There are clear rules and laws that discriminate between legal and illegal things but there are no given reasons as to why this discrimination is made. In the case of drugs, there is no other opinion apart from being harmful and illegal. Marijuana in particular, is referred to as a main source of enjoyment for the generations today. Since the very existence of the drug, there has been a non-stop debate regarding its legalization in the United States of America. It has been tested and proved that marijuana has a positive impact on the society in numerous ways. Marijuana is a natural plant found across the globe that is known to give users a “high” due to which its use is considered illegal universally (Harper, Strumpf and Kaufman). Despite the strict laws, many people today are siding with pro marijuana legalization particularly in America. There are many medical and recreational benefits of using marijuana but the opponents claim that the use is unhealthy and hence, the drug should not be legalized at any cost. People are raising this issue more as they come to realize the lack of health consequences if the use of marijuana is controlled and simple because of the fact that everybody wants a free will to decide when there is no direct harm of the use. The issue can be considered from several moral perspectives as the issue of legalization is closely linked to ethics and morality. The moral theories, or the normative theories of ethics are a means to help distinguish between right and wrong. For the purpose of supporting my stance on legalizing marijuana, I shall consider the theories of utilitarianism and the rights theory or the duty theory in this paper.
Facts about Marijuana
The opinion of public is rapidly shifting about marijuana over time. The fight to legalize the recreational and medical use of marijuana has been raging as Americans realize that the benefits outweigh the costs. There is a certain change in trends that has been witnessed and according to the survey conducted by the PEW Research Center during 14-23 February 2014, the following facts have been identified.
It has been identified through the General Social Survey that more than 52% of the Americans support legalization of marijuana. In the survey conducted by Gallup in 1969, only 12% of the respondents favored legalizing the use of marijuana. It was only during the last thirteen years after 2000 when the support rose by 11 points. Moreover, around 76% of the people believe that minor possession of the drug should not lead to serving in jail. Each group has differing views regarding marijuana legalization as merely 31% of the Republicans are supporters. Only 39% of Hispanics support legalization as compared to the majority of non-Hispanics. As far as generations are concerned, 63% of millenials (people belonging to 1881-1888) support legalization while only 27% of those from the Silent Generation (born 1828-1845) share the view. Baby Boomers (1848-1884) were great supporters during 1970s of the drug but then became opponents in 1980s while now again 51% are in favor of legalization while merely 46% oppose the view (Motel).
Around 69% Americans consider alcohol as more harmful for the health as compared to marijuana while 15% consider the latter more injurious to health. Another significant trend regarding marijuana legalization issue is that while the support is growing, more than 63% of Americans would be bothered if the drug was used publically even after becoming legal, 57% people were clear that they would not mind if the drug was sold in their neighborhood legally. If the drug was legalized, more than 54% people believed that the underage consumption would likely be rising. According to the 2012 National Survey on Drug Use and Health, almost 47% of Americans claim having tried marijuana as compared to only 11% the previous year (Motel). The survey conducted by government showed that 7.3% of Americans from age 12 years and above had used marijuana in January 2014 (Campbell). In America, the District of Columbia along with the four states, Colorado, Alaska, Oregon and Washington have passed measures to legalize the use of marijuana. Moreover, almost half of the states of the country allow the use of medical marijuana.
Utilitarianism
Amongst the normative theories of ethics, utilitarianism has a very simple view—to distinguish between right and wrong, the cost-benefit analysis can be helpful as those acts are deemed to be good that result in beneficial consequences while the acts are wrong that lead to adverse costs. There are no particular arguments that detail the side effects of smoking marijuana as the supporters believe that using marijuana elevates the feeling of happiness which is its only side effect. According to Jeremy Bentham, “the theory which accepts as the fundamentals of morals, utility or the greatest happiness principle, holds that one’s actions are right if those actions promote happiness and wrong if they produce negative effects. The happiness is intended to produce pleasure and not pain” (Bentham). According to the utilitarian concepts, if people use marijuana at their homes, their pleasure would increase and so, there is no right whatsoever of the government to prohibit an act that is ethically justifiable. Apart from the happiness principle, there are many other benefits from the use of marijuana as it is a very significant medical drug. Until now, no issue has been detected by the use of medical marijuana. As a medicine, it helps to relieve pain of migraines, ADHD, ADD and is helpful in the prevention of Alzheimer’s (Dyer). No tested drawbacks of the drug have been proven and unlike sleep aids or painkillers, it is not even addictive.
Another benefit that legalization of marijuana would result in is economic relief. Nobody can even imagine how legalizing marijuana can help in the recovery of the American economy. More money would be brought into the nation when drug is regulated. Currently, in California, the use of drug for medical purpose brings in 14 billion annually and once it is legalized, only in California the money generated would rise to $4 billion. If the income of government rises, the expenditures would decline. The government spends almost $68 billion on prisoners in jail that also include those with drug crimes like marijuana; by legalizing the drug, $11.5 bn tax money spent on prisoners would be saved (Caulkins et al.). But more importantly, the legalization would generate income for government as the taxation on use and distribution of marijuana would help regulate the economy.
Duty Theory or Rights
The duty theory focuses on the rights of the people towards themselves and others. Marijuana was banned in 1973 in United States under The Marijuana Tax Act of 1937. It was testified by Anslinger in 1937 that it needed to be prohibited while he stated: “Marijuana is the most violence causing drug in the history of mankind. Most marijuana smokers are Negroes, Hispanics, entertainers and Filipinos. Marijuana causes white women to seek sexual relations with Negroes” (Hempcar.org). It is also a belief that the prohibition laws were passed on the basis of discrimination which clearly mean that the human rights were violated. Generally, right is the entitlement of something to an individual. As Velasquez believes, rights are a powerful tool as it gives an individual the ability to choose freely whether to pursue or decline an activity. Abraham Lincoln identified that the prohibition laws are against the foundations of the government as it is the right of every individual to choose whatever they consider is correct until and unless it does not pose any threat to the community. Considering the case of marijuana, making it illegal violates the rights of the people since it obeys the duty you have towards others and the duty you have towards yourself (Harper, Strumpf and Kaufman). There is no immoral consequence of smoking marijuana which means that no harm is being caused so, it is the personal decision of every individual to choose whether to use the drug or not. The opponents back the illegalization with false assumption. Nobody forces the use of marijuana but this should remain a free choice. It is the right of every human being to seek pleasure in life and choosing a different mean to seek pleasure is not a crime; those who chose the pleasure source as marijuana are not criminals and their individual rights must be respected and granted.
Analysis and Conclusion
Considering both the ethical theories and the general trend towards the use of marijuana, it can be seen that the use of marijuana is still a taboo. But the norms of the society are greatly changing and there are three major reasons due to which this is happening. First of all, not being a harmful drug, marijuana should be legal like cigarettes and alcohol. There is directly no threat caused by the use of marijuana unlike the overdose of alcohol which may be a cause of death even. Secondly, it has already been widely accepted that marijuana is a helpful tool as a good medicine. Especially in the case of sports, the recreational and medical use of the drug has been legitimately accepted. Apart from this, there are many health related advantages including mitigating multiple sclerosis, relieving pain and even reducing dystonia. But most important is the fact that by legalizing the use of marijuana, the economy can be boosted and reestablished; from a fiscal point of view, the marijuana legalization makes sense. Not only the legalization would represent a potential tax windfall but also relieve the immense burden on the government spending to manage the prison systems. From the ethical standpoint, it is the right of every individual to choose what form of pleasure they seek as seeking happiness and pleasure is also the human right. So, until an act is morally wrong or harmful to the society as well as self, the government may not force prohibition. Never has any problem occurred due to smoking of marijuana as it merely increases the intensity of happiness in a person so for recreational purpose, it is not morally wrong. So, from both the utilitarianism and considering from the aspects of the duty theory, the legalization of marijuana should take place.
Works Cited
Bentham, Jeremy. Utilitarianism. London: Progressive Pub. Co., 1890. Print.
Campbell, Greg. Pot, Inc. New York: Sterling, 2012. Print.
Caulkins, J P et al. 'High Tax States: Options For Gleaning Revenue From Legal Cannabis'. (2013): n. page. Print.
Dyer, O. 'The Growth of Medical Marijuana'. BMJ 347.jul31 1 (2013): f4755-f4755. Web.
Harper, Sam, Erin C. Strumpf, and Jay S. Kaufman. 'Do Medical Marijuana Laws Increase Marijuana Use? Replication Study and Extension'. Annals of Epidemiology 22.3 (2012): 207-212. Web.
Hempcar.org,. 'Marijuana And Hemp Story: Why Was Marijuana/Hemp Banned? (Page 5 of 10)'. N.p., 2014. Web. 18 Nov. 2014.
Motel, Seth. '6 Facts about Marijuana'. Pew Research Center 2014. Web. 18 Nov. 2014.
