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Saturday, May 16, 2020

Pros and Cons of Legalizing Marijuana in the U.S

According to a  2017 poll,  52% percent of American adults have tried marijuana at some point in their lives. The dried blossom of cannabis sativa and cannabis indica  plants, marijuana has been used for centuries as an herb, a medicine, as hemp for rope-making, and  as a recreational drug. Did You Know? Before the 20th century, cannabis plants in the U.S. were relatively unregulated, and marijuana was a common ingredient in medicines. As of 2018, the U.S. government claims the right to, and does, criminalize the growing, selling,  and possession of marijuana in all states. This right is not given to them by the  Constitution, but by the  U.S. Supreme Court, most notably in their 2005 ruling in  Gonzales v. Raich, which again upheld the right of the federal government to ban marijuana use in all states, in spite of the dissenting voice of Justice Clarence Thomas, who stated: By holding that Congress may regulate activity that is neither interstate nor commerce under the Interstate Commerce Clause, the Court abandons any attempt to enforce the Constitutions limits on federal power. Brief History Recreational use of marijuana was thought to have been introduced in the U.S. early in the 20th century by immigrants from Mexico. In the 1930s, marijuana was linked publicly in several research studies, and via a famed 1936 film named Reefer Madness to crime, violence, and anti-social behavior. Many believe that objections to marijuana first rose sharply as part of the U.S. temperance movement against alcohol.  Others claim  that marijuana was initially demonized partly due to fears of the Mexican immigrants associated with the drug. In the 21st century, marijuana is illegal in the U.S. ostensibly due to moral and public health reasons, and because of continuing concern over violence and crime associated with production and distribution of the drug. In spite of federal regulations, nine states have voted to legalize the growth, use, and distribution of marijuana within their borders. And many others are debating whether or not to do the same. Pros and Cons of Legalization Primary reasons in support of legalizing marijuana include: Social Reasons Prohibition of marijuana  is unwarranted government intrusion into individual freedom of choice.Marijuana is no more harmful to a persons health than alcohol or tobacco, which are both legal and widely used, and regulated by the U.S. Food Drug Administration.Marijuana has proven medical benefits for patients suffering from a  host of ailments and diseases, including cancer, AIDS, and glaucoma.Crime and violence, both within the U.S. and at the U.S.-Mexico border, are greatly increased due to illegal selling and buying of marijuana. Legalization would logically end the need for such criminal behavior. Law Enforcement Reasons According to the  FBI Unified Crime Statistics,  587,700 people were arrested in 2016 for marijuana-related crimes, more than for all violent crimes like murder and rape combined. As a result, marijuana arrests  place an undue burden on our judicial system.Drug busts of youth for marijuana offenses often carry harsh penalties that can cause undue  social harm with lifelong consequences. Fiscal Reasons Marijuana is one of Americas top-selling agricultural products. According to the  Colorado Department of Revenue, combined four-year sales of marijuana for that state since it legalized cannabis in 2014 has now topped $4.5  billion.... mainstream pundits like Fox News  Glenn Beck  and CNNs  Jack Cafferty  have publicly questioned the billions spent each year fighting the endless war against drugs,  per the San Francisco Chronicle  in 2009. If marijuana was legalized and regulated, an estimated $8 billion would be saved annually in government spending on enforcement, including for the FBI and U.S.-Mexico border security. Primary reasons against legalizing marijuana include: Social Reasons Much in the same way that pro-life advocates seek to make abortion illegal for all based on moral grounds, so too do some Americans wish to make marijuana illegal because they believe its use is immoral.Long-term or abusive use of marijuana can be harmful to a persons health and well-being.Second-hand smoke from marijuana can be harmful to others.Many allege that regular marijuana use can lead to the  use of harder, more harmful drugs such as heroin and cocaine. Law Enforcement Reasons Some opponents of legalizing marijuana believe that individuals involved in illegal buying and selling of the drug are more likely than average to be involved in other crimes  and that society is safer with marijuana offenders incarcerated.Law enforcement agencies dont want to be construed as supporting drug use. There are no significant fiscal reasons against U.S. legalization of marijuana. Legal Background The following are milestones of federal marijuana enforcement in U.S. history: Prohibition, 1919 to 1933:  As the  use of marijuana became popular in response to alcohol prohibition, conservative anti-drug campaigners railed against the Marijuana Menace, linking the drug to crime, violence,  and other bad behaviors.1930, Federal Bureau of Narcotics  established:  By 1931, 29 states had criminalized marijuana.Uniform State Narcotic Act of 1932: This act pushed the states, rather than federal authorities, to regulate narcotics.Marijuana Tax Act of 1937:  People who sought certain medical benefits of marijuana could now do so freely, provided they paid an excise tax.1944, New York Academy of Medicine:  The esteemed institution bucked current thinking by putting out a report finding that marijuana does not induce violence, insanity or sex crimes.Narcotics Control Act of 1956:  This piece of legislation set  mandatory prison sentences  and fines for drug offenses, including for marijuana.1960s Counter-Culture Movement:  U.S. marijuana use grew rapidly during this time. Studies commissioned by Presidents Kennedy and Johnson concluded that marijuana use did not induce violence.1970: Congress repealed mandatory penalties for drug offenses. Marijuana was differentiated from other drugs. Per PBS,  It was widely acknowledged that the  mandatory minimum sentences  of the 1950s had done nothing to eliminate the drug culture that embraced marijuana use throughout the 60s... 1973, Drug Enforcement Agency:  President Nixon created the DEA to enforce the controlled substances regulations and laws of the United States.Oregon Decriminalization Bill of 1973: In spite of federal regulations,  Oregon becomes the  first state to decriminalize marijuana.1976, Conservative Christian Groups:  Led by Rev. Jerry Falwells Moral Majority, rising conservative groups lobbied for stricter marijuana laws. The coalition grew powerful, leading to the 1980s War on Drugs.The Controlled Substances Therapeutic Research Act of 1978: By passing this act in its legislature, New Mexico became the first state in the Union to legally recognize the medical value of marijuana.Anti-Drug Abuse Act of 1986:  Pushed for and signed by  President Reagan, the act raised penalties for marijuana offenses  and established harsh mandatory three strikes  sentencing laws.1989, New War on Drugs:  In his Presidential Address of September 5, George H.W. Bush outlined a new strategy to combat the evils of drug use and trafficking, led by Bill Benett, the nations first-ever drug policy director.1996 in California:  Voters legalized marijuana use for cancer, AIDS, glaucoma,  and other patients, via a doctors prescription.1996 to 2018, nationwide: The war on drugs continues, yet marijuana is either legalized for consumption, legalized for medical use, or decriminalized in 42 states.February 25, 2009:  Attorney General Eric Holder  announced that federal agents will now target marijuana distributors only when they violate both fed eral and state laws, which effectively meant that if a state had legalized marijuana, the Obama administration would not override state law.  Cole Memorandum of 2013:  US Attorney General James M. Cole conveys to  federal prosecutors that they should not expend resources prosecuting state-legal marijuana businesses, except in the case of one of eight law enforcement priorities, such as distributing pot to minors or  across state lines.  2018:  Vermont becomes  the first state to legalize recreational cannabis by way of the state legislature.January 4, 2018:  Attorney Jeff Sessions rescinds a trio of Obama-era rules, including the Holder and Cole memorandums,  which had adopted a policy of non-intervention in marijuana-friendly states. Moves to Legalize On June 23, 2011, a federal bill to fully legalize marijuana was introduced in the House by Rep. Ron Paul (R-TX) and Rep. Barney Frank (D-MA.)  Ã‚  Said Congressman Frank  to the Christian Science Monitor of the bill:   Criminally prosecuting adults for making the choice to smoke marijuana is a waste of law enforcement resources and an intrusion on personal freedom. I do not advocate urging people to smoke marijuana, neither do I urge them to drink alcoholic beverages or smoke tobacco, but in none of these cases do I think prohibition enforced by criminal sanctions is good public policy. Another bill to decriminalize marijuana across the country was introduced on February 5, 2013,  by Rep. Jared Polis (D-CO) and Rep. Earl Blumenauer (D-OR). Neither of the two bills made it out of the House. The states,  on the other hand, have taken matters into their own hands. By 2018, nine states and Washington, D.C. had legalized recreational use of marijuana by adults. Thirteen additional states have decriminalized marijuana, and a full 30 allow its use in medical treatment. By January 1, 2018,  legalization was on the docket for another 12 states. Federal Push Back To date, no U.S. president has supported the  decriminalization of marijuana, not even President Barack Obama, who, when asked at a  March 2009 online town hall  about marijuana legalization, laughingly demurred,   I dont know what this says about the online audience.† He then continued, But, no, I dont think that is a good strategy to grow our economy.† This in spite of the  fact that Obama told the crowd at his 2004 appearance at Northwestern University,  I think the war on drugs has been a failure, and I think we need to rethink and decriminalize our marijuana laws. Almost one year into Donald Trump’s presidency, Attorney General Jeff Sessions, in a January 4, 2018  memo  to United States Attorneys, rescinded the Obama-era policies discouraging federal prosecution of marijuana cases in those states where the drug was legal. This move outraged many pro-legalization advocates on both sides of the aisle, including conservative political activists Charles and David Koch, whose general counsel, Mark Holden,  blasted  both Trump and Sessions for the move.  Roger Stone,  President Trump’s former campaign adviser, called the move by Sessions a â€Å"cataclysmic mistake. If any president were to publicly support the nationwide decriminalization of marijuana, he or she would likely do so by granting states the  jurisdiction to decide this issue, just as states decide marriage laws for their residents.

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