Argument in Favor of Cannabis Legalization

¶ … Colorado, Washington, Oregon, Alaska, and Hawaii have already moved to decriminalize marijuana and several are set to do so within the next several years. The legalization movement began with awareness about the health benefits of medical cannabis, which can be used to alleviate the symptoms of a number of medical conditions. Since then, a movement to legalize cannabis has been built on the grounds of human rights, civil liberties, and public health and safety. The "war on drugs" mentality has been fading into the unfortunate background of American history, leading to more intelligent and enlightened discourse on the matter. What is clear is that criminalization has not worked to reduce drug-related problems, and in fact, criminalization has actually caused more problems than it is purported to solve. Criminalization proliferates organized crime, makes drugs less safe, and creates human rights abuses and gross injustices ranging from mass incarceration to the disenfranchisement of whole communities. Decriminalizing cannabis is the only means by which to create a safer, more intelligent, and more just society committed to public health and human rights.

Legalization of cannabis creates a safer society in which access to legal drugs precludes the use of black market and illegal sources with potential connections to violent organized crime rings. Not only is legalized pot apt to be regulated and ensured for its quality, but it also does not need to be purchased from black market sources that support a host of other criminal activities less benevolent than cannabis marketing. Legalization also creates a more intelligent society that bases its policies and laws on evidence-based practice rather than propaganda and fear tactics. Poindexter notes that criminalization under the "war on drugs" rubric does not work and has become a scourge on the American social fabric. Cannabis is also safer than its legal counterparts like alcohol and tobacco (Poindexter). Federal legalization would also create a more intelligent and consistent application of the law. Currently, states can opt to legalize cannabis but the drug remains scheduled as a controlled substance illegal to transport across state borders. The result is inconsistency in the law and an unintelligent federal policy. Public health and safety would also improve with legalization because users would have legal access to drug rehabilitation services should they need them.

Legalization promotes human rights and social justice, primarily by reducing the rates of incarceration for nonviolent offenders. As NORML points out, over 20 million Americans have been arrested for marijuana-related offences since 1965, cause for tremendous concern that the United States has warped criminal justice priorities. Criminalization is a racist policy too, as "Blacks are more than three times as likely to be arrested for such offenses as whites are, though they are no more likely to use the drug," (Keefe 1). In fact, criminalization of cannabis has historically been a racialized issue designed to disempower and marginalize communities of color (Poindexter). Criminalization hurts all Americans and deprives citizens of their rights. Legalization would reduce prison overcrowding, a major human rights issue in the country and a source of shame and embarrassment. As Poindexter also points out, "the hundreds of thousands of people who are arrested each year but do not go to jail also suffer; their arrests stay on their records for years, crippling their prospects for jobs, loans, housing and benefits," making legalization a human rights imperative (1). Moreover, legalization supports constitutional rights to privacy and reflects the core libertarian values upon which the nation was founded instead of the police state and nanny state the nation has become.

Furthermore, legalization of cannabis has created the unlikely but welcome effect of making American roads safer, likely due to the reduction in amount of alcohol consumed in favor of the much safer drug, pot. Balko states that in Colorado since legalization, highway fatalities have dropped significantly, in spite of actual increases in the number of miles drivers spent on the road. Of course, causation is not correlation but the statistics do suggest that at least legalization of the drug has not been causing users to drive while intoxicated. More likely, users are able to stay within the comforts of their own home and not worry about driving. In fact, ," some researchers have gone so far as to suggest that better access to pot is making the roads safer, at least marginally. The theory is that people are substituting pot for alcohol, and pot causes less driver impairment than booze," (Balko 1). Poindexter concurs that legalized cannabis makes roads safer and also does not lead to increased use as the fear-mongers suggest.

Legalization is cost-effective, reducing the exorbitant amounts of money spent on criminal justice proceedings for non-violent crimes and also reducing medical costs associated with diseases and conditions for which cannabis should be prescribed. As Armentano points out, legalized cannabis products "induce a $58 to $115 per-person annual reduction in obesity-related medical costs" where they have become available (1). Cannabis provides readily available pain relief and psychological relief for users, reducing dependence on potentially dangerous and expensive pharmaceuticals. The legal costs linked with cannabis-related "crimes" are just as alarming as the health care costs, as enforcing laws on possession alone has been costing taxpayers more than $3.6 billion per year (Poindexter). Billions of dollars are diverted to cannabis related crimes instead of violent crimes, which should be the focus of law enforcement and the courts. In sum, criminalization of pot has been costing over $51 billion per year (Poindexter). Granted, legalization will open the doors for the commercialization of pot but this is to be expected in a capitalist society with free market ethos.

Finally, cannabis is a medicine and no legitimate medicine should be illegal. Americans have the right to use whatever medicine they desire. The legalization movement first started under the rubric of medical use. Legalized cannabis would be a means by which to allow Americans safe access to a drug with proven efficacy in certain areas of health. For example, Armentano links cannabis with decreased rates of obesity in spite of the drug's reputation for making people eat more. Poindexter elucidates some of the conditions cannabis can help, ranging from epilepsy and glaucoma to AIDS and cancer treatment symptom alleviation such as nausea and pain. Multiple sclerosis is also a condition for which doctors can prescribe medical marijuana in some states but not in others, leading to disparities in the quality of medical care. There is no reason why Americans only in a few states should be given the opportunity to alleviate their pain and symptoms.