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Cannabis prohibition in the United States
By Ann Smajstrla
Introduction – Policy Problem
Cannabis is the number-one most used illegal drug in the United States (“Random Facts”)
and is classified as a Schedule I drug by the federal government. Cannabis refers to the
marijuana plant, which is known to contain psychoactive compounds known as cannabinoids, the
best-known of these being tetrahydrocannabinol (THC). Marijuana has been the subject of much
political debate, especially after the most recent 2012 election.
Federal, state and local marijuana policy seems to overwhelmingly support a negative
view of marijuana. The Drug Enforcement Administration (DEA) said in 2006, “Legalization of
marijuana will come at the expense of our children and public safety.” The California-based
interest group Citizens Against Legalizing Marijuana say on their website, “California cannot
afford more stoned people. Especially stoned young people.”
What is the problem with cannabis? When smoked or otherwise ingested, the THC
compound causes change in perception, change in mood, increased heart rate, increased appetite
and consumption of food, lowered blood pressure and impairment of short-term and working
memory, psychomotor coordination and concentration – a state otherwise known as being
“high.” The psychoactive effects of THC are a mix of stimulant, depressant and hallucinogen
properties (Abood and Pertwee).
Although cannabis is not nearly as addictive as other illegal drugs (like methamphetamine
or heroin), or even alcohol (which is a legal substance), and doesn't have the same damaging
long-term effects as other illegal drugs (just look at pictures of a meth addict after a few years on
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the drug), it is still classified as a Schedule I drug by the federal government and is illegal nearly
everywhere in the United States.
Studies have found that alcohol and tobacco can be more harmful to the body than
cannabis (Anthis). Some have the opinion that this seemingly logical fallacy – that cannabis is
illegal when alcohol and tobacco, more damaging, are legal – has been perpetuated by public
ignorance and suspicion of the substance.
The 1936 propaganda film “Reefer Madness” is an example of the view many Americans
have, and have had for years, of marijuana. At the beginning of the film, the following text
appears:
“The motion picture you are about to witness may startle you. It would not be possible,
otherwise, to sufficiently emphasize the frightful toll of the new drug menace which is destroying
the youth of America in alarmingly increasing numbers. Marijuana is that drug – a violent
narcotic – an unspeakable scourge – The Real Public Enemy Number One!” (Reefer Madness)
Considering this, it is easier to understand how laws regarding marijuana in the U.S.
became so restrictive. Many people in past generations viewed the drug as “The Real Public
Enemy Number One!”
Recently, however, a few state governments have viewed marijuana as less of a “public
enemy” and have taken steps to make it more available to its citizens – whether that be through
making medical marijuana more accessible or making recreational marijuana legal (with certain
stipulations of course).
This paper will examine current marijuana policies put in place by the states, and will
offer a solution to how state governments should deal with the “problem” of marijuana.
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Current Policies
The DEA classifies marijuana as a Schedule I substance under the Controlled Substances
Act. A drug is classified as Schedule I when it is determined that “1, the drug or other substance
has a high potential for abuse, 2, the drug or other substance has no currently accepted medical
use in treatment in the United States, and 3, there is a lack of accepted safety for use of the drug
or other substance under medical supervision,” (“Legal Information Institute”). Other Schedule I
drugs include heroin and MDMA (also known as “ecstasy”).
Because of its Schedule I status, marijuana is illegal in the majority of states.
(Map of US state cannabis laws)
The above map illustrates where certain states stand on marijuana policy. Only Colorado
and Washington allow legalized cannabis. Some states allow marijuana for medical uses. A few
states have decriminalized marijuana possession. Some states have both medical and
decriminalization laws for marijuana. In the rest of the states (those colored gray on the map),
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marijuana remains illegal for any use, including medical purposes.
The next section of this paper will analyze the different policy approaches states take to
cannabis. In the interest of the length of this paper, only one state will be used as an example for
each policy. Keep in mind that although states may have similar policies, the actual policies vary
from state to state.
Legalized cannabis
In the 2012 election the state of Colorado passed Amendment 64: The Regulate
Marijuana Like Alcohol Act of 2012. The law applies to citizens aged 21 and older, and allows
citizens to cultivate up to three cannabis plants in a private space, to legally possess up to one
ounce of cannabis and to give as a gift up to one ounce to other citizens who are 21 or older
(“Campaign to Regulate Marijuana like Alcohol”). The amendment has yet to go into effect, as
the federal policy toward marijuana still makes it illegal.
Decriminalized cannabis
When a state decriminalizes cannabis, the policy stipulates that someone possessing or
using a small amount of the substance cannot be prosecuted. However, it is still illegal to possess
large amounts of cannabis. An example of a state with a decriminalized cannabis policy is
Connecticut. In 2011 the Connecticut state legislature passed a bill that would, “eliminate the
misdemeanor offense from possession of less than a half-ounce of marijuana. Rather than a
$1,000 fine and, a criminal record and possible jail time, offenders would pay a $150 fine for a
first offense and a fine ranging from $200 to $500 for subsequent offenses,” (“NBC
Connecticut”). Compare this consequence of possessing marijuana to the punishments of the
same offense in Texas, which will be discussed later.
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Legal medical cannabis
Cannabis has been found to be an effective medical treatment for several illnesses and
conditions. The most common ailments that cannabis is used to treat are arthritis, glaucoma,
nausea and multiple sclerosis (Green). Certain states allow a person to obtain a prescription from
a doctor to use cannabis for medical purposes. In 1996, California became the first state to
legalize medical cannabis (“Random Facts”).
A state where medical cannabis is legal is New Mexico, where the New Mexico
Department of Health has a Medical Cannabis Program. There are sixteen conditions that can
qualify a citizen to use medical cannabis, which includes hepatitis C, post-traumatic stress
disorder and HIV/AIDS. A citizen afflicted with one of these sixteen conditions can apply for the
Medical Cannabis Program. If they meet certain requirements (that vary based on the condition
of the citizen), the citizen receives an “enrollment card” that they can take to a state-sponsored
marijuana dispensary to receive their marijuana. Medical marijuana patients are allowed to
possess up to six ounces of marijuana, and grow up to 12 seedlings and four mature plants (“New
Mexico Medical Marijuana Community”).
Illegal cannabis
In the majority of states, the possession of any amount of cannabis for any purpose is
illegal. Punishments vary by state. Texas is one of these states in which cannabis is illegal. In
Texas, possessing two ounces or less of marijuana is a Class B misdemeanor that is punishable
by a minimum of 180 days in prison and a maximum $2,000 fine. The penalty, incarceration
length and fine amount increase with the amount of marijuana possessed (“norml.org”). Mere
possession of marijuana accounted for 97 percent of all marijuana-related arrests in Texas in the
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year 2007 (Gettman).
Opposition
Many who oppose marijuana legalization seem to be chiefly concerned with the effects
the substance has on users. They may worry that with the legalization of marijuana, a large
portion of the population will spend a great deal of their time getting high, and that could be
damaging to society.
Here are some common reasons people give for opposing marijuana legalization:
marijuana can be a “gateway drug” increasing the likelihood for someone to try harder drugs;
stoned driving and other dangers could be increased; legalization could make it easier for
marijuana to be obtained by children; marijuana legalization could lead to the legalization of
harder drugs, or all drugs (Messerli).
The “solution” that is proposed in the next section of the paper addresses common
concerns like these.
Solution
The proposed solution to the question of how marijuana should be treated by the law is
that it should be completely legalized, and should be treated the same way alcohol is (this was
the purpose of Amendment 64 in Colorado). State sovereignty is important, so each state should
individually make the decision about marijuana legalization as opposed to there being a federallevel law. In an ideal situation, however, every state should individually choose to legalize
marijuana.
Many of the concerns voiced by opponents of marijuana legalization can be prevented
through education. Parents, authority figures and adults in general should teach children
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responsible marijuana use in the same way children are currently taught responsible alcohol use.
In addition to teaching the dangers of drunk driving, the dangers of stoned driving should be
taught. The same should apply when it comes to underage drinking and underage marijuana use.
If someone abuses marijuana, or alcohol, it is that individual's fault – not the federal
government's.
Congressman Ron Paul has gained notoriety for his stance on marijuana legalization. He
writes in his book, Liberty Defined, “Government should not compel or prohibit any personal
activity when that activity poses danger to the individual alone. Drinking and smoking marijuana
is one thing, but driving recklessly under the influence is quite another. When an individual
threatens the lives of others, there is a role of government to restrain that violence,” (Paul, 195).
Like Paul says, many believe government should only intervene in the use of marijuana when
one person's use begins to cause violence to another person.
Reasons for legalization – lower crime rates
As mentioned before, opponents of drug legalization or decriminalization fear that these
policies could lead to rampant drug use and abuse. There are a few areas around the world that
have either decriminalized or legalized drugs, and widespread abuse has actually not been the
result.
In 2001, the European country Portugal decriminalized all drugs – not just cannabis. By
2011, drug abuse rates were cut in half. Some speculate this is because instead of incarcerating
drug users, the offenders were given treatment, which caused abuse rates to go down. “Currently
40,000 people in Portugal are being treated for drug abuse. This is a far cheaper, far more
humane way to tackle the problem. Rather than locking up 100,000 criminals, the Portuguese are
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working to cure 40,000 patients and fine-tuning a whole new canon of drug treatment knowledge
at the same time,” (Kain).
When it comes to cannabis, from 2001-2005 Portugal actually had “the absolute lowest
lifetime prevalence rate for cannabis,” compared to other countries in the European Union,
which “have rates that are double and triple the rate for post-decriminalization Portugal,” (“Drug
War Facts”).
I believe states in the U.S. should follow Portugal’s lead. If cannabis were legalized (or at
the very least, decriminalized), perhaps we would see fewer “pot heads” in the future. Instead of
spending time behind bars, those who seriously abuse the substance could get treatment and
learn how to use cannabis responsibly, or not use it at all. Incarcerating an offender is like just
treating symptoms of an illness. Giving an offender drug abuse treatment is like getting to the
root cause of the illness and taking measures to ensure it never returns.
A similar phenomenon recently occurred in California. In 2010, then-governor Arnold
Schwarzenegger signed a bill that reduced the punishment for possession of small amounts of
cannabis. The state subsequently saw a decrease in juvenile crime. “Between 2010 and 2011,
California experienced a drastic 20 percent decrease in juvenile crime--bringing the underage
crime rate to the lowest level since the state started keeping records in 1954...In that one-year
period, the number of arrests for violent crimes dropped by 16 percent, homicide went down by
26 percent and drug arrests decreased by nearly 50 percent,” (Sankin).
Reasons for legalization – the hemp industry
The Cannabis savita plant from which marijuana is derived can also be used to produce
hemp. Hemp is a very versatile material which can be used to make fibers (used to make
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clothing, rope, etc.), building materials, plastics, paper, fuel and more. Since marijuana was made
largely illegal in the United States, hemp was made illegal as well. According to the Hemp
Industries Association, “The U.S. is the only industrialized nation in the world that does not
recognize the value of industrial hemp and permit its production.”
The United States has a thriving cotton industry. The hemp industry would be a similar
fiber-producing industry. Perhaps if more states were to legalize cannabis and allow hemp to be
produced, the U.S. could tap into an industry with the potential to greatly boost the economy.
Reasons for legalization – the failure of alcohol prohibition
Many people liken today's prohibition of cannabis to the prohibition of alcohol in the
1920s. The Eighteenth Amendment to the United States Constitution went into effect on January
17, 1920, and stipulated that “the manufacture, sale, or transportation of intoxicating liquors
within, the importation thereof into, or the exportation thereof from the United States and all
territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.” The
Eighteenth Amendment transpired as a result of the temperance movement, which preached
about the damaging effects that alcohol could have on society. Activists in the temperance
movement believed outlawing the sale and purchase of alcohol would cause a reduction in the
use of alcohol, and thus a reduction in alcoholism.
The actual effect of the Eighteenth Amendment was quite different than what the activists
of the temperance movement intended. Government spent vast sums of money on unsuccessful
attempts to eliminate the alcohol supply. Furthermore, “The criminal justice system was
swamped...Prisons were crowded and court dockets backlogged in trying to deal with the rapid
expansion of crimes that had no readily identifiable victims. The vast scale of new criminal
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activity supported the expansion of organized crime, as well as widespread corruption among
those charged with enforcing unpopular laws,” (Heath, 8). The bootlegging business flourished
and the American Mafia heavily profited. The Eighteenth Amendment was done away with on
December 5, 1933 with the ratification of the Twenty-First Amendment.
In a nutshell, outlawing alcohol did not eliminate problems with alcoholism or even
reduce them; the Eighteenth Amendment instead proliferated alcohol-related problems. If alcohol
prohibition didn't solve the “problem” of alcohol, why would cannabis prohibition solve
problems posed by marijuana use? Another quote from Congressman Paul seems appropriate for
this question, “We seriously mistake the function of government if we think its job is to regulate
bad habits or supplant the role of all those subsidiary bodies in society that have responsibility
for forming our moral character,” (Paul, 125).
Conclusion
Cannabis is illegal in much of the United States, although recently there have been
successful efforts to legalize it in certain states. While in most states marijuana is illegal for any
use, some states allow medical marijuana, some states take a decriminalized attitude toward
marijuana, and some states allow both medical marijuana and decriminalization. An effective
approach by state governments to marijuana would be to legalize marijuana and treat its abuse
with the same policies in place to treat alcohol abuse. Legalization of marijuana is a good idea
because it could lead to a profitable hemp industry and lower crime rates. Furthermore, alcohol
prohibition of the 1920s proved ineffective, and cannabis prohibition is no different.
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Works Cited
"21 USC § 812 - Schedules of controlled substances."Legal Information Institute. Cornell
University Law School. Web. 1 Dec 2012.
<http://www.law.cornell.edu/uscode/text/21/812>.
"31 Random Facts about Marijuana." Random Facts. N.p., 27 Feb 2009. Web. 1 Dec 2012.
<http://facts.randomhistory.com/2009/02/27_marijuana.html>.
Abood, M. E., and R. G. Pertwee. Cannabinoids. Springer Verlag, 2005. Print.
"Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012." Campaign to Regulate
Marijuana like Alcohol. N.p.. Web. 1 Dec 2012.
<http://www.regulatemarijuana.org/s/regulate-marijuana-alcohol-act-2012>.
Anthis, Nick. "Study Finds Alcohol and Tobacco More Harmful than Marijuana, LSD, or Ecstasy
(Revisited)."The Scientific Activist. Science Blogs, 23 2007. Web. Web. 2 Dec. 2012.
<http://scienceblogs.com/scientificactivist/2007/03/23/study-finds-alcohol-and-tobacc1/>.
"Facts." Hemp Industries Association. N.p., n.d. Web. 1 Dec 2012.
<http://www.thehia.org/facts.html>.
Gettman, John. "Marijuana in Texas." drugscience.org. The Bulletin of Cannabis Reform, 19
2009. Web. 1 Dec 2012. <http://www.drugscience.org/States/TX/TX.pdf>.
Green, Johnny. "The Most Common Medical Uses of Marijuana." The Weed Blog. N.p., 12 Jan
2012. Web. 1 Dec. 2012. <http://www.theweedblog.com/the-most-common-uses-formedical-marijuana/>.
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Heath, Dwight B. "The Brown University Digest of Addiction Theory & Application." Brown
University Digest of Addiction Theory & Application. 28.3 (2009): 8. Web. 2 Dec. 2012.
Kain, Erik. "Ten Years After Decriminalization, Drug Abuse Down by Half in Portugal." Forbes.
N.p., 05 2011. Web. Web. 2 Dec. 2012.
<http://www.forbes.com/sites/erikkain/2011/07/05/ten-years-after-decriminalizationdrug-abuse-down-by-half-in-portugal/>.
Map of US state cannabis laws. 2012. Wikipedia. Web. 1 Dec 2012.
<http://en.wikipedia.org/wiki/File:Map-of-US-state-cannabis-laws.svg>.
"Marijuana Decriminalization Bill Passes." NBC Connecticut. Associated Press, 08 June 2011.
Web. 1 Dec 2012. <http://www.nbcconnecticut.com/news/politics/MarijuanaDecriminalization-Bill-Passes-123381848.html>.
Messerli, Joe. "Should Marijuana be Legalized under any Circumstances?."
BalancedPolitics.org. N.p., 06 Aug 2011. Web. 2 Dec. 2012.
"Patient Information." New Mexico Medical Marijuana Community. N.p.. Web. 1 Dec 2012.
<http://nmmmj.com/marijuana-law/patients/>.
Paul, Ron. Liberty Defined, 50 Essential Issues That Affect Our Freedom. New York: Grand
Central Pub, 2012. Print.
"Portugal – Data." Drug War Facts. Common Sense for Drug Policy. Web. 2 Dec 2012.
<http://drugwarfacts.org/cms/?q=node/1219>.
Reefer Madness. Dir. Louis J. Gasnier. George A. Hirliman Productions, 1936. DVD.
Sankin, Aaron. "California Marijuana Decriminalization Drops Youth Crime Rate To Record
Low: Study." Huff Post San Francisco. Huffington Post, 29 Nov 2012. Web. 2 Dec. 2012.
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<http://www.huffingtonpost.com/2012/11/28/california-marijuana-decriminalization_n_2205997.html?utm_hp_ref=mostpopular>.
"Texas Penalties." norml.org. National Organization for the Reform of Marijuana Laws. Web. 1
Dec 2012. <http://norml.org/laws/item/texas-penalties-2?category_id=888>.