The Legalization of Marijuana - Essay Example

RUNNING HEAD: THE LEGALIZATION OF MARIJUANA Should the use of marijuana be legalized to any extent in the UK? [Date] Should the use of marijuana be legalized to any extent? The use of marijuana as medicinal and recreational has been a hot topic of discussion for many decades. With its abuse during the “flower power” of the seventies through its proven medicinal advantages to those afflicted with cancer, the general use of the herb has long been considered by many countries as illegal, with only several countries in Europe lifting the ban. Although there has been no medical record whatsoever of a death due to marijuana overdose, it is still considered a street drug, likened to those of methamphetamine, cocaine, and heroin (Marijuana Policy Project, 2007). Today, because of the bad reputation marijuana has, due mainly to it being a form of illegal drug, there has been a tug of war between experts who claim that marijuana should not be made illegal due to its medicinal purposes and it being a generally safe herb and those who are afraid of its adverse effects on the youths. This paper aims to present a comprehensive study on the topic of the legalization of marijuana in the United Kingdom through the presentation of research on cannabis use, effects, and policy. The paper will conclude with an analysis of the presented data by way of answering the question if marijuana should be legalized to any extent. Cannabis Sativa Cannabis Sativa is a plant of many uses, during the olden days up to now. It is resilient in various weather conditions making it easy to cultivate and can grow to a height of up to twenty feet (Earleywine, 2000, p. 3). Researchers found that the use of Cannabis Sativa’s stalks can be used for the fibers it provides to make hemp, which in turn was used to make bowstrings and rope for as early as 8000 B.C. in Taiwan (Earleywine, 2000, p. 4). With the age of industrialization came the mass production of hemp as a product in the form of the different types of rope that are used in ships (Earleywine, 2000, p. 6). Hemp was later used to make cloth and paper (Earleywine, 2000, pp. 7-8). It has been discovered that the seeds, on the other hand, was used in Ancient Rome, Lithuania, Poland, and India as main ingredients in a type of dessert and porridge (Earleywine, 2000, pp. 8-9). The resin, leaves and flowers of Cannabis Sativa, however, are the most famous parts for this is where various recreational and medicinal purposes come from (Earleywine, 2000, p. 3). The leaves, particularly, are the main source of marijuana. Because marijuana is the center of discussion in this paper, the author will focus on the recreational and medicinal ends of Cannabis Sativa—as it is these two aspects of the plant from which stems the debate regarding its legalization. Marijuana as Medicinal A Brief History It can be said that the main purpose for the use of marijuana in ancient times is medicinal. It has been found that it was used in Ancient Asia to assuage various illnesses such as pain—specifically labor and menstrual pains—seizure, muscle spasm, poor appetite, nausea, insomnia, asthma, and depression (Earleywine, 2000, p. 9). In fact, it was so potently used as a medicinal drug that Cannabis Sativa was listed as a holy plant in an Indian sacred book called Atharvaveda (Earleywine, 2000, p. 10). The medicinal uses of marijuana spread like wildfire as it is used in countless maladies all over the world. With the emergence of medical science came the proven medicinal advantages of marijuana as a study conducted by an Irish physician named William OShaughnessy in 1833 showed positive results on marijuana use among rheumatics (Earleywine, 2000, p. 13). The Ohio State Medical Society also concluded after a meeting in 1860 that marijuana eases pain, inflammation, and cough (Earleywine, 2000, p. 13). In 1980, the popularity of marijuana reached England as Queen Victoria’s chief physician, Sir J. Russell Reynolds, asserted the success of marijuana treatment for insomniacs, patients suffering from facial tics, asthmatics, and women with chronic menstrual problems (Reynolds, 1890 cited in Earleywine, 2000, p. 13). And the reputation of marijuana as a medicinal marvel continued into the early twentieth century where the famous drug company Parke Davis even manufactured a marijuana-based medicinal product (Mikuriya & Aldrich, 1988 cited in Earleywine, 2000, p. 13). However, due to the 1925 International Convention on Narcotics Control, the use of marijuana as a medicinal drug was disallowed in Britain due to it being categorized as a neurologically active plant (Crawford, 2002). Furthermore, the Marijuana Tax Act of 1937 imposed a huge amount of tax for its importation that largely limited its medicinal use and the studies conducted regarding its other medicinal advantages (Earleywine, 2000, p. 13). The Misus of Drugs Act of 1971 declared cannabis and cannabinoids as Class B and Class A respectively, with Class A having the most severe of punishments in terms of length of imprisonment (“Report of the Independent Inquiry into the Misuse of Drugs Act 1971,” n.d.). Contemporary Studies The late twentieth century has opened up the research on marijuana’s medicinal purposes as a desperate Robert Randall, an American suffering from Glaucoma (a disease that causes blindness), found that it reduces his “eye strain” (Grinspoon and Bakalar, 1997). He then began to grow cannabis in order to alleviate his glaucoma and stabilize his eyesight (Grinspoon and Bakalar, 1997). When the local police raided his house, he began his legal battle to prove that he was using marijuana medicinally and not recreationally (Grinspoon and Bakalar, 1997). Almost at the same time that Randall discovered the healing effects of marijuana on his disease, UCLA was also doing dome experiments and research of their own, which produced positive results in that the herb decreases intraocular pressure (Grinspoon and Bakalar, 1997). Thus, Randall became the first patient whereupon marijuana was experimented on at the Jules Stein Eye Institute at UCLA (Grinspoon and Bakalar, 1997). Randall (quoted in Grinspoon and Bakalar, 1997) commented on the success of his treatment that “Jimmy Carter was elected days before I walked out of a Washington, D.C., hospital carrying the nation’s first modern prescription for medical marihuana.” Recent studies also show that marijuana alleviates “nausea and weight loss associated with chemotherapy and AIDS” (Earleywine, 2000, p. 16). In fact, there have been drugs that have been created that imitate the medicinal qualities of marijuana—Nabilone and Dronabinol (Earleywine, 2000, p. 16). Moreover, a current study being done by the Medicinal Plant Facility in the United States asserts that marijuana positively fights “nausea and vomiting problems in cancer patients as well as fighting the wasting sickness, or anorexia-cachexia, suffered by 70 to 90 percent of AIDS patients” (Yates, n.d.). Then again, many other studies show the medicinal value of marijuana in that “it reduces, sometimes eliminating altogether, the seizures of epileptic patients, along with reducing nerve disorders of multiple sclerosis patients” and that it can kill the herpes virus (Yates, n.d.). It is also important to note that cannabis “improved the quality of life” of patients under extreme pain and with serious illnesses (Russo et al., 2001). With the presentation of historical and scientifically proven facts that attest to marijuana’s medicinal value, it is now important to look at the way it is used for recreational purposes—as this is the reason why governments have deemed cannabis as an herb that produces a high nature of “mischief” in its misuse (“Report of the Independent Inquiry into the Misuse of Drugs Act 1971,” n.d.). Marijuana as Recreational Mitch Earleywine (2000, p. 17) encapsulates the account of the use of cannabis as a recreational drug in the following statement: “The history of this form of cannabis consumption reveals a great deal about humankinds reactions to novelty, pleasure, and the unknown.” Indeed, this type of use of marijuana has not been as well-documented as its medicinal purpose. Earleywine (2000, p. 17) can only surmise that it probably started in Asia wherein the patients smoking marijuana found themselves enjoying its relaxing effects that they used it even outside of their illnesses. Its intoxicating effect, likened to that of alcoholic beverages, spread all over the world where variations of the plant’s products went as far as Hashish in Arab countries (Earleywine, 2000, p. 19). Cannabis’ negative psychological effects was highly criticized in England during the mid-1800s (Earleywine, 2000, p. 22). However, it was still consumed for its intoxicating and “inspiring” effects (Earleywine, 2000, p. 22). It is well-known that the 1960s to the early 1970s was the “hippie” age wherein marijuana was used intensively for recreational and inspirational purposes. And it can be said that the rest is history. Contemporary studies on the Effects of Marijuana With an estimated 200 to 300 million people all over the world (Earleywine, 2000, p. 30), 15 million of which from the UK alone (Atha, 2001), admitting to the use of marijuana for recreational purposes—attributing wholly to its bad reputation—numerous studies have been made regarding its psychological, neurological, and behavioral effects. Cannabinoid Neuroscience, a relatively new field of study emerged during the 1980s through the study of William Devane alluding to its non-neurotoxicity (Smith, 2000). Studies in this field show that “there is increasing evidence that at least some cannabinoids may have neuroprotective effects in conditions such as stroke and head trauma,” while there is no conclusive results that cannabis is neurotoxic (Smith, 2000). This means that smoking marijuana can protect against “neuronal damage induced by stroke and head trauma” and that it cannot be conclusively said if it acts as toxins to the brain (Smith, 2000). Furthermore, marijuana is considered to be less addictive than other substances, with caffeine garnering an even higher rate of dependency, withdrawal, and tolerance; and nicotine and alcohol presenting twice the level of intoxication as shown in the figure below (Safer Colorado, n.d.). Source: Safer Colorado, n.d. Because marijuana used is associated mostly to the youths, behavioral studies have been made regarding the cause and effect relationship the two have. However, it has been found that “cannabis use is symptomatic of individuals who are predisposed to problem behaviors and that, as a consequence, the linkages between cannabis use and other aspects of adjustment reflect the characteristics of individuals who use cannabis rather than the effects of cannabis on later adjustment” (Ferguson, Horwood and Lynskey, 1996). This means that the behavioral characteristics—violence, delinquency, and early sexual activities—usually taken as effects of marijuana use are usually the preconditions for the use (Ferguson, Horwood and Lynskey, 1996). In short, the violence and delinquency of youths—probably due to familial disputes and deep emotional and psychological stress—causes them to smoke marijuana, and not the other way around. Furthermore, no evidence has been found that cannabis is a “gateway drug” or that it stimulates the users into other forms of illicit drugs (Ministry of Health of Belgium, 2002). While these studies lean toward the positive side of cannabis. There have been many studies that also show that the regular and early intake of marijuana increases the risk of being schizophrenic (Cook, 2005). Furthermore, there is a genetic quality that makes an individual more susceptible to schizophrenia when coupled with the use of marijuana (Cook, 2005). Some reports, although admittedly “anecdotal,” connect the use of marijuana with suicide paranoia (Cook, 2005). Because marijuana is undoubtedly the most popular of all illicit drugs and due to its undeniable medicinal value, laws and policies affecting its use and possession have been the focus of much debate over the years. Law Implications With the many uses of Cannabis Sativa and its diverse effects come an overwhelming responsibility to protect its misuse. The next sections will examine the European countries where marijuana is legal and/or tolerated. This discussion will ascertain if there are harmful effects to the legalization of marijuana as per the experiences of the countries that do not ban its possession and use. Where Marijuana is Legally Tolerated Although the whole of Europe can be described as generally lax when it comes to sanctioning marijuana possession and use as perpetrators would most probably just get fined instead of imprisoned, cannabis is still generally treated as illegal (Ministry of Health of Belgium, 2002). It can be said that countries like Belgium and the Netherlands legally tolerate the use and possession of marijuana at varying levels, instead of a full legalization of the drug. The Netherlands’ drug policy maintains that public health is the principal concern for drug use and that there is difference between hard drugs and soft drugs, with the assumption that cannabis is a soft drug (Drug policy Alliance, 2007). The act of possessing cannabis in small amounts are not considered a crime (Drug policy Alliance, 2007). Furthermore, a coffee shop can sell marijuana—but not alcoholic drinks—given the following conditions: no more than 5 grams per person may be sold in any one transaction; no hard drugs may be sold; drugs may not be advertised; the coffee shop must not cause any nuisance; no drugs can be sold to minors (under age 18), nor may minors enter the premises; and the municipality has not ordered the establishment closed (Drug policy Alliance, 2007). It is important to note that: Separating the markets by allowing people to purchase soft drugs in a setting where they are not exposed to the criminal subculture surrounding hard drugs is intended to create a social barrier that prevents people experimenting with drugs like heroin, cocaine and methamphetamine, drugs deemed an “unacceptable risk.” Decriminalization of the possession of soft drugs for personal use and the toleration of sales in controlled circumstances has not resulted in a worryingly high level of consumption among young people…. Dutch rates of drug use are lower than U.S. rates in every category. (Drug policy Alliance, 2007) Belgium, in a report conducted with Germany, Switzerland, and France, corroborated this fact by stating that “relaxing cannabis possession laws does not increase the number of cannabis users” and that “cannabis is not a harmless substance” (Ministry of Health of Belgium, 2002). In 2003, Belgium has decriminalized Cannabis (together with the UK) (Marijuana Policy Project, 2003). Before that, when a person is caught with a small amount of marijuana, he or she is not arrested or penalized with the promise of “trying to quit” the habit (Marchand, n.d.). Where Marijuana is Illegal The United States is a country adamant about safeguarding American society from the negative implications of cannabis use. Cannabis is treated as an illicit drug (like cocaine and heroin) as part of its national drug policy and is punishable by imprisonment and huge fines (Harrison, Backenheimer and Inciardi, 1995). While the government’s drug policy becomes tighter and tighter, now with a “zero tolerance” attitude, the arrests have become increasingly higher over the years, with only just 326,850 in 1990 and 380,690 in 1993 (Harrison, Backenheimer and Inciardi, 1995). The number of arrests have reached 700,000 in 1997 (Thomas, n.d.). This not only presents the U.S. with the problem that their drug policy seem to be not working, but also that the estimated cost of housing these prisoners amount to $1.2 billion per year (Thomas, n.d.). Conclusion With the facts presented thereof, one can make a more educated decision on whether marijuana should be legalized in the UK or not. At present, the UK is one of the European countries that have decriminalized the use and possession of marijuana up to some extent, imitating the Netherlands in worrying more over hard drugs instead of cannabis (Dale, 2000). the House of Lords (quoted in Crawford, 2002) even clearly stated that “The acute toxicity of cannabis and the cannabinoids is very low: no one has ever died as a direct and immediate consequence of recreational or medical use.” Councilor John Mutton (quoted in Dale, 2000) further reinforces this by stating his belief that “Less harm is caused through smoking cannabis than drinking alcohol. Certainly less violence. Medical evidence appears to show that cannabis is less harmful than alcohol. You dont get cirrhosis.” It can be seen that whether marijuana will be fully legalized or not is still a hot topic of debate. With the presentation of the facts, it is obvious that it is unnecessary to further lengthen the wait on the legalization of cannabis. Its medicinal purposes outweigh the negative effects of its recreational one. There have been no substantive and conclusive data that links cannabis to adverse behavioral, psychological, and neurological effects. One opponent of its legalization even admitted the record as anecdotal, and therefore, unreliable. Furthermore, it can be seen that the United States’ strict policy on marijuana only had negative implications. The legalization of marijuana will also limit the black market and the people’s interactions with it. This will, in turn, lessen crimes that have to do with drug deals and also decrease the use of other hard drugs indirectly as the World Health Organization (quoted in Marijuana Policy Project, 2007) “exposure to other drugs when purchasing cannabis on the black-market increases the opportunity to use other illicit drugs.” There is also the fact that because cannabis is illegal, it is more exciting to use it. It is a known fact that sometimes what is prohibited is what is most desired. The author of this paper moves to legalize marijuana use in the UK—excluding minors, of course, and only to a certain extent and amount—and make it a pattern for the world to see that marijuana in itself should not be considered an illicit drug for its benefits far outweigh its disadvantages. Let the people who use it for recreational purposes be responsible for their own actions—as they have been responsible for their drinking ways. In fact, the world would probably have less instances of violence if marijuana replaced alcohol. References Atha, M. J. (2001). Cannabis Use in Britain. Retrieved May 2, 2007 from http://www.idmu.co.uk/pdfs/cannotes.pdf Cook, M. (2005). Cannabis: A Bad Trip for the Young. New Statesman. January 31, 2005. 134(4725), pp. 10+. Crawford, V. (2002). The Homelie Herbe: Vivienne Crawford Examines the Medicinal History of Cannabis in Britain. History Today. January 52(1), pp. 40+. Dale, P. (2000). Cannabis Should Be Legalised. Coventry Evening Telegraph. 17 February, p. 6. Drug Policy Alliance (2007). The Netherlands. Retrieved May 2, 2007 from http://www.drugpolicy.org/global/drugpolicyby/westerneurop/thenetherlan/ Earleywine, M. (2000). Understanding Marijuana: A New Look at the Scientific Evidence. New York: Oxford University Press. Ferguson, D. M., Horwood, D. M. and Lynskey, M. T. (1996). The Short-Term Consequences of Early Onset Cannabis Use. 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