Issues Surrounding The Legalization Of Cannibis

Issues Surrounding the Legalization of Cannabis

By

Jennifer Siegfried

Numerous countries have laws concerning the possession, cultivation, supply and use of cannabis. Non-psychoactive cannabis products, such as fiber and seed, are legal in several countries, many of which license cultivation for these purposes. Marijuana is considered a controlled substance in most areas, though it's use is often condoned for medicinal purposes. Currently, over seven million cannabis arrests have occurred in the United States since 1993, including 755,186 arrests during 2003; marijuana users are arrested at the rate of 1 every 42 seconds, although 88% of arrests are for possession, not distribution or manufacturing. (2)

Cannabis was criminalized in most parts of the world during the early stages of the 20th century. Although the reasons for and extent of criminalization vary, the most substantial influence has been the drug policies of the United States federal administration. Through agencies such as the U.S. Federal Bureau of Narcotics, founded in 1930, and its successor, the U.S. Drug Enforcement Administration, formed in 1973, the U.S. government has lead a successful lobby both nationally and internationally for the criminalization of cannabis.

The 1937 Marijuana Tax Act was a significant legislation, as it represented a federal culmination of several state laws; some believe that these laws were constructed in response to lobbying by manufacturers of synthetic fibers that competed with hemp, and that such production was merely a convenient target. Other critics of the prohibition have suggested that criminalization was in part due to racial bias, as marijuana was widely known as a popular recreation drug in African-American and Latino communities.

Efforts to decriminalize marijuana occurred after 1969, a landmark period that was categorized by a prevalent use of cannabis as a recreational drug. During this time, legislation sought to reduce the penalties for possession, making it punishable by confiscation and a fine, rather than imprisonment. This movement of decriminalization is referred to as a "drug supply-side control strategy" (5); it discourages users, but also generally removes them from the criminal justice system, while traffickers are subjected to harsh penalties. The adjustment in drug policy were first established in: Alabama, when state judges no longer imposed a five year mandatory minimum sentences for small possession (the equivalent to a joint); Missouri, where the legislature reformed statutes in order to condemn life sentences for second possession offenders; and lastly, Georgia, in which the state negated the death sentence to second sale offences to minors.

After these initial developments, an official decriminalization movement began in 1973, with Oregon influencing states like Colorado, Alaska, Ohio, and California to conform in 1975. Three years later, Mississippi, North Carolina, New York, and Nebraska had pursued some form of marijuana decriminalization. In 2001, Nevada reduced the charge for possession from a felony to a misdemeanor.

Although these states have successfully pursued the decriminalization of marijuana, it was never considered a national affair, primarily because the U.S. Congress opposes the idea of passing a version of legislation on the federal level. Yet, a number of petitions have been made for cannabis rescheduling in order to remove marijuana from the "Schedule I" category of highly restricted drugs that have no medical purpose, and thus may not be prescribed by physicians. Although the Controlled Substance Act permits the executive branch to decriminalize medical and recreational use of marijuana without authorization from Congress, the initiate is still dependent on the findings of the Secretary of the United States Department of Health and Human Services on specific scientific and medical issues concurrent to those in the Act.

Proponents for rescheduling argue that marijuana is neither addictive nor harmful enough for placement in Schedule I; however, the government maintains that cannabis fails to meet the criteria for acceptable medical use, and that evidence of the drugs widespread use establishes a potential for drug abuse. According to 21 U.S.C. § 812(b), drugs must meet three criteria in order to mandate a Schedule I:" 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; 3) There is a lack of accepted safety for use of the drug or other substance under medical supervision."(5)

Marijuana was originally placed into Schedule I in 1970, due to the advice of Assistant Secretary of Health, Roger O. Egeberg; although, in his letter to Harley O. Staggers, Chairman of the House Committee on Interstate and Foreign Commerce, he indicated that such classification was intended to be provisional, and that, "our recommendation is that marihuana be retained within Schedule I at least until the completion of certain studies now underway to resolve the issue" (5), in reference to the ongoing research held by the National Commission on Marijuana and Drug Abuse. By 1972, the Commission the Commission released a report that favored decriminalization of cannabis, though the Richard Nixon administration ignored the recommendation. Thus, a struggle ensued, with marijuana reform activists pursuing all three branches of government in order to reschedule the drug.

According to Jon Gettman, leader of the rescheduling movement, a drug is not eligible for Schedule I classification unless it fully meets the three criteria, which marijuana does not. Gettman argues that a "high potential for abuse" correlates with abuse similar to that of heroin or cocaine, and that marijuana's toxicity is much less than drugs normally placed in Schedule I or II. He also contends that, "The acceptance of cannabis' medical use by eight [now twelve, specifically Alaska, Arizona, California, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, Oregon, Vermont, and Washington] states since 1996 and the experiences of patients, doctors, and state officials in these states establish marijuana's accepted medical use in the United States" (5), thus negating the second statute for criteria. Currently, minimums of 35,000 patients are using marijuana legally in the previously mentioned states, and over 2,500 various physicians have prescribed it for use.

According to the 1999 Institute of Medicine report, marijuana is an acceptably safe medicine, and that "except for the harms associated with smoking, the adverse effects of marijuana use