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Essay: Legalizing Marijuana: Pros & Cons of Federal Law

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  • Published: 21 February 2023*
  • Last Modified: 22 July 2024
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  • Words: 1,321 (approx)
  • Number of pages: 6 (approx)
  • Tags: Drugs essays

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In today’s society, the case for marijuana legalization is a topic of contention among many. Society is demanding change in the federal laws that govern marijuana and the criminal penalties associated with the substance. Lawmakers are beginning to participate in the morally debated topic and take a stance, particularly around the election season. As of the 2017 election, nearly a quarter of the U.S. population lives in places where adult use is legal and politicians are taking note of the locations. (Steinmetz, 2016)  Although the legalization of marijuana can have some negative impacts, it has many positives such curing diseases and creates a more stable economy.  

 In the words of Tom Petty "Let's get to the point Let's roll another joint and let's head on down the road” and evaluate the issue of marijuana legalization and moral implications.

As of 2017, Twenty-nine states and the District of Columbia currently have laws broadly legalizing marijuana in some form. Seven states and the District of Columbia have adopted the extensive laws legalizing marijuana for recreational use. (Governing the State and Localities, 2017) Federal law, however, prohibits doctors from prescribing marijuana, rendering those laws invalid. Here is where we take note of an issue with the legal system counteracting at a Federal and State level. Luckily, Congress stepped in with the “power of the purse” and passed restrictions on funding to prosecute marijuana violations.  (ProCon.org, 2017)

Why is the legalization of marijuana so challenging with the Federal lawmakers and resisted by so many?

Twenty-nine states and Washington D.C have made marijuana “legal” in some form. In February 2017 the House of Representatives entered a bill H.R 1227 to “Ending Marijuana Prohibition Federally” (115th CONGRESS, 2017) but for now it will continue to be illegal federally.

The fact that marijuana is still illegal at a federal level creates a moral debacle for morally conscious individuals. An important factor to consider when evaluating the morality of ingesting the federally banned substance is the majority of States have legalized or decriminalized the leafy substance.  Is it still morally wrong to indulge in recreational use?  The moral implication of law breaking is being eliminated so now the argument changes a little.

When considering the topic of legalizing marijuana, we need to understand fully what it is and the history of the drug. Marijuana refers to the dried leaves, flowers, stems, and seeds from the Cannabis sativa or Cannabis indica plant. (NIDA, 2017) The plant contains the mind-altering chemical substance called THC that stimulates the brain causing a euphoria like sensation.

Harry Anslinger said the plant needed to be banned because it had a violent “effect on the degenerate races” this specifically referring to immigrants. The Marijuana Tax Act was introduced in 1937 and was intended to govern the substance not ban the drug. (Legalization of marijuana, n.d.) However, lack of regulation and other legal issues caused the drug to be banned due to accountability and taxation. Does prohibition actually reduce drug use or just make it illegal? This is where we look at the moral implication of yes it’s wrong or is the law unjust. Law abiding citizens avoid the substance despite the reasoning behind the laws origination.

Marijuana can cause adverse health effects correlated with the consumption of THC such as impaired short-term memory and distorted perception. It can also cause development issues in the developing brain of a child. Physically marijuana can irritate lungs, increase heart rate, and hallucinations in a few cases. There is a potential for serious harm from marijuana is far less than heroin, cocaine, and opioids nor can you overdose from its consumption. In the last several years more people have died from legal goods such as skiing, automobiles, and planes than marijuana.

The benefits by far outnumber the negative effects of marijuana. Since the 1980’s, marijuana has been prescribed to help cope with the bad effects of having glaucoma and cancer.   There have been limited tests performed due to the legality of marijuana, however, the evidence is suggesting it is a powerful tool. HIV-positive marijuana smokers have less nerve pain, reduced nausea, and quality sleep. Marijuana has used effectively as a pain reliever, anti-inflammatory, and anti-nausea for arthritis sufferers. Patients with Alzheimer’s may get relief from some of the behavioral symptoms associated with the disease.

The biggest advancements have been in cancer patients. Not only does it help with nausea but it is showing signs of killing cancer cells, stopping cell growth, and improve response to radiation. (Miron, 2015)

Marijuana is currently approved to use for medical reasons on a state government level but is still illegal to use on a federal government level. This affects many disabled patients receiving government assistance such as Social Security. If a patient chooses to seek alternative medicine they are disqualified by the government to receive benefits. This is the circumstance for many chronic pain patients who are on opioids to relieve the pain.

Last year over 47,000 people became victims to overdosing on opioids and its climbing at an alarming rate. These pills were once deemed safe and non-addictive by our government for chronic pain patients. Now they are classifying opioids as highly addictive and possibly lethal and creating habitual users creating a bigger problem and that’s availability. Marijuana may be the answer for chronic pain patients who no longer want to receive high doses of opioids such as morphine and oxycontin. Just in the last five years, there has been a 36% decrease of opioid users in states that have already legalized medical marijuana. Marijuana may not be the cure for opioid and heroin epidemic but it will certainly help it improve the affects it is causing. (Grover, 2017) The crime rate that is being driven by heroin epidemic would have drastic improvement as well due to the ease of access to marijuana. (AUERBACH, 2017)  Utilitarianism theory is that one that says we choose the best outcome that affects the largest amount of people. If this theory is applied to the legalization of marijuana and the reduction of opioid abuse many lives would be saved. That is the choice to legalize marijuana means more lives are impacted than one human being. Considering 69,000 people overdosed in 2016 and one third could be saved is an overwhelming reason to pass the law. (KATZ, 2017) Many of the reported deaths are from dirty drugs on the black market. Legalization would eliminate the chances of getting a lethal mix of drugs on the black market.

Aristotle says as individuals “we ought to make” choices that benefit our well-being and the common good this is what leads you to true happiness. If using marijuana makes you feel better and boost your wellbeing this will effectively make the mood around you better. This means the greater good is being impacted by the choice on how we ought to live.

Studies have shown a correlation between marijuana use and impaired driving. It impairs driver related functions such as distance perception, reaction time, and hand-eye coordination leading to a higher accident probability (Kelly, Darke, and Ross 2004; Sewell, Poling, and Sofuoglu 2009). As with alcohol, laws have taken impairments into consideration. (Mark Anderson, 2013) This would be a conscious moral decision if the impaired person chose to drive.

A 2014 study, researchers from the University of Texas legalized medical 

Marijuana over the last 16 years and found that violent crimes like assault and homicide dropped where medical cannabis was legalized, while burglary and robbery rates remained unchanged. (Morris, 2014) Legalization for recreational purposes led to a net decrease in crime in Washington State.

Once someone is branded as a criminal, it becomes much harder for them to get jobs, leases, and loans forcing many to turn to a life of crime. By legalizing marijuana, the cycle is broken and now they are not doing anything illegal and law organizations are able to utilize their resources to pursue larger criminals. This is also keeping the jails and prisons emptier costing tax payers less.

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