Malak Mahmoud Dow
The American University of Sharjah
Dr. Victoria Amador
May 23, 2013
Abstract The question of legalizing marijuana has been an enduring debate in the United States, and there has been no conclusion. Currently, the United States federal law places marijuana as an illicit drug, but this was not the case formerly. The prohibition of marijuana relies on many misconceptions that are promoted by the antagonists of marijuana legalization. While advocates of marijuana legalization appear to agree that prohibition is not effective, as it does not decrease the drug’s use, and that it has done more harm than good, proponents …show more content…
of marijuana perceive it as a harmful substance that should remain illegal. However, scientific evidence proves that, when used responsibly, it is not as harmful as other legal substances. Based on the drug’s cultural, social, economic, as well as medical benefits, marijuana should be legalized as its benefits exceed its prohibition costs. Accordingly, the paper discusses how the legalization of marijuana in the Unites States would have a positive effect on government revenues, radically reduce crime, and benefit patients of certain diseases.
Legalization of Marijuana in the U.S.: An Economic, Medical, and Social Solution
Marijuana, also known as cannabis, is a commonly used illicit drug in the United States of America. Nonetheless, before the 1930s, marijuana was legally acknowledged as a recreational as well as a medicinal drug (King 2001, p. 131). In 1930, the Federal Bureau of Narcotics (FBN) was established to enforce drug laws. By the mid-1930s, the campaign against marijuana and a request for drug policy enforcement began. A 1936 government-sponsored propaganda film, Reefer Madness, was produced to promote the dangers of marijuana and raise awareness against this drug (McWilliams, 1989, p. 207). Harry J. Anslinger, first commissioner of the FBN, whose objective was to place the drug under federal control, orchestrated the criminalization of marijuana (King, 2001, p. 131). In 1937, the Marijuana Tax Act, passed by the U.S. Congress, was the first federal act of the United States to outlaw marijuana (ibid.).
Today, the legalization of marijuana in the United States, both as a recreational and medicinal drug, is an issue of political and social debate.
On the one hand, some states, such as Texas and Florida, recognize marijuana as illegal and subject to penalty, such as a jail sentence. On the other hand, several states, such as Arizona and Michigan, have legalized medicinal marijuana. In addition, only two states, namely Colorado and Washington, have approved marijuana as a recreational drug. In 2010, the state of California initiated a referendum referred to as Proposition 19, also known as the Regulate, Control & Tax Cannabis Act, and the results were 46% in favor of legalizing recreational marijuana as opposed to 54% against its legalization (Tree, 2011, p. 10).
The direction that future marijuana drug law will take is still uncertain. There is no solid ground regarding how it should be legalized, because legalizing marijuana is a multi-stage process. Does legalizing marijuana mean sanctioning its production, its sale or its …show more content…
possession?
Given that the subject of legalizing marijuana has become a part of general public dispute, the paper will explore how the legalization of marijuana would reinforce the concept of human rights, reduce crime, as well as positively impact the U.S. economy and increase accessibility to the treatment of patients where medical marijuana is currently illegal, and whether the legalization would increase the consumption of the substance.
Prohibition Violates a Fundamental Human Right
The prohibition of marijuana violates a fundamental human right, which is the freedom of choice. American citizens should have the choice to consume the substance or not. If the federal government makes the choice for the citizens, then how are they supposed to use their intelligence and evolve as human beings? Although, not every choice is the right choice and it may be a mistake; making mistakes is the only way to learn and gain experience. American citizens can no longer choose for themselves, but the government decides for them, by imposing its laws and dogmas. As a result, people are no longer free, but living under an oppressive government. The government should protect the citizens’ rights and freedoms, particularly the freedom of choice. Equally, the Bill of Rights guarantees to the American citizens the freedom to choose their own morality, and not having it inflicted upon them by an authority.
In the polemic article “Drugs: Case for Legalizing Marijuana,” Gore Vidal (1970), an American writer known for his essays and novels, and also a political commentator, advocates the legalization of marijuana. He argues that Americans should have the choice to use the substance or not: Along with exhortation and warning, it might be good for our citizens to recall (or learn for the first time) that the United States was the creation of men who believed that each man has the right to do what he wants with his own life as long as he does not interfere with his neighbor 's pursuit of happiness (para. 3).
Vidal recommended that drugs should be labeled with a “precise description of what effect - good and bad - the drug will have on whoever takes it,” which will require “heroic honesty” on the part of the government (para. 1). Also, he states that marijuana is not addictive “unlike speed, which kills most unpleasantly, or heroin, which is addictive and difficult to kick” (ibid.).
Furthermore, one of the consequences of prohibition is harming and destroying lives. For instance, if a teenager is caught consuming marijuana or possessing it, he/she will be sentenced and have a criminal record. A criminal record will prevent him/her from applying to college or getting a job. According to Steven B. Duke, professor of Law, at Yale Law School, approximately fifteen million people in the U.S. have been arrested for possessing marijuana (2013, p. 1311).
Consequently, marijuana should be legalized because it supports freedom of choice, and also prevents one of the costs of prohibition, which is detaining non-violent individuals.
Prohibition Feeds Crime
Besides violating a fundamental human right, prohibition feeds crime in two ways. The first way is through the ongoing drug wars at the U.S. and the Mexican borders. In fact, legalization would eliminate much of the violence created by the underground marijuana black market, which is dominated by rival gangs (Caulkins, et al., 2012, p. 130). In spite of the fact that marijuana is illegal, there is a demand for it, which gives an incentive to gangs to supply it and earn a large profit margin. Accordingly, gangs compete against each other in regards to distributing more, and thus having a high market share, which will further allow them to set high prices, that will in turn increase their profit. However, the relative increase in the price depends on the price elasticity of demand as well as the price elasticity of supply.
Moreover, legalization of marijuana will free up police officers to focus on more serious crimes, such as shootings, murders, rapes, housebreaks and thefts. A substantial number of police officers are allocated for suspected marijuana possession at borders, and also within the states. Correspondingly, statistics show that eighty percent of the “stop-and-frisk” searches in New York City, since 2004, resulted in no evidence of criminality (Duke, 2013, p. 1310). Since scare resources, which are time and policemen, are wrongly allocated to monitor drugs, instead of focusing on other major crimes, this increases the chance of these crimes being committed.
Therefore, putting an end to prohibition will reduce crime and violence in regards to the black market, as well as effectively allocate policemen to investigate more serious crimes, which further support the legalization of marijuana.
The Economic Benefits of Legalization
In addition to the reduction in crime, legalization will result in a variety of economic benefits; precisely, it will save money, generate tax revenues, boost tourism and decrease unemployment.
First, legalization would diminish government expenditure by saving money that is spent each year in order to fight against drugs. According to Jeffrey Miron, professor of economics at Harvard University, “Approximately $13.7 billion of savings would result from legalization of marijuana” (2010, pp. 2-3). In fact, these savings will result from the cost of marijuana incarceration, because each time a person is detained in prison due to marijuana possession, the government incurs costs. These costs are reflected in the taxes that the citizens pay from their income.
Additionally, if the drug were legal and taxed, the government would be able to generate substantial tax revenues. These revenues could be directed to improve education, hospital, parks, streets, as well as social security. Miron claims, “if drugs were taxed at rates comparable to those on alcohol and tobacco, approximately $6.4 billion would result from legalization of marijuana” (ibid., p. 17).
Moreover, if marijuana is legal, then individuals need to be employed to collect crops, and to distribute them to retailers, such as smoking shops. Also, if the U.S. implements cannabis cafes, like in the Netherlands, individuals have to be employed to serve customers. In addition, legalization would attract foreigners and boost tourism. For example, Amsterdam relies heavily on cannabis tourist users, which increases the city’s revenues.
Hence, the legalization and taxation of this vital industry would certainly have a positive effect on the U.S. economy, and the billions of dollars that would result from legalization could be directed toward better causes.
Would Marijuana Legalization Increase Marijuana Consumption?
Given that legalizing marijuana is a fundamental question in drug policy in the U.S. today, it is logical to examine the possible unfavorable impacts of its legalization. One of the costs that opponents of marijuana claim are that legalizing marijuana would increase its consumption by current users, as well as attract non-consumers to be exposed to this drug. To be able to assess this drawback, the paper Examining the Impact of Marijuana Legalization on Marijuana Consumption (Pacula, 2010) mentions that, in theory, marijuana consumption will increase if it is legal. However, the magnitude of the increase is still subject to debate and requires further study, because it depends on many factors, such as the decline in price, the perceived harm, and the regulation itself.
Moreover, opponents of legalizing marijuana argue that it has repercussions on health, and that it is a gateway to more harmful drugs (Caulkins, 2001, p. 881). But if marijuana is harmful, then why are other substances, such as alcohol and tobacco, legal? Although, marijuana has side effects, such as euphoria, lethargy or short-term memory loss, it is not as dangerous as alcohol or tobacco (Bonnie, pp. 704-705). Correspondingly, alcohol provokes violent and aggressive behavior, and results in a loss of control, incapability to walk straight, or even health problems, such as liver diseases. Likewise, tobacco leads to serious health issues, such as cancer, strokes, and heart attacks. Besides, figures show that the number of health issues that result from the use of alcohol or tobacco significantly exceeds the ones caused by the use of marijuana. Also, “there is no documented evidence that marijuana has ever caused an overdose death” (Grinspoon, 2010, p. 77).
Another common fallacy associated with marijuana is that it can be addictive and thus causing long-term memory impairments; conversely, this is only true when the drug is abused, which makes this opposing argument invalid. In fact, anything that is abused will eventually be harmful. For instance, if a person eats excessively, he/she will end up being obese, which will lead to health problems, such as heart diseases and diabetes.
In spite of the fact that a variety of people argue that legalizing marijuana would increase the consumption of the drug, marijuana has been proven not to be an addictive or a gateway drug.
The Medical Benefit of Legalization
Other than its cultural, social, as well as economic benefits, marijuana has proven to be a valuable medicine. Scientific evidence asserts that medical marijuana reduces pain in patients suffering from certain conditions, such as glaucoma, arteriosclerosis, multiple sclerosis and cancer, which other forms of treatment cannot remedy. In fact, many cancer patients reported that marijuana has helped them fight the nausea and the lack of appetite caused by the chemotherapy treatment. Plus, some patients suffering from multiple sclerosis respond well from using medical marijuana as compared to using the existing treatments. According to Grinspoon (2010), professor of psychiatry at Harvard Medical School, medical marijuana is “One of humanity’s oldest medicines, it has been used for thousands of years by millions of people with little evidence of significant toxic effects” (p. 75). The BBC documentary, Cannabis - What 's the harm? (Dutta, 2011), which reviews this issue, consisted of interviews with doctors, and users of marijuana, both as a recreational and medicinal drug. In the documentary many patients using medical marijuana as a treatment reported how they have witnessed improvements in their conditions. Also, Dr. Hanya Barth, a specialist in prescribing cannabis to patients, asserts that the use of cannabis is beneficial and reduces pain. Hence, the documentary sustains the claim that marijuana can be used as a medicine to relieve pain (ibid.).
Moreover, medical marijuana is available in pills; hence, it does not have to be smoked, which eliminates the health risks in regards to smoking. Studies suggest that the pill’s effect appears to last longer rather when the drug is smoked; however, the pill takes more time to start relieving pain compared to smoking.
Therefore, since the medical properties of this drug have been scientifically documented, it should be a legally prescribed medicinal substance in the rest of the United States.
Marijuana can be beneficial in reinforcing rights, reducing crime, expanding the economy and improving medical treatment. Nevertheless, the legalization of marijuana in the United States still remains an unanswered question. Prohibition was never helpful or useful; for instance, prohibition of alcohol did not result in any good effects, but only lead to black markets and formation of mafia, which further alleges the claim that prohibition is not effective. Likewise, prohibition of marijuana has failed to prevent its use, and it is causing more negative rather than positive impacts. As a result, if marijuana is legalized, many of the costs of prohibition can be eliminated. Correspondingly, why not legalize it, tax it, and regulate it?
Additionally, in order to reach a consensus in regards to how marijuana should be legalized and regulated, the federal government should examine the possibilities of legalization in relation to other legal substances, specifically alcohol and tobacco. If marijuana were to be legalized in the United States, there would have to be restrictions on it, similar to alcohol or tobacco. These restrictions would include the age permitted, the quantity tolerated, as well as the punishments and penalties that would result when restrictions are not abided by. Furthermore, it has been well documented that if the act of legalization was to be realized throughout the United States there are potential economic, social, and medicinal benefits to be reaped.
Moreover, decriminalization can be a move toward legalization. Accordingly, states where marijuana is currently illegal and criminalized can start by decriminalizing the substance, and then slowly move toward legalization. However, if prohibition remains, there will continue to be smuggling of drugs, false administration of drugs in hospitals, and black market. Hence, states should make more referendums to further examine the potential regulatory alternatives concerning marijuana.
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References
Bonnie, R. J. (2001).Marijuana. In R. Caison-DeWitt (Ed.), Encyclopedia of Drugs, Alcohol, and
Addictive Behavior (pp. 702-708) (2nd ed.) (Vol. 2). New York: Macmillan Reference USA.
Caulkins, J. P. (2001). Analysis of drug legalization. In R. Caison-DeWitt (Ed.),
Encyclopedia of Drugs, Alcohol, and Addictive Behavior (pp.
878-882) (2nd ed.) (Vol. 2). New York: Macmillan Reference USA.
Caulkins, J. P., & Hawken, A. (2012). Marijuana Legalization: What Everyone Needs to
Know. New York: Oxford University Press.
Duke, S. B. (2013). The Future of Marijuana in the United States. Oregon Law Review, 91(2),
1301-1318. Retrieved from: http://law.uoregon.edu/org/olr/volumes/91/2/documents/Duke.pdf
Dutta, R. (Executive producer). (2001, June 1). Cannabis: What’s the harm? [Television broadcast]. UK: BBC Broadcasting service. Retrieved from http://www.bbc.co.uk/programmes/b00y37cn
Grinspoon, L. (2010). Whither medical marijuana. Georgetown Journal of International Affairs, 11(2), 75-82. Retrieved from ProQuest database.
King, R. (2001). Anslinger, Harry Jacob, and U.S. drug policy. In R. Caison-DeWitt
(Ed.), Encyclopedia of Drugs, Alcohol, and Addictive Behavior (pp. 130-134 ) (2nd ed.) (Vol. 2). New York: Macmillan Reference USA.
McWilliams, J. C. (1989). Unsung partner against crime: Harry J. Anslinger and the
Federal Bureau of Narcotics, 1930-1962. The Pennsylvania Magazine of History and Biography, 113(2), 207-236.
Miron, J. A. (2010). The Budgetary Implications of Drug Prohibition. (pp.
1-39).
Cambridge: Department of Economics. Retrieved from http://scholar.harvard.edu/miron/publications
Pacula, R. L. (2010). Examining the Impact of Marijuana Legalization on Marijuana
Consumption. (pp. 1-18). Rand Working Paper #WR-770-RC. Retrieved from http://www.rand.org/pubs/working_papers/WR770.html
Tree, S. (2011). Policy forum: Beyond proposition 19. Drugs and Alcohol Today, 11(1), 10-12. doi: http://dx.doi.org/10.5042/daat.2011.0129
Vidal, G. (1970, September 26). Drugs: Case for Legalizing Marijuana. The New York Times.
Retrieved from: http://www.nytimes.com/books/98/03/01/home/vidal-drugs.html