During a 1977 Drug Abuse Message to the Congress, President Jimmy Carter said the
following statement regarding marijuana: “Penalties against possession of a drug should not be
more damaging to an individual than the use of the drug itself; and where they are, they should
be changed.”[10] Well said, President Carter. He realized marijuana laws were unjust. They still
are; they punish people for using an herb that defines part of our culture and label these people as
criminals even if they have caused no harm to society. Marijuana has received a bad image in
American culture and its prohibition leads people to deceitfully believe that it is a dangerous
drug not different from cocaine, heroin, LSD, and other substances synthetic drug users often
abuse. Many people are against it because those deceiving anti-drug organizations got to them.
These corporations (DARE, Drug Free America, Above The Influence, etc.) target little children
and scare them away from all drugs. Unfortunately marijuana is included, and since it is so
frequently used, it is the most common drug these organizations advise against. Marijuana is a
medicine for both the terminally ill and actively healthy. There are many illnesses that can be
effectively treated through its use. There are also many legal issues that would be eliminated if it
was legalized like it once was. Marijuana has had a deep and problematical history; from a drug
that was legal and encouraged throughout this nation’s upbringing to a Schedule One controlled
substance that could now land a person twenty years in federal prison.[8] Twenty years for
possessing a drug that does such an unsubstantial amount of physical or mental harm to the user
seems a bit unreasonable.
Criminalizing marijuana had resulted from some of the most ridiculous propaganda in
American history, much of it implemented in the 1930s. It was based on lies and distortion; a
movement managed partially by Harry J. Anslinger, the commissioner of the Federal Bureau of
Narcotics in the early 30s, who once said: “Marihuana leads to pacifism and communist
brainwashing. You smoke a joint and you’re likely to kill your brother.” [15] Criminalizing
marijuana has fueled this economically and socially devastating War on Drugs. It has caused
negative economic consequences and ethical problems, and has delayed the humane and
effective use of medical marijuana. Nearly a century later, thousands of Americans are facing
the consequences of a law that should have never been put into decree. This is 2011; it is time to
implement a more progressive policy towards marijuana legalization.
Before the United States became a nation, the landowners who resided on the land which
is now U.S. territory were required by law to grow hemp. George Washington grew hemp as one
of his primary crops, and encouraged others to do the same. At that time, there were no
restrictions on cultivating, possessing, or distributing marijuana. Around 1850, the distribution
of medical marijuana in American pharmacies began, as did all the legal issues I mentioned
earlier. Admittedly, the new regulations were rational, (prohibiting sales to minors, restricting
refills) but they labeled medical marijuana as “poison.”[2] U.S. politicians continued to strengthen
poison laws in the early 1900s, limiting marijuana sales to pharmacies, requiring a doctor’s
prescription, and passing the Pure Food and Drug Act. This law put marijuana in the same
category as alcohol, cocaine, heroin, morphine, and other narcotic drugs, requiring them to be
properly labeled with contents and dosage.[2] Soon after, specific states began reforming
legislation; New York restricted sales and prohibited doctors from prescribing marijuana to
patients, labeling it as a “habit-forming drug.” Many other states followed in the years to come;
by 1930, every state had some regulation on marijuana.[5] Marijuana faced the most scrutiny
when the Federal Bureau of Narcotics was formed in 1930 in a governmental attempt to outlaw
all recreational drugs. The agency was, however, ill-informed as Commissioner Anslinger
claimed that marijuana “caused people to commit violent crimes and act irrationally and overly
sexual.” [12] Prior to all the research which proved otherwise, marijuana laws became even
harsher. The Marihuana Tax Act of 1937 made possession and distribution of marijuana illegal,
excluding medical use which now required an excise tax. The decision to pass this law was
based on lies and distortions. Anslinger ran a campaign against marijuana which included a
renowned newspaper company criticizing marijuana and highlighting connections between
marijuana use and violent crime. The Federal Bureau of Narcotics noticed an increase in
marijuana use between 1936 and 1937, and used that as a basis to pass the law. Altogether, the
1930s were a time of hysteria surrounding Anslinger’s Marihuana Tax Act. A 1936 propaganda
film entitled Reefer Madness was an exploitation project which attempted to show parents the
dangers of cannabis use. The film didn’t gain a large audience until it was rediscovered in the
1970s. It comprises a car accident, rape, a person accidentally shooting another due to
hallucinations, and another jumping out of a window to her death. The film attributes all aspects
of insanity to marijuana use. The story is told in bracketing sequences at a lecture given by a
high school principal who says: “…and more vicious, more deadly, even than these soul
destroying drugs (heroin, morphine), is the mammoth of marijuana.” Anyone who watches this
film today would think it is utterly ridiculous. In 1969, the Supreme Court ruled the Marihuana
Tax Act unconstitutional as it violated the Fifth Amendment. (Finally, some progressive
thinking.) The Controlled Substances Act was subsequently passed and the DEA and FDA were
asked to determine which substances should be encompassed in the new law. Naturally, they
included marijuana. (Did I say progressive thinking?) In the years that followed, there were a
number of attempts by particular states to have marijuana legalized or decriminalized for
medical, and in some cases, non-medical use. One of the few proposals that passed was
Proposition 215 which legalized medical marijuana for seriously ill patients in California.
However, Supreme Court case Gonzales vs. Raich gave Congress the power to criminalize the
production and use of marijuana, even if the state approves it for medical use.[14] This is where
we stand today: a nation that fails to understand how unhazardous marijuana actually is; a nation
that doesn’t realize that thousands of ill patients could benefit from the legalization of this herb,
this medicine; a nation that is wrongfully including marijuana in this “war on drugs.”
The War on Drugs, a term coined by President Nixon, is now a continuance of drug
prohibition policies which began taking effect in 1914. It includes many great policies that
prevent the distribution, cultivation, and trafficking of dangerous drugs into the country. The
U.S. gives hundreds of millions of dollars every year to Columbia for military aid which is used
to combat against leftist guerrilla groups known for trafficking drugs into the U.S. As far as the
domestic policy goes, some substantial changes need to be implemented. 225,000 Americans are
incarcerated every year for possessing marijuana. That’s the fourth most common cause of arrest
in the U.S. Busting people for possessing marijuana is a huge diversion for police officers, who
are supposed to keep the society free of criminals, but are forced to arrest people for possessing a
drug that shouldn’t be illegal in the first place.
President Carter made a good point when he said penalties against the possession of
marijuana are far more damaging than the drug itself. Possession of marijuana can be treated as
either a misdemeanor or felony depending on the person’s criminal record. A misdemeanor can
result in up to one year in jail and $2,000 fine. A felony could mean a prison sentence of ten
years and up to $5,000. [8]. So what would happen if marijuana was legalized? Would our
society become full of potheads and drug lords? Would it “produce in its users insanity,
criminality, and death” as Anslinger once said?[15] Let’s take Robert Platshorn’s story for
instance. He is a former marijuana smuggler and was the leader of the Black Tuna Gang, the
largest marijuana-trafficking organization in the 1970′s. Two years after he retired from
smuggling, he was employing over 90 workers in a number of small businesses. Platshorn was
arrested and spent the following 29 years in prison, becoming America’s longest serving nonviolent prisoner of the War on Drugs. Upon his release, he began working with NORML and
another pro-legalization campaign called Geezers for Medical Weed. The award-winning
authors of the book Freakonomics asked Platshorn to answer the following question: What
would be some of the most powerful economic, social, and criminal-justice effects? He
responded: “Legalizing marijuana would deprive this dangerous black market of profits and
relieve a ridiculous burden on taxpayers; it would allow police to focus on serious crime instead
of arresting more than 800,000 Americans every year for pot at a cost to taxpayers of at least $14
billion.”[6] That’s $14 billion that would be put back into the pockets of taxpayers. In a time
which this nation is facing an economic downturn, legalizing marijuana would bring provide
incentives for the U.S. economy. Taxing marijuana would offer much needed funding to many
important criminal justice and social programs. Our justice-system pays a huge toll through
prohibition; marijuana-related arrests waste jail space, clog up the court system, and divert
police, attorneys, judges, and corrections officials away from violent crime. Jeffery Miron, the
director of undergraduate studies at Harvard University’s economics department has done
extensive research regarding the legalization of marijuana. He concluded through his studies that
marijuana would benefit the United States in a number of ways. First, legalizing it would
destroy marijuana sales in the black market reducing violence that stems from it. Secondly, it
would give research institutes the opportunity to discover more of marijuana’s health effects
which would greatly benefit medical communities and ill patients. Miron also mentioned how
legalization would diminish restrictions on civil liberties, as many cops today use invasive tactics
like warrantless searches.[6] I’ve had first-hand experience with this before I knew any better. I
was barely 17 and got pulled over with two of my friends for cutting through an empty parking
lot to avoid a red light. As soon as I rolled down my window, the fresh smell of ganja hit the
officer right in the face. He called for back-up (ridiculous, I know) and they tore my car apart
trying to look for the 0.8 grams of marijuana that were hidden in my gooch the whole time. Was
I breaking the law? Yes. Was I causing harm to anyone? No. This is when I realized
something is seriously wrong with this country’s marijuana policy.
Despite being legal in sixteen states, marijuana should become legalized at a federal
level. Thousands of ill patients could benefit from its legalization. Medical marijuana would
help patients that suffer from a number of conditions including neurogenic pain, movement
disorders, inflammatory infections, and many diseases such as cancer, AIDS, and multiple
sclerosis.[9] Studies done at some of the finest research institutes in the world have proven this,
and the research would get even stronger if it was legally allowed in the U.S. Some patients
have only found relief after using marijuana, but they must turn to the black market to obtain it.
This comes with many risks including criminal prosecution, exposure to contamination, or an
unknown concentration of THC and variability in dosage. Those who would rather abide by the
law must suffer numerous side effects that come with their physician prescribed medication.
Let’s take a cancer patient for instance. A patient undergoing chemotherapy must deal with side
effects that include hair loss, infection, constipation, bleeding problem, and much more.[3]
Marijuana, however, produces no serious physical side effects, but instead puts the body into a
state of relaxation. One might experience an increased heart rate or a feeling of euphoria, but
this is nothing compared to the pain a regular chemotherapy patient must endure. Now
marijuana wouldn’t be an alternative for chemotherapy, but it could certainly help ease the pain
that a chemotherapy patient must suffer during the process. Aside from helping with the
treatment of diseases already existent in the body, marijuana can also prevent the development of
certain illnesses. Studies done at the Scripps Research Institute in La Jolla, California showed
that THC, the active component in marijuana, actually prevents the development of deposits in
the brain that lead to Alzheimer’s Disease.[11] Research commissioned by the British government
at Keele University found that between 1996 and 2005, there had been a significant reduction in
the occurrence of schizophrenia for people that used marijuana regularly.[1] A 2007 study done at
the California Pacific Medical Center Research Institute showed that cannabidiol, a compound
found in cannabis, may stop breast cancer from spreading throughout the body. It halts the
invasion and spread of aggressive breast cancer cells which can lead to the deadliest stage of
cancer development. A similar effect takes place with patients who have brain cancer.[4] A study
done by Complutense University of Madrid found that the chemicals in marijuana also lead to
the death of brain cancer cells by forcing them to feed upon themselves in a process called
autophagy. THC eliminates cancer cells while leaving healthy cells intact.[7] Despite all of the
proven health benefits of marijuana, the Supreme Court still refuses to legalize it for medical use.
This is because they see marijuana as a dangerous and addictive drug, rather than the allinclusive form of medicine that it truly is. With a clearer understanding of the health benefits of
marijuana, U.S. legislators would understand the amount of aid that marijuana could provide for
sick patients. As of now, it’s a lose-lose situation for anyone who desires to use this drug for its
medical purpose.
There is an endless amount of research that has shown why legalizing marijuana would
be advantageous for medicine, research, the economy, and American living altogether. Whether
legalized or not, marijuana use will continue to rise, as will the number of people who get busted
for its possession. But why should these people be penalized for using a drug that shouldn’t be
illegal in the first place? I recently talked to a friend who visited the Netherlands last summer
where marijuana and other “soft drugs” are decriminalized in certain areas. She told me of a
time she was on a small street that had a few cannabis coffee shops, where most citizens and
tourists can legally obtain marijuana. She said the atmosphere there was different; it was
peaceful, it felt safe. The Netherlands possess a more progressive drug policy; they treat
consumption of marijuana as a “problem of public health,” not a crime. They do this to satisfy
their agreement with the United Nations, not because it’s actually a public health problem. The
U.S. Supreme Court should take a lesson from our high counterparts and give citizens the
reasonable authority to possess marijuana. Until we see some change, this will be an ongoing
battle. Prohibition has failed to silence marijuana users; more and more people are waking up to
the fact that we need to change our marijuana laws. Our shrewd politicians would do well to
match them.
Works Cited
1. "Cannabis and Mental Illness – the Keele Study." UKCIA Newsblog (4 July 2009).
UKCIA.org. UKCIA. Web. <http://ukcia.org/wordpress/?p=76>.
2. Chemist & Druggist. Vol. 28. Google. Google Books. Web.
<http://books.google.com/books?id=qiPOAAAAMAAJ&printsec=frontcover&dq=chemist
+%26+druggist&hl=en&ei=InnJTri7Bcfz0gGytbAM&sa=X&oi=book_result&ct=result&res
num=1&ved=0CDYQ6AEwAA#v=onepage&q=chemist%20%26%20druggist&f=false>.
3. "Chemotherapy Side Effects Fact Sheets - National Cancer Institute." Comprehensive
Cancer Information - National Cancer Institute. National Cancer Institute. Web.
<http://www.cancer.gov/cancertopics/coping/chemo-side-effects>.
4. Cowen, Mark. "Cannabis Compound May Prevent Breast Cancer." Encod.org. ENCOD, 26
Nov. 2007. Web. <http://www.encod.de/info/CANNABIS-COMPOUND-MAYPREVENT.html>.
5. "Drug Law Timeline." DRCNet Online Library of Drug Policy. Web.
<http://www.druglibrary.org/schaffer/History/drug_law_timeline.htm>.
6. Dubner, Stephen J. "Freakonomics » What Would Happen If Marijuana Were
Decriminalized? A Freakonomics Quorum." Freakonomics. Web.
<http://www.freakonomics.com/2009/05/22/pot-quorum/>.
7. General Resources." Sequoia Analytical Labs. Sequoia. Web. <http://sequoialabs.com/category/general-resources/>.
8. "Get Smart About Drugs - What Are the Penalties for Possession of Marijuana?" Get
Smart About Drugs. Drug Enforcement Administration. Web.
<http://www.getsmartaboutdrugs.com/identify/what_are_the_penalties_for_possessio
n_or_marijuana.html>.
9. Grotenhermen, Franjo, and Ethan Russo. Cannabis and Cannabinoids: Pharmacology,
Toxicology, and Therapeutic Potential. New York: Haworth Integrative Healing, 2002.
Print.
10. "Jimmy Carter: Drug Abuse Message to the Congress." The American Presidency Project.
Web. <http://www.presidency.ucsb.edu/ws/index.php?pid=7908>.
11. “Marijuana's Active Ingredient Shown to Inhibit Primary Marker of Alzheimer's Disease."
Scripps Research Institute, 8 Aug. 2006. Web.
<http://www.scripps.edu/news/press/080906.html>.
12. McWilliams, John C. The Protectors: Harry J. Anslinger and the Federal Bureau of
Narcotics. Newark: University of Delaware, 1990. Print.
13. Musto, David F. The American Disease: Origins of Narcotic Control. New York: Oxford
UP, 1999. Print.
14. "US Supreme Court Decision on Cannabis Upholds International Law." INCB. 8 June
2005. Web. <http://www.incb.org/incb/press_release_2005-06-08_1.html>.
15. "Why Is Marijuana Illegal?" Drugwarrant.com. Drug Warrant. Web.
<http://www.drugwarrant.com/articles/why-is-marijuana-illegal/>.