What if I told you there is a plan that could solve many of our nations biggest problems? Such a bold claim can be achieved by legalizing and taxing cannabis. Court record and written accounts tell us that the law was based on faulty evidence. It is common knowledge that cannabis prohibition causes violent criminal activity. Legalization and taxation of cannabis could save the country billions, unburden the clogged court system and drastically lower crime.
A thorough analysis of the nations current Cannabis laws must begin by examining the reasons and factors that led to their creation. The herb in question has been used by humans for thousands of years. Its use in America was widespread in the Mexican immigrant worker population as well as the black jazz scene. As use gained ground in the young white population, a catalyst for its criminalization rose to power. Harry Anslinger became the Head of the Federal Bureau of Narcotics (currently known as the Drug Enforcement Agency) and wasted no time spreading propaganda. His most well known production was a yellow journalism movie titled “Reefer Madness,” which informs the public from the start that Cannabis is “The real public enemy number one!” The movie in its entirety visually backs up its opening claims that “Marihuana” causes “the loss of all power to resist physical emotions leading finally to acts of shocking violence, ending often in incurable insanity.” (Madness) Although the film is ludicrous and laughable at points to most contemporary viewers, the depression era American populace took these claims to heart. Supplemented by the widespread use of yellow journalism in relatively all major news publications, Anslinger’s message rang out: “Marihuana” was the cause of almost every major problem facing the American people. The first pseudo-ban of the drug occurred in 1937 in the form of The Marihuana Tax Act that made the purchase of Cannabis for recreational purposes subject to a tariff of $100 per ounce. W.C. Woodward, a representative and lawyer from the American Medical Association, references cannabis at the committee hearing for the act: “The newspapers have called attention to it so prominently that there must be some grounds for their statements. It has surprised me, however, that the facts on which these statements have been based have not been brought before this committee by competent primary evidence.” (Woodward) Woodward’s concerns were met with hostility and quickly discarded; the act’s passage was completed without further struggle on Oct. 1, 1937. Although still technically legal, the tax imposed made recreational use financially impractical and the seeds of war were inevitably sewn. (Grinspoon 7-10)
In 1971 President Nixon began the self-proclaimed, “war on drugs;” the perpetual process that has continued to this day. “Prohibition-era Chicago offered a dramatic lesson in the impact of banning a widely used drug.” (Bandow) When a widely used product is illegal, supply is constantly being destroyed or confiscated. This causes a huge upswing in the cost of said product, making it a very lucrative business opportunity for illegal organizations. “Moreover, the violence associated with drugs is principally from prohibition rather than use.” (Bandow) The government has tried to supplement its search and destroy tactics with positive anti-drug advertisements. While in theory this is an excellent idea, the overly dramatic message focuses all its emphasis on drug abstinence and spends relatively no time on responsible use and education. Wildly ridiculous claims about the negative effects of cannabis only serve to lessen the trust that their audience maintains. “Once a kid realizes that pot doesn't make him insane -- or likely to become a burrito taster, as the ad further asserts -- he might figure other drug information is equally false. That's how marijuana becomes a gateway drug.” (Parker, 2) Current events have brought cannabis prohibition into the media spotlight. Olympic great Michael Phelps’ bong hit has stirred widespread public polling and media controversy over the legitimacy of current laws. A recent CBS News poll has revealed that 41% of the nation thinks cannabis should be legalized, while 52% think it should remain illegal; an identical poll conducted in 1979 recorded just 27% favoring legalization and 69% against. Polls such as these reveal the efforts of activists to educate the current generation and reflect the lingering doubts instilled by extreme propaganda of the past: “More adults under 45 (49%) approve of legalizing marijuana use than oppose (45%), while just 31% of adults over age 45 approve of it…” (CBS News)
Cannabis prohibitionists cite a few common and important claims against its legalization. The gateway theory is one of the most prominent claims, stating, “Marijuana is a frequent precursor to the use of more dangerous drugs, and signals a significantly enhanced likelihood of drug problems in adult life.” (DEA1) These claims are absolutely correct, but what causes the effect? There is no evidence that cannabis causes mental or physical predetermination towards use of any other drugs. The gateway factor does come into play, however, in how the user gets his cannabis. A black market dealer often sells other “harder” drugs and has much to gain by persuading a recreational cannabis consumer to try them. Successful legislation for legalization and regulation will put cannabis sale in the hands of responsible business owners who don’t make other drugs available or have anything to gain from encouraging their use. An equally concerning claim is that legalizing cannabis will increase its availability to our children; it is almost universally accepted that minors should not consume cannabis. While very appealing to many uninformed parents and morally aligned citizens, this claim lacks any form of evidence and is quite counter productive. Legislation for legalization will undoubtedly be accompanied by strict regulation much like the current model for cigarettes and alcohol. A valid photo I.D. will be required with all purchases to prove the purchaser is over the age limit specified by law, and all current alcohol guidelines for such infractions will be applied to the sale of cannabis to minors. This system of regulation, one must agree, is a vast improvement over the current system of black market dealers who sell their product indiscriminately to anyone with enough cash to afford it. The third major claim concerning cannabis legalization is its potentially harmful health effects. Americans enjoy the right to determine their own guidelines as far as health choices as long as they don’t infringe upon their neighbor’s pursuit of happiness and health. It would not be proper to outlaw eating McDonalds because it causes heart failure, obesity and high cholesterol yet prohibitionists use this logic for furthering their cause on the undesirable effects of cannabis. Further claims that, “marijuana smoke contains 50 percent to 70 percent more carcinogenic hydrocarbons than does tobacco smoke.” (NIDA) Are nullified by the fact that the daily amount consumed by a cannabis smoker is a fraction of that consumed by a cigarette smoker. Claims by prohibitionists and reformers alike are often used out of context and should be examined carefully before regarded as fact.
If the punishment for a crime is more harmful than the crime itself, that law is unjust. Cannabis should be legalized and regulated, so that people are not punished for using a plant that is less harmful than nicotine or alcohol. Cannabis must be legalized to help the failing economy, repeal a law campaign based on propaganda, keep the herb out of the hands of kids, and unclog the overloaded court system.
Bibliography:
U.S. Department of Justice. Drug Enforcement Administration. The DEA Position on Marijuana. May 2006. <http://www.usdoj.gov/dea/marijuana_position.html>
Volkow, Nora D. M.D. “Marijuana Abuse.” Research Series. U.S. Department of Health and Human Services. National Institute on Drug Abuse. NIH 05-3859. Oct. 2002. NIDA Website. 24 Feb. 2009. <http://www.drugabuse.gov/PDF/RRMarijuana.pdf>
Grinspoon, Lester M.D. and James B. Bakalar. Marihuana, The Forbidden Medicine. Yale University Press, 1997.
Reefer Madness. Dir. Louis Gasnier. Perf. Dorothy Short, Lillian Miles, and Dave O’brien. Motion Picture Ventures, 1936. <http://www.youtube.com/watch?v=Azf320JDdqU&feature=related>
“American Public Opinion: Today vs. 30 Years Ago.” CBS News, New York Times Poll, 11-15 Jan. 2009. <http://www.cbsnews.com/htdocs/pdf/SunMo_poll_0209.pdf>
This is my entry for longest post. I must admit it is self-plagiarized but it is my own writing. Also, read a line or two, I feel like it is a quality product.