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Medical and Recreational Marijuana: Legalize it or not?

The controversy revolving around the use and abuse of marijuana has been around for

quite a long time now. Whether the narcotic drug should be legalized or not for either medical or

recreational purposes is the big question that has kept heads rolling and the argument fueled. One

thing is sure though, the drug has been used time immemorial whether legally or otherwise. With

the dynamic liberal society that we live in today, there is need to further the argument on whether

or not to allow the recreational and medical use of marijuana. The narcotic drug has been

compared to other drugs such as tobacco and alcohol for the purposes of argument on whether to

legalize it or not. In this perspective, many argue that by the provisions of the prohibition of

alcohol and the passage of the 18th and 20th amendments in the US constitution, regulated use of

alcohol should be allowed. For instance, some opine that there should be a legal age for one to be

allowed to use marijuana, say 21, for both medical and recreational purposes. By doing so, those

who advance this argument have it that legal citizens have the moral responsibility to make

informed decisions on the use of marijuana.

Additionally, issues revolving around ethics, the financial implications in regard to both income

to individual and governments, the health implications and the self-actualization are the leading
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points of arguments for those who support the universal legalization of medical and recreation

marijuana or those who oppose it. The projected economic benefits of decriminalizing the use of

the narcotic is sumptuous as a means of revenue to the government and the people as well. Also,

legalizing and regulating cannabis sativa indirectly results to reduction in crime rate nationally.

Recently, the illegal drug has resulted to criminalizing people in communities with people of

color. If the drug was legalized and regulated then a taskforce and a regulatory authority would

ensure that the drug is quality and fit for consumption thus reducing the increased side effects

that the illegal use of the drug has accrued in the recent past. Noteworthy, although is illegal in

federal laws to use marijuana and some States such as Oregon, Washington, Alaska and

Colorado have made it legal, the government of the immediate former President Obama declared

the enforcement of the law a non-prioritized issue by the Department of Justice.

As it stands now the medical use of marijuana is legally accepted universally for its

increased benefits. However, there is a division between states and the federal government on the

issue of allowing the recreational use of marijuana. Research has proven that there are several

impacts of legalizing the recreational use of cannabis sativa just as it is medically acceptable

most of which are positive and therefore, overriding the insignificant demerits. Also, the US

population has gradually changed their standpoint view on legalizing marijuana. This research

therefore, seeks to justify the legalization of cannabis sativa for medical and recreational use

everywhere but in the confines of some legal framework.

Ethics

Policy makers, the clergy, healthcare providers and the society at large have

controversially ruled out the legalization of marijuana on the basis of ethics. Recreational and

medical marijuana have been differently categorized with medical marijuana receiving increased
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social and ethical acceptance by the society as compared to its counterpart. In reference to the

lecture notes, ethical action implies taking the correct cause of action through an informed

decision making process. According to Philipsen et al., (2014 pg. 638) the ethical implication of

the legalization of marijuana is that there is an ethical dilemma on the basis on culture, history,

conflicting values and politics has to whether or not allow therapeutic use of bhang. The research

highlights that ancient and conservative ethical virtues have been a hindrance to modernity and

promotion of the dynamic changes in the society such as the freedom to use or not use cannabis

sativa. For reasons that associate bhang to be a gateway drug and from its increased abuse, the

larger society believe that legalizing the use of bhang is unethical. Arguably, if bhang is

legalized, then other drugs will also take the same cause and therefore the society will end up in

ruins. However, this arguments are not admissible. There are several causes of immorality and

substance abuse in the society and marijuana cannot be said to be one of them, even if it were,

then it is insignificant. In light of the definition of ethics, the modern society does not see

anything wrong in therapeutically using marijuana just as alcohol and tobacco are used.

Additionally, the criminalization of communities, specifically the African-American, for their

alleged association with the use of bhang outweighs the ethical consideration and therefore,

legalizing bhang can help solve out such societal differences, ethics withstanding. Besides, the

increased side effects and health implications associated with bhang only arise from the abuse of

the drug and decriminalizing it provides a safe avenue for regulating its use as well as advocating

for rightful use of the drug for therapeutic purposes.

Medical Marijuana

Further, historically marijuana was legal until mid-20th century when the Marijuana Tax

Act was passed by the federal government holding a fine for those in possession of the drug.
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Around the same time, the drug was completely criminalized in the United States. Initially,

marijuana was profoundly associated with treatment of medical conditions such as venereal

disease and was regarded for its medicinal importance (Philipsen, et al, 2014 pg. 351). Both

medical and recreational bhang has increasingly been used until the Controlled Substances Act

of 1970 was brought on board by the Congress. The Act prohibited the use of marijuana either

medically or for therapeutic purposes. However, soon afterwards, some states such as California

legalized the use of the drug through Proposition 215. The use of medical marijuana means that

the acquisition, production, use, possession, and transportation are protected under the state law

as long as it is addressing symptoms of a patient’s medical condition. There has been increased

benefits of using marijuana medically, though the use is regulated. Different regimes have

treated differently the medical use of marijuana. The Clinton administration allowed the medical

use of marijuana but the Bush Administration was totally opposed to it and went ahead to close

down all dispensaries, gardens and medical-records of patients under the treatment. The Obama

era was not much concerned with the drug and its use unless in cases of extremities.

There has been several scientifically proven advantages of allowing marijuana to be used

for medicinal purposes. The benefits are either health-wise or therapeutic. In a case of Jean

Charles, who was an AIDS patients, the use of cannabis sativa helped him besides its medical

use, to improve digestion and therefore suppress HIV. (Gray, 1998 pg. 14). The case report

indicated that the use of marijuana proved to be beneficial in alleviating and stunting, in some

cases, the development of some illnesses such as HIV, multiple sclerosis among others that affect

the world population. Therefore, in as much as the medical use of marijuana is regulated in

hospitals, equally, its therapeutic use has several health benefits such as suppression of some

illnesses. If, Marijuana is legalized for both recreational and medical use, then it will be relieve
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to those who currently use the drug illegally to treat some of the illnesses they suffer. Also, there

is a substantive correlation being the increased abuse of the drug and the fact that it is illegal

(Pratt et al., 2018 pg.54). Those who use bhang either for medical or therapeutic purposes do not

have a proper pharmaceutical guidance on the right quality and quantity to take so as to minimize

on the side effects and therefore, it is necessary for the federal and the regional government to

legalize the use of the narcotic before setting up a regulatory framework.

The states vs. the Federal government

The selling of bhang for recreational purposes top generate revenue took root in some states such

as Colorado decades ago after the federal government criminalized the narcotic. The issue of

decriminalizing the use of bhang is emotive and has erupted a great controversy between the

federal government and the state governments. This requires that the two levels of governments

need to address the gray area to avoid two conflicting legislations. A conflict of law and ethics is

the ultimate end of this conflict. Also, this has an implication on marijuana-related advice that

lawyers give to clients.

Colorado, for instance, is a blueprint on successful management of marijuana in a state

even with the legal morally of the step being questionable. The state had to work around a legal

framework to regulate the recreational use of marijuana. For instance, there are only some

regulated places where the drug can be used (Durkin, 2014 pg. 63). Additionally, there has been

a controversy on the effects of driving while under influence of the narcotic and how to navigate

around it. Again, Colorado has made a legal requirement that no one should operate motor

vehicles with a blood level higher than 5 nanograms of THC per milliliter (Colorado Department

of Transportation, 2014). Also, the state of Colorado has also put in laws in regards to the

marketing of marijuana. Like tobacco, the advertisement of marijuana is illegal. According to

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Philipsen et al (2014), the legalization of marijuana presents a greater psychological and social

risk to the society of the harsh policies and the sentences involved for this alleged non-violent

crime than the possible biological risk. This has resulted in the disenfranchisement and

incarceration of a large segment of the US population, making the US not the world's leading

marijuana researcher but rather the world's leading jailer. Pervasive racial targeting of blacks in

the "war on drugs" makes this mass imprisonment even more threatening to our public health,

safety, and welfare Philipsen et al (2014). Therefore, with the exemplary model used in

marijuana regulation in Colorado, the federal government can decriminalize the use of marijuana

both to solve the conflicting laws and to address the issues that Philipsen and his associates

prescribes through research.

Federalism

The use of federalism can be applied to the legalization of marijuana. Because there is a

conflict between the state and federal governments on the issue, it would be advised that there

was some sort of conflict resolution. The traditional concept of federalism as a peaceful yet

sovereign mean of independent coexistence between the State and federal government has faded

away (Bulman-Pozen, 2014. There may be a need as the United States to become more flexible

in the regard of federalism. Colorado has been in the forefront of possibly challenging the United

States current thought of federalism. Therefore to conform to the original concept of federalism,

the government should accept those practices that the state governments are managing so well

such as the regulated legal intake of marijuana for both recreational and medicinal use.

Financial implications.
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The emergence of marijuana legalization has created a new industry and this new

industry has had major prosperous gains. In the state of Colorado, recreational marijuana is

subject to regular sales tax, additional state and excise taxes, and local taxes (possibility). The

legalization of marijuana has opened up job opportunities for workers and greatly increased tax

revenue for the state. If marijuana was legalized, tax payers would save money due to the

reduction of people in prison and the efforts of law enforcement including marijuana raids.

“Marijuana accounts for fully half of all drug arrests, so prorating total enforcement costs in

proportion to marijuana arrests would make marijuana legalization appear to be a big money

saver” (Caulkins, Kasunic, Kleiman, & Lee, 2014). Unemployment and increased taxation are

among the leading issues that affects the US citizenry and among the possible ways of

minimizing them include the legalizing of the farming, manufacturing, regulating, selling and the

use of marijuana for both medical and recreational purposes.

However, there are several issue that are left unaddressed even in the wake of a

convincing argument on the decriminalization of cannabis sativa. This issues calls for further

engagement and research to fully resolve the issue surrounding the use of bhang. There ought to

be clear answers on who regulates the private lives and activities of the US citizens and whether

the use of marijuana is a crime that has completely no victims. Also, there is necessity to look

into the impact of the black market versus the use of legal route to purchase marijuana through

the provided state and federal regulations. In a related issue, there is need to look into the

legalization of alcohol and tobacco vis-à-vis legalizing bhang despite the fact that the latter are

more lethal in terms of impacts. Finally, research revolving around the government justification

of banning marijuana for both medical and recreational use is also vital for a liberally stronger

argument.
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In conclusion, there are so many differing attitudes and opinions on the legalization of

marijuana in the United States. There are a variety of people that question how harmful

marijuana is and isn’t everything dangerous at a high consumption rate, including

fattening food or alcohol. In this paper, the ethical issues were discussed as well as the

use of medical marijuana and other variables in the decision of legalizing marijuana.

“Marijuana markets are associated with much less violence and its consumption is much

less associated with income- generating crime…there is essentially no prospect of the US

legalizing cocaine/crack, heroin, or methamphetamine in the near or even medium-term

future” (Caulkins, Kasunic, Kleiman, & Lee, 2014).

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Works Cited

Bulman-Pozen, J. Unbundling Federalism: Colorado’s legalization of Marijuana and

Federalism’s many forms. University Of Colorado Law Review, 85(4), (2014) 1067-1085.

Caulkins, J. P., PhD., Kasunic, A., M.S., Kleiman, M., PhD., & Lee, M. A. C., M.S.

Understanding drug legalization. International Public Health Journal, 6(3), (2014). 283-

294. Retrieved from http://search.proquest.com/docview/1625577341?accountid=458

Colorado Department of Transportation. Recreational marijuana legal, impaired driving not.

(2014). Retrieved from http://www.coloradodot.info/news/2014-news-releases/01-

2014/recreational-marijuana-legal-impaired-driving-not

Durkin, A. Legalization of marijuana for non-medical use: Health, policy, socioeconomic, and

nursing implications. Journal of Psychosocial Nursing & Mental Health Services, 52(9), .

(2014) 22-6. doi:http://dx.doi.org/10.3928/02793695-20140721-03

Gray, Charlotte. "Legalize use of marijuana for medical.". National Center

for Biotechnology Information. Ed. Charlotte Gray. 10 Febuary 1998. Canadian

Medical Association. 7th May 7, 2019.

<http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1228843 /pdf/cmaj_158_3_373.pdf>.

Office of National Drug Control Policy. (n.d.). Answers to frequently asked questions about

marijuana. Retrieved from http://www.whitehouse.gov/ond-cp/frequently-asked-

questions-and-facts-about-marijuana.
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Philipsen, N., Butler, R. D., Simon-Waterman, C., & Artis, J. (2014). Medical marijuana: A

primer on ethics, evidence, and politics. The Journal for Nurse Practitioners, 10(9), 633-

640. doi:http://dx.doi.org/10.1016/j.nurpra.2014.05.015

Pratt, Misty, et al. "Protocol for a scoping review of systematic reviews: benefits and harms

of medical marijuana." (2018) pg. 54-69.