Introduction
What is marijuana? How is it defined and why is it controversial in the US? According to the foundation for a Drug-Free World (2014), marijuana refers to the term used to describe the dried flowers, seeds, and leaves of the Indian hemp plant. In many instances, marijuana is often interchanged with the term cannabis. The Foundation for a Drug-Free World (2014) mentions that the hallucinogen chemical found is cannabis is known as THC, and may vary substantially from each different batch of marijuana. At the street where it is mostly sold, marijuana is commonly referred to as pot, dope, ganja, grass, weed, etc. Around the world, marijuana is the most illegally consumed drug. In the US alone, a 2007 revealed that 14.4 million people had smoked marijuana in the previous month at least once (The Foundation for a Drug-Free World, 2014). According to McLaughlin (2013), the question as to what should be done about marijuana has dominated both national and state politics. Essentially, it has generated a heated debate into whether or not its use should be legalized. It is the view expressed in this paper that marijuana should be legalized in the US because it would be unconstitutional to criminalize it; criminalization increases the use of other drugs; and the fact that its legalization will result in huge economic gains.
Why Marijuana should be legalized
The Unconstitutionality of its Criminalization
The criminalization of marijuana inherently results in the loss of personal freedom. The bill of rights of the US constitution essentially provides for the rights and freedoms of individuals the encompass speech, assembly, etc. In essence the bill of right respects the decision of individuals as being their own self-determination of their how their lives are organized, provided they keep within the law. According to Cloud (2009), the criminalization of marijuana is founded under the federal Marijuana Tax Act of 1938. In this regard, therefore even if other states essentially decriminalize its use, a person may still be arrested by federal law enforcement authorities for growing, consuming, or trafficking marijuana (Cloud, 2009). However, it is imperative for the federal government to weigh the prohibition of marijuana against the resulting loss individual freewill and the right to self-determination. It is wrong for the government to forbid people from willingly using a drug that affects only them as opposed to the whole society.
Criminalizing Marijuana Increases Use of Other Drugs and Creates a Black Market
This argument is based on two premises: that the said users of marijuana, due to its criminalization, will graduate to other legal drug forms such as cigarettes and alcohol which are more lethal; that it will essentially result in the extension of the black market thereby increasing drug trafficking.
In relation to the first premise, it is imperative to note that the ban on marijuana has not once in history succeeded in reducing the use of marijuana itself, or other forms of drugs for that matter. As a matter of fact, according to High Times (2014), the claims forwarded by law enforcement authorities concerning the success of the policies that curb marijuana use are not only ridiculous, but also fail to capture the fact of the mater. Considering the fact that those who smoke marijuana inevitably become both physically and emotionally attached to its use, it cannot escape the mind that with such ban, such individuals will inevitably be forced to rediscover other drug forms that accentuate the attachment created by marijuana. They may thus resort to the excessive use of alcohol, cigarettes, or even graduate to other classes of drugs considered having more stringent effects such as cocaine and heroin.
As it pertains to the second premise, the key point worth noting is that criminalizing marijuana does not prevent people from growing or selling it. As a matter of fact, it only results in the increment of the price threshold because of increased demand. According to Cloud (2009), a raid by the US Drug Enforcement Agency revealed at least 9, 000 tons of marijuana, whose street value was estimated to be well over 4 billion dollars. Therefore, in this regard, the illegality of marijuana makes it more valuable providing opportunities for cartels and middlemen to constitute a black market for its manufacture, supply, and distribution (High Times, 2014).
Legalization of Marijuana is good for the Economy
This argument is based on two premises; that the current US criminal justice system incurs huge costs in the process of arresting, prosecuting, and punishing those who violate the ban on marijuana; and that if marijuana were to be taxed, rather than criminalized, it would increase the revenue collection of the entire US economy.
With regard to the first premise, High Times (2014) explains that federal and state law enforcement authorities are tasked with far much bigger responsibilities than arresting close to a million individuals each year on marijuana related charges. According to High Times (2014), these arrests eventually result in increased litigation costs in disposing off the cases, and finally, further increase the burden on the tax payer of sustaining the US correctional system. In this regard, we can therefore deduce that not only does marijuana arrest cases divert essential law enforcement resources, but it also results in the clogging up of the judicial system, and the wastage of valuable jail space; space that could be used to store high-level criminals such as terrorists, murders, and rapists. Therefore, as Cloud (2009) asserts, by legalizing marijuana, the US economy will benefit from the freeing up of additional budgetary finances.
As it pertains to the second premise, it is imperative to consider first and foremost, that as stated before, marijuana use in America runs into hundreds of thousands, possibly millions. The main question therefore, is why can’t the government leverage this huge number to turn it into an avenue for additional revenue collection? Imagine how much taxing over ten million people could generate. According to Cloud (2009) a 2005 study by Jeffery Allen Miron approximated that the US could realize over 6 billion dollars each year if marijuana was to be taxed at the same rate as tobacco and cigarettes.
Opposing Arguments: Why Marijuana should not be legalized
According to Jung (2009), marijuana is harmful to the society in the sense that it results in health problems in both the user and other people. The term “other people” essentially denotes those exposed to marijuana smoke as secondary smokers. They could be children in the house, passersby, or passengers on a public service transport. Either way, The US Department of Justice and the Drug Enforcement Agency (2013), both assert this position, stating that those who use marijuana essentially lack the concise understating of the mental and physical effects of marijuana on society’s structures such as the family and the educational system. Fundamentally, the arguments against the legalization of marijuana based on its harmful effects suggest that it opens up the door to use of other drugs, promotes criminal behavior within the society, and that the costs for the enforcement of legalization far outweigh the benefits.
Conclusion
The argument that marijuana is harmful to both the primary and the secondary user is largely overrated. While indeed it is true that exposing other users to smoke constitutes a cause for certain restrictions, an outright ban on marijuana based on this fact is a fallacy because according to Jacques & Luling (2013), marijuana is less harmful and addictive than alcohol or tobacco use. This is accentuated by the fact that its use has got numerous positive attributes of medicinal value. For instance, marijuana provides relief from pain, enables relaxation, and is used as a sleeping aid (Jacques & Luling, 2013; High Times, 2014). The legalization of marijuana also reduces the existence of a lack market ad generally the exposure to other drugs. Furthermore, the cost of enforcing the ban on marijuana, is far much higher than the economic befits that arise from its legalization. Therefore, the US should consider legalizing marijuana.
Annotated Bibliography
Research shows that marijuana should be legalized in the US because it is unconstitutional to criminalize it; criminalization increases the use of other drugs; and the fact that its legalization will result in huge economic gains.
Cloud, J. (2009). Marijuana Should Be Legalized. (S.n.). Accessed on 4th November, 2014 from http://wjhs8c.pbworks.com/f/9_cloudjack_marijuana.pdf
Foundation for a Drug-Free World. (2014). What is Marijuana? Foundation for a Drug-Free World. Accessed on 4th November, 2014 from http://www.drugfreeworld.org/drugfacts/marijuana.html
This source articulates a detailed definition into what exactly marijuana is, its perceived effects, and it different forms. It establishes the basis for the inquisition into whether or not marijuana should be legalized, based on its inherent definition. It is credible because it is written and published by an organization that advances the notion of a drug-free world.
High Times. (2014). 10 Reasons Marijuana Should be Legal. In HighTimes.com. Accessed on 4th November, 2014 from http://www.hightimes.com/read/10-reasons-marijuana-should-be-legal
This source constitutes a magazine, and is one of the most important sources as used in the paper, because largely outlines several reasons as to why marijuana should be legalized. It will be used in the paper to show that marijuana, contrary to popular belief, is not harmful, promotes the positive health of individuals, and crates a more stable environment for society to exist. Its, credibility may be limited by the fact that it is not an academic source, rather one prone to popular culture.
Jacques, R., & Luling, V. T. (2013).This is why Marijuana should be Legal Everywhere. The Huffington Post. Accessed on 4th November, 2014 from http://www.huffingtonpost.com/2013/10/24/marijuana-legalization_n_4151423.html
Like the previous source, the authors of this source also argue in favor of legalizing marijuana. It has been used in the paper to show the relationship between marihuana and positive health, and the fact that the perceived effects of marijuana do not even begin to compare to those occasioned by cigarette smoking or alcohol. It is credible because it appears in a reputable online newspaper, the Huffington Post.
Jung, J. (2009). Alcohol, Other Drugs, and Behavior: Psychological Research Perspectives. SAGE.
This source provides insight into the psychological perspectives of the use of alcohol and other drugs, marijuana included. Although it aims to draw readers into understanding the nature of drug use and abuse, it has been sparingly used in the paper to signal the counter-arguments of those against the legalization of marijuana. Its credibility is established in the fact that it is a book whose author is n accomplished professional.
McLaughlin, C. E. (2013). As Haze Clears, Are American Opinions on Marijuana Reaching Tipping Point? In CNN.com. Accessed on 4th November, 2014 from http://edition.cnn.com/2013/08/14/us/marijuana-legalization-tipping-point/
The theme articulated in this source seeks to capture the fact that American opinion regarding marijuana is shifting, with at least more than 50% of the people clamoring for its legalization. It has been used in the introduction t introduce the debate into the controversy afforded by marijuana. It is a credible source because the author is a journalist with the CNN news network.
US Department of Justice. (2013). The DEA Position of Marijuana. US Department of Justice. Accessed on 4th November, 2014 from http://www.justice.gov/dea/docs/marijuana_position_2011.pdf
This is another important source that establishes the case for the legalization of marijuana. It outlines several premises upon which marijuana should be considered harmful to the society, an, as such, forms a large part of the rebuttals to the counter-arguments against legalization marijuana. It is solidly credible because it is government funded research article.
Works Cited
Cloud, J. Marijuana Should Be Legalized.(S.n.), 2009. Accessed on 4th November, 2014 from http://wjhs8c.pbworks.com/f/9_cloudjack_marijuana.pdf
Foundation for a Drug-Free World. What is Marijuana? Foundation for a Drug-Free World, 2014. Accessed on 4th November, 2014 from http://www.drugfreeworld.org/drugfacts/marijuana.html
High Times.10 Reasons Marijuana should be Legal. In HighTimes.com, 2014. Accessed on 4th November, 2014 from http://www.hightimes.com/read/10-reasons-marijuana-should-be-legal
Jacques, R., & Luling, V. T. This is Why Marijuana Should be Legal Everywhere. The Huffington Post, 2013. Accessed on 4th November, 2014 from http://www.huffingtonpost.com/2013/10/24/marijuana-legalization_n_4151423.html
Jung, J. Alcohol, Other Drugs, and Behavior: Psychological Research Perspectives. SAGE, 2009.
McLaughlin, C. E. As Haze Clears, Are American Opinions on Marijuana Reaching Tipping Point? In CNN.com, 2013. Accessed on 4th November, 2014 from http://edition.cnn.com/2013/08/14/us/marijuana-legalization-tipping-point/
US Department of Justice. The DEA Position of Marijuana.US Department of Justice, 2013. Accessed on 4thNovember, 2014 from http://www.justice.gov/dea/docs/marijuana_position_2011.pdf
