Max Bernhardt

The Case for Marijuana Legalization

Imagine- youre a cancer patient in Oklahoma. Your terminally ill, in the last stages of your lung cancer, in great pain and the only drugs available to you are highly addictive painkillers. A natural painkiller is illegal in your state, and if you want this drug you are forced to buy it on the black market where it could be potentially dangerous. Marijuana, a drug that could save you is completely locked away simply because someone- a politician, or a healthy, unaware individual- may consider it immoral or dangerous, and you consider it a break from the immense pain you will feel over the next 2 months before you die. Unfortunately many people out there fall victim to a society that view marijuana usage as taboo, as well as dangerous to everyoneeven if the person is using this in the friendly confines of their home. Marijuana should be legalized for Medical and Recreational usage, so long as it is highly regulated and taxed reasonably. Unfolding in the United States right now is a compelling case for Marijuana Legalization. There is drug violence in Mexico that is attributed to this, in fact since the US gets anywhere from 80-90% of its illegal drugs from Mexico, a good portion of that is Marijuana, since it is the most used drug in the US. Only time will tell who wins this fight to get a basic human right, the right to good health, and the right to privacy.

15 US states and DC have legalized the MEDICAL usage of Marijuana- AK (1998, 1oz, 58% passed), AZ (2010, 2.5oz, 50.1%), CA (1996, 56%, 8oz), CO (2000, 20z, 54%), DC (2010, 2oz, 13-0 Council Vote), HI (2000, 32-18 House, 13-12 Senate, 3oz). ME (1999, 2.5oz, 61%), MI (2008, 2.5oz, 61%), MT (2004, 1oz, 62%), NV (2000, 1oz, 65%), NJ (2010, 2oz, 48-14 house, 25-13 senate), NM (2007, 6oz, 36-31 house, 32-3), OR (1998, 24oz, 55%), RI (2006, 2.5oz, 52-10 House, 33-1 Senate), VT (2004, 2o, 82-59 house, 227 senate), and WA (1998, 24oz, 59%). All of these states permit you to possess Marijuana for Medical purposes, for cancer patients or for other people who use it as a painkiller, or as a natural alternative to Vicodin or other drugs. In 12 out of the 15 states, proof of residency in the state is required, and 13 out of the 15 states allows home

cultivation- eliminating the need to buy it off of a potentially dangerous and impure black market. Fees for usage are also anywhere from $0-200. Before we hear from a Cancer patient in Montana, lets take a look at the history of how we got to this point in the battle for Marijuana Legalization. Marijuana was actually widely legal in the US throughout the late 1800s, and in 1854 Marijuana was even declared a suggested remedy for muscle spasms. Finally, in 1870 Marijuana was listed as a medicine by multiple govt organizations. This stayed steady but by 1937, there were multiple dealers who were being arrested and people were starting to get suspicious about the nature of selling and therefore also the usage of Marijuana. The Cannabis Tax Act of 1937 required sellers to obtain a state license, not too harmful right? Well, unfortunately for the marijuana supporters of the time in 1941 it was de-listed as a drug and thus began a downward spiral into the 1980s. The 1970s Controlled Substances Act was designed to incorporate 50 drugs (including Marijuana) into an illegalizing program designed to curtail importation. However, again in 1978 the Carter Administration separated Marijuana from Narcotics and Marijuana seemed back on track. In the 1980s, under the Reagan Administration, the War of Drugs was launched. This was a very hard-fought campaign to eliminate drugs from our society, including Marijuana. Especially by 2011, this effort is viewed as a largely-failed attempt to harshly regulate a booming, largely illegal industry. Finally, in 1996 California legalized the possession of medical Marijuana and it passed with a 56% vote. But how is Marijuana seeing so much success at the polls? There are many voices- both scientific evidence and activists alike support the Medical Marijuana cause. A 1990s American Medical Association as well as countless others concluded that Marijuana- particularly if it is taken in medical doses is not physically addicting. Marijuana was even cited in this AMA study as less habit-forming than caffeine as well as the legal drugs alcohol and tobacco. The typical user smokes 1 marijuana cigarette a day- compared to possibly 20+ with a tobacco smoker, and Marijuana does not contain nicotine- a key to why it is not very habit-forming. Especially in medical marijuana, most people are not long-term smokers (more than 70%) and thus there arent many marijuana addicts out there (when was the last time youve heard of a marijuana addict?). Even the Government has 4 people who receive medical marijuana, politicians and DC citizens, on an IND program. Folks like former surgeon general

Jocelyn Elders, Ralph Nader, Ron Paul, the American Nurses Assocation, Montel Williams, and the American College of Physicians all endorse medical marijuana for usage in people with HIV/AIDS, Cancers, Inflammatory diseases, Crohns Disease and Alzheimers Disease. A man in Montana recently has a personal story. In 2004, Roger Chalmers was diagnosed with a treatable cancer. 6 years later, the cancer had developed to the point where it was un-treatable and Mr. Chalmers was terminally ill. In that same year of 2004, the Montana state legislature passed a bill that allowed people just like him to use Medical Marijuana to ease the pain. He said he had to get it off of unstable markets until 2009 when the State Legislature passed a home cultivation law. He now smokes it only a few times a day, and views it as a far better alternative to additive painkillers that are the only things available to patients just like him on other states where Medical Marijuana usage and possession is illegal. He also says his son with ADHD finds relief in smoking it a few times a week. It is a true travesty to know that people just like him in 35 states are unable to get access to something that will have to ease pain and potentially save them from a world of hurt.

There is a lot of smoke around marijuana (pun intended). There are many myths, but just as many facts to counter it. Myth: Marijuana can be highly cancerous. A UCLA study found that even long-term smoking of Marijuana has minimal lung damage, and thus little chance of lung cancer. In other words the risk is miniscule. Myth: Marijuana Contains OVER 400 Chemicals. This is no myth, as the average cup of coffee contains well over 1,500 and Rat Poison contains 30. None of the chemicals in Marijuana are identified as seriously dangerous. Myth: Marijuana is a Gateway Drug. This is a theory that is pressed and pressed by anti-marijuana advocates to scare people off. In fact, the US Govts own studies have shown that about 3 in 4 people NEVER go on to use harder drugs, and a majority of those 25% are actively in this climate- for many, Alcohol or Tobacco are those gateway drugs even before Marijuana. This is a problem that cannot be ignored, with or without Marijuana legalization. Myth: Marijuana is addicting. As mentioned before, Marijuana isnt actually PHYSICALLY addicting. Alcohol, Tobacco and Caffeine have been shown to be more habit-forming than Marijuana according to the American Medical Association. Myth: Marijuana Usage impairs learning ability/motor

skills. A breakthrough study in 1996 in California found that heavy marijuana usage may impair learning ability. Notice the words HEAVY and MAY. Even with heavy usage (which constitutes less that 5% of the population according to the study), impacts were found to be subtle and only temporary. Casual (1 a day or less) users showed little to no impairments whatsoever. That also takes out a large chance of high driving since the average high lasts an hour (depending on the quality of the Marijuana), and with most casual users its used on a casual basis.

Lastly, there is a criminal-related issue with crime, and how it relates to legalizing recreational usage. Under the Controlled Substances act of 1970, and again refreshed with Reagans War on Drugs, Marijuana was grouped in right with other, harder drugs such as methamphetamine, cocaine, and heroin. Therefore Marijuana was considered just as bad. 3% of the federal prison population is in for drug trafficking and/or possession of Marijuana. Out of the 3%, nearly all of that is traffickingsomething that could be minimized with the legalization of even medical marijuana. 20% of Federal Prisoners are in on drug charges (as of 2009), of which Marijuana takes up the most offenders. Doesnt sound like a whole lot, right? Well, when you look at the state and local levels, the situations are dismal. In the US, 850,000 people are arrested each year on Marijuanarelated charges. 150,000 of those were in Texas. If in a recent study 42% of adults have admitted to using Marijuana in at least some time in their lives, thats a ton of people that couldve been booked. Keep in mind, 150,000 arrests means anything from a slap on the wrist for 0.5oz possession to 5+ years of jail time for trafficking, but all of those are for Marijuana. Imagine the cost, time and energy saved by legalizing Marijuana completely, and how many of the problems would get smaller.

In the Netherlands, where Marijuana is illegal, the proportion of Marijuana users is nearly identical to the US, so even when dealing with Recreational usage just because its illegal doesnt mean people arent going to use it. If you were to legalize Marijuana completely, money, time, energy, lives and guilt would be saved and it would take some pressure off of the crumbling war on drugs effort. In a Conservative year, Prop 19 in California that wouldve made California the first state to legalize recreational usage of

Marijuana failed 58-42. It is the first effort in trying to obtain the right to privacy and the freedom of expression. Someones personal life should not be regulated in this aspect. Finally, here are some solutions. Tax it, but dont tax it to the point where getting it from a dealer is the better buy. Make sure that its financially accessible to most people, as all classes of people use Marijuana for both Medical and Recreational purposes. Certainly legalize it for medical purposes, and for Recreational usage put it (the industry) under supervision of the FDA, so far as to regulate it for purity, quality and safety. Apply home cultivation laws and tax as needed. This will indirectly ramp up enforcement of importation, and encourage an American Market to curtail Mexican interests from Illegal drug smugglers in Marijuana. Marijuana legalization is very possible, and it seems like we are moving the right direction. Legalize it, for the cancer patients sake!

All opinions expressed in the article are solely those of Max Bernhardt.

http://missoulian.com/news/local/article_a59794f6-6329-11e0-b9ca001cc4c03286.html www.drugpolicy.org www.legalizationofmarijuana.com www.legalize-marijuana.com www.medicalmarijuana.procon.org www.balancedpolitics.com/marijuana_legalization.htm