Where Should the Buck Stop?
Marijuana became illegal with the passing of the Marijuana Tax Act in 1934. The Marijuana Tax Act required individuals who wished to sell or distribute marijuana to first register with the government and then pay a special tax. These requirements along with extremely strict government controls effectively criminalizing the medical or recreational use of marijuana (Schlosser). In 1938 The Federal Food, Drug and Cosmetic Act was passed, which established a class of drugs available by prescription. At the same time the Federal Food and Drug Administration (FDA) was given control over drug safety. In 1941 marijuana was officially removed from the US Pharmacopoeia (ProCon). Since the passing of the Marijuana Tax Act in 1936, and consequent reclassification of marijuana the federal government’s stance has become increasingly harsh. The “War on Drugs” initially declared by U.S. President Richard Nixon in 1971 (Baldwin), precipitated the enactment of The Comprehensive Crime Control Act of 1984, the Anti-Drug Abuse Act of 1986, and the Anti-Drug Abuse Amendment Act of 1988 which raised federal penalties for marijuana possession. However, since 1996 14 states, including California, have legalized medical marijuana even though it remains illegal for both medical and recreational use at the federal level. With California Initiative 09-0024 being considered for the November 2010 ballot, Californians are again being asked the question, should marijuana be legal to sell and consume for both medicinal and recreational purposes? (National Briefing) The answer is no; marijuana should not be legalized at the state level. Marijuana legalization and regulation should be handled at the federal level for medicinal purposes o...
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“Drug.” Def. 2. Merriam-Webster’s Collegiate Dictionary. Eleventh ed. Springfiled: Merriam -Webster’s, Inc., 2008. Print.
“History of Marijuana as Medicine - 2737 B.C. to 2008.” ProCon.org. N.p., 13 Apr. 2009. Web. 11 Mar. 2010. .
“NATIONAL BRIEFING WEST; California: Ballot Issue Gains Support.” The New York Times. N.p., 29 Feb. 2010. Web. 11 Mar. 2010. .
Schlosser, Eric. “Reefer madness. (part 1) (criminalization of marijuana) (Cover Story).” The Atlantic Aug. 1994: 45+. Expanded Academic ASAP. Web. 9 Mar. 2010. .
The opinion of Marijuana during the 70’s was much more relaxed than it is today. Approval of Marijuana by 27 states, new medical studies, and its consequences on those convicted from use of the most common general, the argument about marijuana in this country is: should Marijuana continue to be given to citizens based on its health effects, medicinal values, and costs to the country? The reasons why this argument is so important are great. As previously stated, Marijuana is the most commonly used illegal drug in the world, and with millions of people using it regularly and almost 100 million that have ever used it in this country, the laws behind this drug hold great influence. It is because of this and the immergence of new evidence, that the justification behind prohibition of this drug is being rethought scientifically, socially, and economically. The use of Marijuana as both medicine and a recreational drug is being thoroughly questioned in the US. 27 states have Marijuana approved in some form, many of those for medical purposes however those users can still, and do get placed into prison by federal law. Currently, 830,00 people a year are in trouble with the law in regards to Marijuana and numbers seem to be on an uphill trend . Furthermore, the US invests 30 billion a year into the drug war, half of which is dedicated to Marijuana. Many are questioning its success all together. Both imprisonment and the war cost our country, and therefore our people, money. A change in laws is going to have a dramatic affect on America.
For over seventy years, marijuana has been a growing problem in our society. Due to all of the controversy over this drug, there have been countless battles fought concerning marijuana's capabilities. In the 1930's, a moral panic surfaced with regard to the use of marijuana. The movie Reefer Madness is a perfect example of how the media stereotyped and distorted this new drug in order to construct it as a social problem, convincing society that this narcotic was single handedly destroying humanity.
Legalization of Marijuana has quickly become a controversial issue in America. In the United States, legalization of marijuana for medicinal purposes is spreading to the state level. For example, in November 1996, the people of California and Arizona voted to legalize marijuana for medicinal reasons. As a result of Proposition 215 in California, patients now smoke marijuana provided their physician recommends its usage. A prescription is not required, and marijuana continues to be illegal to prescribe. The Clinton administration responded that it “would not recognize these decisions, and would prosecute physicians who recommend or provide marijuana to their patients.” Although California and Arizona are the only two states to have already passed laws regulating marijuana usage, twenty-six states and the District of Columbia have laws and resolutions regarding marijuana usage. These laws and resolutions range from establishing therapeutic research programs, to allowing doctors to prescribe marijuana, to asking the federal government to lift the ban. Despite the states’ desires to have marijuana legalized for medicinal purposes, the US National Institutes of Health examined all existing clinical evidence about smoked marijuana and concluded that, “There is no scientifically sound evidence that smoked marijuana is medically superior to currently available therapies.”
Lawrence, Regina. "Shifting Demographics in Texas Politics." 27 July 2013. News-Journal.com. Web. 22 March 2014.
During Indiana's 2008 General Election." Journal Of Law & Politics 25.3 (2009): 329-373. ContentSelect Research Navigator. Web. 10 Apr. 2014.
The controversy of legalizing marijuana has been raging for quite a while in America. From some people pushing it for medical purposes to potheads just wanting to get high legally. Marijuana has been used for years as a popular drug for people who want to get a high. All this time it has been illegal and now it looks as if the drug may become legal. There has been heated debate by many sides giving there opinion in the issue. These people are not only left wing liberals either. Richard Brookhiser, a National Review Senior editor is openly supportive of medical marijuana yet extremely conservative in his writing for National Review (Brookhiser 27). He is for medical marijuana since he used it in his battle with testicular cancer. He says "I turned to [marijuana] when I got cancer because marijuana gives healthy people an appetite, and prevents people who are nauseated from throwing up. "(Brookhiser 27) Cancer patients are not the only benefactors from the appetite enhancer in marijuana, but so are any other nauseous people. Arizona and California have already passed a law allowing marijuana to be used as a medicinal drug. Fifty Six percent of the California voters voted for this law. "We've sent a message to Washington," says Dennis Peron. "They've had 25 years of this drug was, and they've only made things worse." (Simmons 111) The Arizona proposition garnished an even wider margin of separation between the fore's an against in a sixty five percent support tally. Ethan Nadelmann insists that " these propositions are not about legalization or decriminalization. They're about initiating some non radical, commonsense approaches to drug policy." General Barry McCaffery disagrees saying, "I...
Marijuana in America became a popular ingredient in many medicinal products and was openly sold in pharmacies in the late nineteenth century (“Busted-America’s War on Marijuana Timeline”). The National Institute of Drug Abuse defines marijuana as, “The dried leaves, flowers, stems, and seeds from the hemp plant Cannabis sativa, which contains the psychoactive (mind-altering) chemical delta-9-tetrahydrocannabinol (THC), as well as other related compounds” (“DrugFacts: Marijuana”). It was not until the Food and Drug act of 19...
Lately it seems that drug policy and the war on drugs has been in the headlines quite a lot. It is becoming increasingly apparent that the policies that the United States government takes against illegal drugs are coming into question. The mainstream media is catching on to the message of organizations and individuals who have long been considered liberal "Counter Culture" supporters. The marijuana question seems to be the most prevalent and pressed of the drugs and issues that are currently being addressed. The messages of these organizations and individuals include everything from legalization of marijuana for medical purposes, to full-unrestricted legalization of the drug. Of course, the status quo of vote seeking politicians and conservative policy makers has put up a strong resistance to this "new" reform lobby. The reasons for the resistance to the changes in drug policies are multiple and complex. The issues of marijuana’s possible negative effects, its use as a medical remedy, the criminality of distribution and usage, and the disparity in the enforcement of current drug laws have all been brought to a head and must be addressed in the near future. It is apparent that it would be irresponsible and wrong for the government to not evaluate it’s current general drug policies and perhaps most important, their marijuana policy. With the facts of racial disparity in punishment, detrimental effects, fiscal strain and most importantly, the history of the drug, the government most certainly must come to the conclusion that they must, at the very least, decriminalize marijuana use and quite probably fully legalize it.
History of Marijuana Marijuana has been used both recreationally and medicinally for centuries. There are numerous accounts of its medicinal qualities in multiple historical artifacts. Its use dates back to 2737 B.C. when the Chinese emperor, Shen Nung, used it for medicinal purposes including malaria, gout, poor memory, rheumatism, and analgesia (Carter et. al., 2003). Eastern Indian documents, in the Atharvaveda, dating back to 2000 B.C. also refer to its medicinal use.
“Chapter 2: The History of Marijuana.” Marijuana: Mind-Altering Weed (2008): 18-31. Book Collection: Nonfiction. Web. 24 Mar. 2014.
Cannabis, since its discovery, has been used for recreational and medical purposes. It was seen as a drug that was “safe” and did put the body at risk but benefited it. However, this is not the case anymore because the government under I Controlled Substances Act (CSA) of 1970 law banned the use of the narcotic and has the right to persecute anyone who attains the substance. Nonetheless, the question is not whether the drug is “safe” to use but whether the States should have the power to regulate marijuana or the federal government should continue having the control over the drug. Since 1996, 23 states including Washington D.C have passed laws that have legalized the medical use of marijuana, yet the federal government does not protect or even recognize the rights of users or possessors. The debate over marijuana has picked up momentum and many would agree that all this uprising conflict can be traced back to the constitution and the flaws it presents. The constitution is blamed for not properly distributing the States and Federal powers. Although the federal government currently holds supremacy over marijuana, States should have the power to regulate the drug because under the 10th amendment the federal government only has those powers specifically granted in the constitution, Likewise the States have the right to trade within their own state under the Commerce Clause.
Marijuana has been illegal for less than 1% of the time that it’s been in use (Guither, 2014). Going back to 1619, the Virginia Assembly passed legislation requiring every farmer to grow hemp. Hemp was allowed to be exchanged as legal tender in Pennsylvania, Virginia, and Maryland (Block, 2014). It was actually a crime in some states to refuse to grow hemp in the 1700's. In the late 19th century, marijuana was a popular ingredient in many medicinal products and was sold openly in public pharmacies (PBS, 2014). However, in the early 1900’s things changed, a prejudice and fear began to develop around marijuana because it was being used and associated with Mexican immigrants. In the 1930’s, the massive unemployment rates increased public resentment and disgust of Mexican immigrants, which escalated public and governmental concern (PBS, 2014). In 1930 a new federal law enforcement agency, the Federal Bureau of Narcotics (FBN) was created. Harry J. Anslinger was appointed the first commissioner of the FBN in 1930 (...
Despite the 1976 ruling by the federal government that marijuana has “no acceptable medical use”, sixteen states have passed medical marijuana laws that allow for patient use o...
Guide to California Government, Chapter 15, League of Women Voters of California, 14th Edition 1992. Retrieved from: http://www.smartvoter.org/gtg/ca/state/overview/county.html
The first law that regarded marijuana in America required farmers to grow hemp in the year 1619 for clothing, rope, and other materials, but “as early as 1840, doctors recognized the medical applications of marijuana, and the drug was freely sold in pharmacies for over a century.” (Rich and Stingl). In 1937, the use and possession of marijuana was made illegal, but “before 1937 marijuana was freely bought, sold, grown, and used. ”(Rich and Stingl). In 1970 the Congress decided to classify marijuana as a schedule one drug, which has made the legalization more difficult.