The Inexorable Legalization

Cannabis, marijuana, weed, pot, whatever it’s name, the debate on whether society should legalize the substance THC has raged since the 1937 Marihuana Tax Act effectively made the drug illegal (Nicholas). Although Marijuana has been used medically for centuries, first by the Egyptians and then ancient Chinese dynasties, in the past century a great movement towards the banning of the drug has sprung up (Nicholas). However, this millennium the medical legalization of the drug in many states is forcing law makers to revisit marijuana’s status as illegal. This paper will discuss why marijuana should be legalized, first because of the dysfunctional way in which the system addresses marijuana, the changing public view of the war on drugs, and the fact that adolescence appear to be unaffected by anti-marijuana public service announcements .

The first indication that marijuana prohibition has failed is the booming market for marijuana. Looking at California specifically we can tell from the numbers that the underground marijuana market is thriving under injunction. In the 2005 growing season alone, law enforcement destroyed 4.5 billion dollars’ worth of illegal marijuana in the hills of northern California (Ritter). Many of the plants destroyed belonged to the Mexican drug cartels that have the corner market in the territory (Ritter).

This obviously causes safety complications for law enforcement officers who try to destroy the marijuana and apprehend the cartels. As stated in a USA Today article in 2005 “A state Fish and Game officer was wounded and a suspect shot and killed in a Santa Clara County bust in June, the fourth incident in two years” (Ritter). These incidents continue to occur as illegal marijuana becomes more valuable. On the east coast a pound of marijuana can cost up to 5000$. The high price only provides more incentive for organized crime to produce their products (Ritter).

All of these under the table profits that Cartels are earning in the industry go completely untaxed, placing money in the pockets of criminals to fund more deadly activities. This also removes income from the federal government that could be used to fund anti-drug initiatives on harder drugs like heroin and methamphetamine. Also, the law enforcement lives that are being lost due to the marijuana raids are need-less. If we legalized the substance, regulated and taxed it properly, law enforcement could focus on drugs that are much more addictive and damaging.

The system also disproportionally punishes the offence of possession of marijuana. As stated in an article published in the Virginia Journal of Social Policy & the Law, “Under the federal drug laws, marijuana is designated a Schedule I controlled substance, a status reserved for the drugs with the most serious potential for abuse and no medical benefit. This status places marijuana in a graver category than cocaine and on a par with heroin” (Blumenson).

The second point to focus on is the popularity of legalization among the voting populace and legislators. In several states including Missouri, ballot initiatives and reform bills have begun to work toward the ends of marijuana legalization (Blumenson).These initiatives have plenty of on the ground support from a population that sees the ineffectiveness of the current system on a regular basis. Attorney General Eric holder has demanded a halt to prosecution of medical marijuana offenders in states that allow it (Blumenson). The Obama administration also seems to be leaning toward treating rather than punishing and jailing non-violent marijuana offenders. Many in his constituency also seem to be pro-treatment rather than punishment for offences that over 100 million Americans have committed (Blumenson).

The third problem with marijuana being illegal is the fact that it is easier to access by minors, than alcohol or tobacco. Studies show that public service announcements like the “above the influence” campaign have little effect on teens (Carpenter). An article published in the scholarly journal Health Communication found that teen’s exposed anti-marijuana ads had a negative reaction to the ad as opposed to marijuana (Kang).

So since public service announcements are failing to get through to teens, perhaps it is finally time to try new tactics. Legalizing Marijuana would remove the substance from the streets and enable it to be regulated and its sale monitored by law enforcement. Safely placing the substance out of the reach of adolescents and teens much the same way tobacco and alcohol are. Furthermore, marijuana is currently considered a gate way to other much more potent and addictive substances. Should we decide to legalize, marijuana would no longer be a gate way drug any more than tobacco or alcohol are.

Some would argue that legalizing the substance would lead to wider spread usage, and of course, this is always a possibility. However, today we currently have over 100 million users nationwide, which results is the arrest of well over 700,000 Americans annually for nonviolent crimes (Blumenson).

This places them in our overcrowded prisons and creates a burden that the tax payers are in turn forced to shoulder. Highly taxed legal marijuana would place money back in the pockets of the people and out of the hands of criminals. Many would agree that the added benefits of a boost to the economy, and more tax revenue, along with a deflated criminal justice system would make the increase in recreational smokers a minimal price to pay.

So the question remains as to whether the American society should repeal their ban on the drug THC. With the mounting evidence of failed prohibition, the changing public opinion on the matter, and the fact that adolescents appear to be unaffected by anti-marijuana messages, the time may well have come for the law to revert back to before the 1930’s. With the added pressures of the medical marijuana movement this change may occur sooner than anyone has previously visualized.

Work Cited

Blumenson, Eric, and Nilsen, Eva. 2009. “No Rational Basis: The Pragmatic Case For Marijuana Law Reform.” Virginia Journal Of Social Policy & The Law 17:43-82

Carpenter, Christopher and Pechmann, Cornelia. 2011. “Exposure to the above th Influence Ant drug advertisements and Adolescent marijuana Use I the United States, 2006-2008.” American Journal of Public Health. 101:948-949.

Kang, Yahui, Cappella, Joseph, and Fishbein, Martin. 2009. “The Effects of Marijuana Scenes In Anti-Marijuana Public Service Announcements On Adolescents’ Evaluation Of Ad Effectiveness.” Health Communication 24: 483-493.

Ritter, John. 2005. “Drug Agents Can’t keep up with Pot Growers.” USA Today.
Nicholas, Phil. 2007. “Banning Marijuana: Harry Anslinger the Prohibition Bureaucrat in the New Deal.” Northeastern Political Science Association 1:1.