Independent Media Center. Retrieved March 28, 2012 from < http://ucimc.org/content/prohibition-and-americans-legalizing-marijuana-alcohol-rational-thing-do> Easton, Stephen. “Legalize Marijuana for Tax Revenue.” (2009). Bloomberg Businessweek Retrieved March 28, 2012 from Kain, Erik. (July 5, 2011). “Ten Years After Decriminalization, Drug Abuse Down by Half in Portugal.” Forbes Retrieved March 28, 2012 from “Marijuana and Medical Marijuana.” (January 26, 2012) New York Times Retrieved March 28, 2012 from “Medical Cannabis Working Group Report To The Hawaii State Legislature” (February 20, 2010). Retrieved March 28, 2012 from “Rep. Frank introduces marijuana decriminalization bill” (April 17, 2008). Politico Retrieved March 28, 2012 from < http://www.politico.com/blogs/thecrypt/0408/Rep_Frank_introduces_marijuana_decriminalization_bill.html> Read More