Afnaan Moharram (D) – New York
Senate Committee on the Judiciary
Position Paper
Topic 1: Legalization of Marijuana
Narcotics have caused many problems, including the on-going Mexican drug war.
Excluding politics, they are hazardous to our health, but to varying degrees. Cocaine, crystal
methamphetamine, and heroin are among those that are quite deleterious, but the legalization
marijuana, a drug that has limited consequences, has been a controversial topic for some time
now.
Under the Controlled Substance Act of 1970, marijuana is illegal, but until 2005, in the
Supreme Court case Gonzales v. Raich, the use of marijuana for medical purposes was legal in
some states. This drug is a Schedule One drug, which means that is it often obtained and abused.
In order to follow the law, anyone who is found possessing or using marijuana is given a certain
punishment (usually jail time). However, there are many such individuals, and states spend too
much money enforcing these laws. In order to lower costs during this recession, and to mitigate
the pain of those suffering from life-threatening diseases, New York Democrats favor the
legalization of marijuana for medical purposes.
Marijuana in general, but especially when it is used medicinally, it is not very harmful.
As Joycelyn Elders, a former US Surgeon General, said, "The evidence is overwhelming that
marijuana can relieve certain types of pain, nausea, vomiting and other symptoms caused by such
illnesses as multiple sclerosis, cancer and AIDS -- or by the harsh drugs sometimes used to treat
them. And it can do so with remarkable safety. Indeed, marijuana is less toxic than many of the
drugs that physicians prescribe every day.”1 Besides the lack of serious consequences, medicinal
marijuana can actually benefit those who are terminally ill. In his "Short-Term Effects of
Cannabinoids in Patients with HIV-1 Infection," Dr. Donald Abrams stated: "Patients receiving
cannabinoids [smoked marijuana and marijuana pills] had improved immune function compared
with those receiving placebo. They also gained about 4 pounds more on average than those
patients receiving placebo."1
Before the Supreme Court case ruling in Gonzales v. Raich, medical marijuana was legal
in nine states. However, this decision has caused the government to spend a huge amount of
money to enforce it: sometimes more than $15 billion annually2. This, of course, excludes
regular taxpayer money that helps keep inmates in prison. If the country were not already in
great debt, it may have been acceptable to squander such a large amount. Since this is not the
case, we must think of any means to lower our debt; if this means legalizing a narcotic that is not
very injurious in order to save a dozen billion dollars yearly, so be it.
It is overt that New York Democrats have begun to favor medical marijuana use. In June
of 2007, Former Governor Eliot Spitzer announced that he would be “open” to the idea of
1
"Top 10 Pros and Cons: Should Marijuana be a Medical Option?" MedicalMarijuana.ProCon.org. Pro Con. 8 Apr.
2009 < http://medicalmarijuana.procon.org/viewresource.asp?resourceID=000141 >.
2
Gettman, Jon, and Paul Armentano. "NORML Report on U.S. Domestic Marijuana Production." Oct. 1998. The
National Organization for the Reform of Marijuana Laws. 10 Apr. 2009
<http://norml.org/index.cfm?Group_ID=4444#prohibcost >.
legalizing it3. Even earlier, in 2005, lawmakers were about to legalize medical marijuana when
Gonzales v. Raich made it permissible for the federal government to prosecute cases against
individuals who used marijuana for medical reasons in a state that allowed it. 3
Still in favor of medical marijuana, but determined to abide by federal law, New York
officials have tried to set measures that would allow marijuana users to be on their own. They
could grow up to 12 marijuana plants or possess a maximum of two and a half ounces of the
harvested form of the drug. However, individuals would have to obtain the original marijuana
before they grow it in a legal fashion. Such methods would include giving it away rather than
selling it.3
The actions of the state of New York also reflect a changing public opinion. One third of
Americans support the legalization of marijuana, and an even greater number, eighty percent of
the population, believes that it should be allowed for medical purposes. Seeing as democracies
are meant to reflect the will of the people, it seems only logical that if the majority of the
population wishes that something be legal, and if it is not too harmful, then it should be dealt
with accordingly. A major inclination that this belief is practical can be seen in the intentions of
our new Administration; unlike Former President Bush, President Obama and his administration
plan to eliminate raids on medical marijuana dispensaries in states where they are legal. 4
3
"Spitzer Is Open to New York Legalizing Medicinal Marijuana." Marijuana Policy Project. 13 June 2007.
Marijuana Policy Project. 1 Apr. 2009 < http://www.mpp.org/states/new-york/news/spitzer-is-open-to-newyork-lega.html >.
4
Piper, Bill, and Tony Papa. "Attorney General Eric Holder Says Obama Administration Will End Bush’s Policy of
Arresting Medical Marijuana Patients and Providers." Drug Policy Alliance Network. 26 Feb. 2009. Drug
Marijuana should be legalized for medical purposes in order to maintain good public
opinion and use our money for more pressing issues than enforcing marijuana laws. At a time
when our financial system is quite shaky and people are worried about being laid off, whether
marijuana should be legalized should not be such a controversial topic.
Policy Alliance Network. 31 Mar. 2009
<http://www.drugpolicy.org/news/pressroom/pressrelease/pr022609.cfm >.
Works Cited
Gettman, Jon, and Paul Armentano. "NORML Report on U.S. Domestic Marijuana Production."
Oct. 1998. The National Organization for the Reform of Marijuana Laws. 10 Apr. 2009
<http://norml.org/index.cfm?Group_ID=4444#prohibcost>.
"Marijuana Legalization Could Bring Billions to States." The Legalization of Marijuana. 3 Mar.
2009. The Legalization of Marijuana. 1 Apr. 2009
<http://www.thelegalizationofmarijuana.com/2009/03/03/marijuana-legalization-couldbring-billions-to-states/>.
"Medical Marijuana." Drug Policy Alliance Network. Drug Policy Alliance Network. 31 Mar.
2009 <http://www.drugpolicy.org/marijuana/medical/>.
"New York is Close to Legalizing Medical Marijuana." LIVESTRONG.com. 14 June 2007.
LIVESTRONG. 1 Apr. 2009 <http://www.livestrong.com/health-article/new-york-isclose-to-legalizing-medical-marijuana_cb2377f4-1d6b-eb45-3756-88f72189f864/>.
Piper, Bill, and Tony Papa. "Attorney General Eric Holder Says Obama Administration Will End
Bush’s Policy of Arresting Medical Marijuana Patients and Providers." Drug Policy
Alliance Network. 26 Feb. 2009. Drug Policy Alliance Network. 31 Mar. 2009
<http://www.drugpolicy.org/news/pressroom/pressrelease/pr022609.cfm>.
"Spitzer Is Open to New York Legalizing Medicinal Marijuana." Marijuana Policy Project. 13
June 2007. Marijuana Policy Project. 1 Apr. 2009 <http://www.mpp.org/states/newyork/news/spitzer-is-open-to-new-york-lega.html>.
"Top 10 Pros and Cons: Should Marijuana be a Medical Option?"
MedicalMarijuana.ProCon.org. Pro Con. 8 Apr. 2009
<http://medicalmarijuana.procon.org/viewresource.asp?resourceID=000141>.