Federal Level and Legalization of Marijuana

Marijuana, also known as Cannabis Sativa, is one of the most used substances in the country. Over 19.8 million young people have used the drug as a recreational drug over the course of their lives, despite the fact that it is illegal in many places across the nation. (Sacco and Finklea, 2014). Since marijuana has been used successfully to treat a variety of conditions, recent study studies have suggested that it may have some medicinal value (Grotenhermen and Müller-Vahl, 2016). Despite the fact that more than 20 states have legalized cannabis for recreational use within their borders, the substance is still illegal under federal law. The question of whether marijuana should be decriminalized nationally is still being debated, though. According to Kilmer and MacCoun (2017), the percentage of people who support the legalization of marijuana in the United States has increased from 20% in 1995, to 60% in 2016. Therefore, it becomes imperative for the whole country to understand the stakes on both sides of the argument. Basically, the rationale behind the criminalization of cannabis is that it causes both short and long-term harm to the users. As a psychoactive drug, marijuana alters the thoughts and behaviors of those who take it, besides, it causes addiction (Grotenhermen and Müller-Vahl, 2016). Nonetheless, despite its proven medical harm to the users, the global society hurts more because of the criminal elements that cultivate and traffic the drug as opposed to the individuals affected by its use. In retrospect, more studies and statistics have emerged pointing to the fact that marijuana is a lesser evil compared to legal substances such as alcohol and cigarettes. Therefore, there is need to review the legal status of the drug at the federal level to allow those who deal with the drug to do it above the law.


Almost a third of all the people incarcerated in the US have drug-related charges and more than half are directly linked to use, possession, trafficking, or cultivation of marijuana. According to Bulman-Pozen (2014), the sales and trafficking of cannabis have created a huge illegal market that trades millions of dollars every year. To make the matters worse, most of the cartels involved in the smuggling and sale of marijuana also deal with other hard drugs such as cocaine, heroin, and methamphetamine. Therefore, legalizing recreational use of marijuana will render the cartels useless and save thousands of people from prison. Since possession, use, and distribution of marijuana was made illegal by the federal law, the number of criminal cases associated with marijuana trafficking has been on the rise. Dangerous gangs have come up to take control of the lucrative marijuana distribution business. The competition among the drug traffickers has led to gang crimes, the proliferation of illegal arms, and gang murders. All these criminal activities are occurring because marijuana is illegal and so, only criminals can take part in its distribution and use. If marijuana is legalized, it will be possible to buy the substance over the counter of a chemist or at the local grocery. Gang crime will go down significantly giving both the police and the public an easier time.


The federal and state government will benefit greatly from the taxes collected from the marijuana trading. Just like other leisure substances, cannabis is set to attract high “sin tax” that will create formal and legal revenue across the country (Grabarsky, 2013). More so, it would be possible for the government authorities to regulate its consumption by ensuring it is not sold to minors or used in unauthorized areas such as public spaces. Sacco and Finklea (2014) assert that if the state authorities can control the other intoxicating substances, there would be no complication in regulating the use of cannabis. The legalization of marijuana will also benefit the economy significantly. Currently, the billions of dollars from the sale and distribution of marijuana does not get to the government. If the drug were made legal, there would be formal companies involved in its processing, packing, distribution, and sale. These businesses will help grow the economy of the individuals, as well as the government through taxation. The farmers who grow the herb will also benefit, as the demand for marijuana will go up due to legalization. The eventual effect is that the economy will receive a drop of new income. In future, marijuana will develop to be a big industry the same way we have a big tobacco and alcohol industry.


Legalizing marijuana at the federal level will help enhance research on the drug that is bound to reveal its positive and negative effects on users. Cannabis sativa was classified as "Schedule 1 drug" in 1970 and so, limited research has been conducted to understand its health and social impacts (Garvey & Yeh, 2013). Currently, those who use marijuana are doing it illegally and cannot take part in research except in the few states where the drug has been decriminalized. Hall and Weier (2017) assert that in-depth study on the effects of cannabis can only be effective if the drug is legal across the country. The move will open up the field for more researchers to survey the effects of marijuana since many people can volunteer to take part in the study. It would be imperative to understand its short-term and long-term effects based on studies covering a wide area and involving subjects from the diverse background. Information from such research will help develop ways of harnessing its health benefits as well as warn people about its negative effects. The few studies conducted on the medical benefits of marijuana reveal that it can help in the treatment of some neurological conditions such as epilepsy and Down syndrome (Grotenhermen & Müller-Vahl, 2016). Neurologists have identified that some cannabis has a relaxing effect on the brain that helps to control seizures. Psychiatrists believe that marijuana can be effective in treating some psychological conditions. Therefore, legalizing marijuana will undoubtedly help in extending its medical benefits across the country and even the world if possible. In fact, there are over 500,000 patients in the US using cannabis to treat or relieve their conditions (Kilmer, & MacCoun, 2017). The revelation that the drug helps in the medical field was instrumental in the cases that eventually legalized marijuana in some states. For the many people who cannot access the substance because of its illegal status, the federal government will help when it finally allows marijuana to be used in the United States.


Marijuana has proven to have less harmful effects. Kilmer and MacCoun (2017) argue that since studies have revealed that cannabis does not have severe social and health effects compared to alcohol and cigarettes, it would be prudent to legalize it across the country. In fact, the tobacco industry is anxiously awaiting its decriminalization at the federal level so that they can invest in the commercial production and sale of the drug. It is clear that even commercial enterprises believe they can avail marijuana as a recreational or medical drug to the public because it does not have severe effects. Therefore, it would be possible for the federal authorities to allow it without compromising the health of the public. More so, the fact that the current society is highly knowledgeable will make it possible for individuals to access information about the negative effects of the drug. In the same manner, the public is aware of the dangers of smoking cigarettes or drinking alcohol, they will consume marijuana with caution and avoid overindulgence.


It is not fair to legalize marijuana while other substances such as cigarettes and alcohol continue to kill people every day without any legal action. Research from countries that have allowed the use of marijuana for recreational use indicates no serious adverse effect of the drug (Grotenhermen, & Müller-Vahl, 2016). The only notable effect after prolonged use is few cases of brain slowness that can result in insanity in very few cases. However, the majority of marijuana users have no anti-social effect. They do not go around shouting like alcohol users or disturb people in public with unnecessary puffing. Marijuana users are healthy and have no threat of medical complication. The same cannot be said of alcohol and cigarettes that kill people by millions all over the world. Therefore, it will only be fair to allow the use of marijuana if the other substances such as cigarettes and alcohol remain legal.


Furthermore, the current world is gradually moving towards liberalization of social life. The United States has been on the lead in pushing for a democratic society where the individual is offered the freedom to make personal decisions by the government. Currently, some of the controversial issues such as gay marriage have been legalized in the United States. Even some dangerous practices such as licensing of firearms to civilians are allowed in the country because of the same spirit of liberation. Bulman-Pozen (2014) believes that giving people the choice of taking marijuana as a recreational drug would be a positive move by the government. The fact that the drug does not cause any direct harm to the public implies that the decision of whether to take it or not can be delegated to the individual. More so, even with the ban in place, many young people in the country are smoking marijuana. Giving them the freedom to do it publicly would even remove the “coolness” that is associated with those who partake of it.


Several states in the country have seen the logic of legalizing the use and sale of marijuana within their jurisdiction and it would be wise for the federal government to follow suit. According to Sacco and Finklea (2014), the fact that over 20 states have passed laws towards the decriminalization of cannabis creates a direct conflict between the federal and state laws. With time, more states will allow the recreational or medical use of the drug within their borders. The move will further complicate the application of the Controlled Substance Act of 1970. Garvey and Yeh (2013) insist that it is upon the federal government to draft legislation that will ensure the cultivation, trade, and use of cannabis is standardized across the country. Law enforcers will have an easier time dealing with a unified law that regulates the use of marijuana across the United States as opposed to disjointed states legislation.


The major impediment on the legalization of marijuana at the federal level is the fear that many young people will indulge in the drug and destroy their lives. A study conducted by Hall and Weier (2017) in states that have legalized the drug shows an increase in the number of youthful users. The fact that the drug is addictive and causes some psychological harm makes it a challenge for the government to lift the ban on cannabis. Grotenhermen and Müller-Vahl (2016) state that prolonged use of marijuana affects the productivity of individuals by slowing down neurological functions. With time, even workplaces will feel the effect of the drug as young people who abuse the drug grow older. The government feels it would betray the efforts of moralists and educationists to ensure young people in the country grow with minimal exposure to harmful substances such as marijuana. Alcohol and tobacco are already causing a lot of problems, thus, introducing another substance with equal or more social harm would be detrimental to the American nation.


Additionally, the federal government is also concerned about the implications of marijuana legalization in the global community. Hall and Weier (2017) point that as a world superpower, the United States has the responsibility to keep the other countries in check. Globally, only a few countries such as Netherlands and Uruguay have decriminalized the use of marijuana within their borders (Kilmer, & MacCoun, 2017). If the United States does the same, it would open the entire world to the trade since the country is amongst the largest destination for drug traffickers. There is the possibility that drug traffickers will continue to dominate the distribution of the drug after its legalization, making the war on other illicit drugs more complicated. Therefore, even as the individual states allow the use of marijuana, the federal government has to look at the bigger picture and evaluate its impact in the international market.


In conclusion, the United States should consider legalizing Marijuana at the federal level. There is a need to evaluate the benefits of marijuana and redraft the laws prohibiting its use and distribution. Nevertheless, like all other substances, marijuana has its side effects. Before its legalization, the public must be aware of the damage the substance can cause to the body or mind. More so, since some states have legalized the drug, it is only fair for the federal government to do likewise to avoid conflict in the application of the law. Today, the world is liberalized and individuals should have the opportunity to make informed choices without coercion by the state. Studies already reveal marijuana is not as harmful as it was perceived four decades ago. It has some medical values that can be exploited if the law allows people to use it. Marijuana makes the user smile, laugh, feel high, have a good appetite, and be calm, unlike alcohol that causes people to be aggressive. Therefore, it would only be wise of the federal government decriminalizes it.


References


Bulman-Pozen, J. (2014). Unbundling Federalism: Colorado's Legalization of Marijuana and Federalism's Many Forms. Colorado. Law Review. 85, 1067.


Garvey, T., & Yeh, B. T. (2013). State legalization of recreational marijuana: selected legal issues. Congressional Research Service.


Grabarsky, T. (2013). Conflicting Federal and State Medical Marijuana Policies: A Threat to Cooperative Federalism. W. Va. L. Rev., 116, 1.


Grotenhermen, F., & Müller-Vahl, K. (2016). Medicinal Uses of Marijuana and Cannabinoids. Critical Reviews in Plant Sciences, 35(5-6), 378-405.


Hall, W., & Weier, M. (2017). Has Marijuana Legalization Increased Marijuana Use Among US Youth? JAMA Pediatrics, 171(2), 116-118.


Kilmer, B., & MacCoun, R. J. (2017). How medical marijuana smoothed the transition to marijuana legalization in the United States. Annual Review of Law and Social Science, (0).


Sacco, L. N., & Finklea, K. (2014). State Marijuana Legalization Initiatives: Implications for Federal Law Enforcement 1. Journal of Drug Addiction, Education, and Eradication, 10(4), 507.

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