Arguments for marijuana legalization and regulatory approaches

Legalization of Marijuana

SHOULD MARIJUANA BE LEGALIZED IN THE UNITED STATES?

For over 40 years the United States has struggled with how the use of marijuana should be governed. On one side, proponents argue that it should be legal in the same way alcohol and cigarettes are, or legal in small amounts. They do not feel that people who have small amounts for personal use should be prosecuted in any way. Recently, the prestigious medical journal The Lancet has suggested that keeping marijuana illegal may do more harm to society than its actual use does. They point out that the negative effects from use of alcohol are far greater than any negative effects from the use of marijuana (Joffee & Yancey, et. al., 2004).

However, those in favor of maintaining marijuana's status as an illegal substance argue that marijuana is not harmless and that in some ways it is very like other drugs few would want to see legalized. They fear that if the use and possession of marijuana is decriminalized, usage rates will go up, resulting in increased problems for society (Joffee & Yancey, et. al., 2004).

While both sides make strong points, the fact is that humans have used substances that are not entirely good for them, such as alcohol and tobacco, for thousands of years. In the cases of alcohol and tobacco, the government response was to regulate their use rather than outlaw it. This approach should be considered for marijuana as well.

OBJECTIONS TO MARIJUANA USE

The active ingredient in marijuana is tetrahydrocannabinol, often shorted to THC. Critics note that it acts on the same area of the bran that helps create a condition of addiction with some other drugs. Critics note negative effects from THC on thinking, behavior, short-term memory, attention span, ability to concentrate, motivation and problem solving. They note that long-term use increased the impact of these problems. The American Academy of Physicians notes that THC affects coordination, judgment and other cognitive skills that can lead to accidents, especially auto accidents, and note that smoking marijuana is at least as hard on the lungs as tobacco. Other studies have tied the use of marijuana to various mental health problems (Joffee & Yancey, et. al., 2004).

Those who favor the legalization of marijuana, however, note that correlation does not equal causation. The use of marijuana and the development of a psychological disorder may occur together, but that does not mean that the marijuana caused the psychological difficulties. It may be in fact that it was the psychological problems that led to excessive use of marijuana. Such patterns are seen with alcohol as well.

In fact, those in favor of the decriminalization or legalization of marijuana point to alcohol and cigarettes as an example. People become markedly poorer drivers after just two drinks, often before they would approach the minimum blood level set for saying a person is "driving under the influence" (Deutch, 2004). Alcohol abuse often causes the same problems seen with extended marijuana abuse, and more in addition, and yet alcohol remains legal.

OTHER COUNTRIES

In the United States, selling marijuana can result in up to five years in jail plus fines of up to $250 for a first offense (Portillo, 2005). However, other countries have taken a different approach. In some Australian territories, marijuana use is now legal. Both Canada and Switzerland as well as other European countries are reconsidering how they want to handle marijuana use (Joffee & Yancey, et. al., 2004).

The Netherlands is often used as an example of how governments might handle marijuana. Interestingly, most people don't realize that the possession of all but a very small amount (less than an eighth of an ounce) of marijuana is illegal in the Netherlands (AP Worldstream, 2004). The law allows use but forbids possession (Joffee & Yancey, et. al., 2004). Nevertheless it is sold openly in many coffee shops, especially in Amsterdam. It is sold much as alcohol is in American bars, even though the practice is illegal (Deutch, 2004). In spite of marijuana's easy availability, however, use of the drug among teens in the Netherlands has dropped in recent years. Around 21% of the Dutch population aged 15 to 65 admit they have tried it. This compares to about 38% in the United States (Deutch, 2004). Other Dutch research shows that currently about 10% of male Dutch teens use marijuana, while about 7% of female Dutch teens use it, This puts The Netherlands more or less in the middle for usage when compared to other European countries, and makes their teen use significantly less than that in the United States (AP Worldstream, 2004).

Some officials in The Netherlands, however, have continuing concerns. One institute notes that the amount of THC in the marijuana being sold in their coffee shops has doubled since 2000, making the weed markedly more potent than it used to be. Reasonable people might worry, for instance, about a driver not realizing that the joint he or she just smoked was much stronger than previous ones, and be more of a driving hazard than the person was aware of. Some believe that the government will consider re-categorizing it with such drugs as Ecstasy and cocaine, which would make it a much more serious crime to possess or use it (AP Worldstream, 2004). Meanwhile, a conservative element in the government wants to act now to criminalize use and possession of all amounts of marijuana, and they are experimenting with banning its sale completely from towns that border other countries (Deutch, 2004). The purpose of this would be to curb tourists who might come to The Netherlands simply for easy access to the drug.

CONCLUSION

For the United States, it might be prudent to remember the era of prohibition, when the government tried to control alcohol consumption. While alcohol abuse causes serious problems for society, its prohibition made criminals of those who manufactured, transported, sold, or consumed alcohol. It did not reduce problems from alcohol consumption and caused new and serious ones. Perhaps our country should consider regulating marijuana as we do alcohol. We can look on the label of any alcoholic drink and see the content of alcohol, we restrict its sale by age, and we enforce rules about driving under the influence.

Until marijuana became easily available on the Internet, those who used it had to go to people who were acknowledged criminals and commit a criminal act themselves to purchase the drug. They committed another crime when they smoked it, and a third if they shared it with a friend. These activities were all crimes during prohibition, but the illegal substance was alcohol. Repealing prohibition eliminated a major way for criminals to feed off society and has allowed us to pass laws that while not always enforced, have improved society's problems with alcohol. Bartenders are now liable if they serve more alcohol to an inebriated person. Police watch the traffic for intoxicated drivers. The penalties for driving under the influence have become more severe resulting in greater protection to society.

Since legislation cannot stop people from acting in certain ways, but only govern our response to those actions, it would make more sense to both legalize and control marijuana so we can influence its negative effects on society in a more effective way.

SOURCES

AP Worldstream. 2004. "Cannabis Use in The Netherlands Down." AP Worldstream, May 25.

Deutch, Anthony. 2004. "Government faces resistance on tougher marijuana stance." AP Worldstream, April 27.

Joffee, Alain, MD, MPH, and Yancey, Samuel, MD., with the Committee on Substance Abuse and the Committe on Adolescence. 2004. "Legalization of Marijuana: Potential Impact on Youth. American Academy of Pediatrics Technical Report." Pediatrics 113:6, June.

Portillo, Ely. 2005. "Web sites selling marijuana, paraphernalia proliferate." Knight-Ridder/Tribune News Serice, July 7.

Staff writers. 2005. "Safety - how alcohol affects the brain." New Straits Times (Science section), December 5.