Decriminalization:  The removal of criminal sanctions for marijuana possession, in place of a small fine that necessitates legislative regulations of quality control and distribution to minors.

Criminalization of recreational marijuana isn’t necessarily about Americans’ safety. It appears to be more about our government’s unwillingness to move with the times. While marijuana is legalized in Colorado,  just across the border in Utah, residents spend the night in jail for small-scale possession. In Georgia, where I currently reside, a 3rd offence is a felony charge with a mandatory prison sentence. An interactive marijuana legalization map, superbly shows how current marijuana laws vary drastically across the nation. Clearly, decriminalization of recreational marijuana is not only the first step for country-wide legalization, but also for keeping our fellow Americans, whom benefit from its recreational uses and medicinal properties, from incarceration.

The punishment doesn’t fit the crime

Despite a growing body of scientific evidence, universal acceptance of marijuana use has been slow to gain traction. Nevertheless, marijuana proponents refuse to give in, and approval ratings of recreational marijuana have increased from 50% to 58% in the past 7 years, leading to the steady legislative change that has been making remarkable gains recently (Skrzypchak, 2014). Despite the slow pace of legislation, decriminalization is spreading. Though the federal government stillconsiders it illegal, in recent years 20 states have disregarded the federal government’s stance on criminalization and have taken on measures, in varying degrees, to decriminalize or legalize. As President Obama predicts, “if enough states legalize, congress might have no choice to do the same” (Hudson, 2015).

The individual state legalization process provides incremental change and may be more effective than aiming for national legalization from the get-go. The governmental obligation to protect our civil liberties as free people is thrown away when 1.5 million are incarcerated for non-violent drug offenses (“Drug War Statistics,” n.d.). The U.S. has more citizens locked behind bars than the top 35 European countries combined, and taxpayers are picking up the tab (Hudson, 2015).

Keeping a total of 2.2 million people imprisoned in the U.S. takes not only innocent lives, but wastes resources and violates constitutional principle (“Drug War Statistics,” n.d.). This country holds to a standard of life and in a democracy it is understandable that national legalization will take time. However, the absence of universal decriminalization is an unacceptable gross violation of human rights. There are several prisons in the U.S. that each hold twice the prison population of entire countries.

“The $80 billion spent a year to maintain prisoners could be better spent on college tuition at every single public college and university” (Hudson, 2015). An idea absurd to Americans, higher-level education is free to all in many of the leading countries in the world. America considers itself the pioneer of freedom, yet what does it say about us when we spend our money to foot the bill for incarceration over education?

The growing incarceration rate poses consequences for the people imprisoned, their families and communities, and for U.S. society. As the surest way to start leveling out the playing field, decriminalization of marijuana not only reforms criminal justice, but additionally has the potential to increase access statewide to marijuana both recreationally and medically.

In western Europe, Holland arguably has one of the best correctional systems in the world based on the idea of rehabilitation not oppression, and has always had recreational marijuana remain effectively regulated and legal. During the 1960s counter  culture movement, the Dutch realized the “soft drug” isn’t any more harmful than already legal tobacco and alcohol. Youth tend to experiment with soft drugs, so making marijuana illegal forces children and adolescents to approach black market dealers to procure it. This relationship acts as a gateway to harder drug abuse  as dealers then offer and sell their harder drugs to their preexisting marijuana customers. In the Netherlands marijuana is treated as a health concern and is legal in small regulated amounts for “personal use” (Engelsman, 1989). It’s important to recognize excess of any drug in circulation is destructive. As legalization spreads, there’s risk for this, as ‘the bigger the better’ is the American way.

To be honest, those who commit violent crimes may belong in prison as a way to keep others safe. But let’s not pretend that jail is a deterrent for committing acts of violence nor does it deter people from selling and using drugs. Over the last few decades, more non-violent drug offenders have been locked up for longer than ever before. “The cause of our growing prison population is incarceration for non-violent drug offenses” (Hudson, 2015). A combination of psychotherapy and pharmacotherapy treatment in the community is the most cost effective way to mitigate drug abuse, costing $20,000 less than incarceration per person per year (“People Sentenced”, n.d.).

Recreational Radness

Decriminalization allows everyone to have the opportunity to benefit from experiencing marijuana without the possibility of a life-sentence. While some claim marijuana is a dangerous plant, there is no evidence to suggest it fosters any kind of violent or erratic behavior (Abel, 1977). A growing body of scientific knowledge actually suggests quite the opposite of this, aptly naming it the ‘medical miracle’.

Dating back to ancient times around 10,000 BCE, documentation of marijuana cultivation and use curing ailments from pain to digestion (1-2 CE) has been found everywhere from religious scriptures to traditional Chinese medicine remnants and documents (Iversen, 2000, p. 18-27, 232). Throughout 18th century Europe, its use spread across prestigious medical circles. Scientific findings of its clinical applications were published in the top British medical journals of the time, where its medicinal properties were confirmed. Over the next century, marijuana traveled to the U.S. and eventually became popular in postbellum South. As its use became associated with African American’s and jazz music, while tensions rose over abolition, this herb became politically contentious for the first time in history. The malicious program against the civil rights movement flung across the U.S. by the self-proclaimed racist “Drug Czar” Harry Anslinger, gave rise to the infamy marijuana has carried through the decades. Even today, despite the robust compilation of medical research building on this wonder plant showing its potential to literally save lives, bureaucracy has halted the process to make marijuana legal once again.

The well-being of marijuana users will be greatly improved from decriminalization or ultimately legalization. Regulatory change often follows anecdotal evidence, and not from the vast body of research that supports a change in legislations. For example, last year a 5 year old child, Charlotte, went from 300 seizures a week to one a week after beginning treatment with cannabis oil. As previously stated, scientists have known for years about the medicinal use of marijuana, but recently in some states like Georgia stories like Charlotte’s are what ultimately change the hearts and force the hand of politicians. As the Emory University neurologist and proponent of marijuana Dr. Sanjay Gupta reflects, it can be tricky “to be on the right side of science but on the wrong side of ideology”. However, with research discovering the benefits of marijuana for the medicinal and the recreational user, there may soon be a revolution in marijuana perception and legislation.

Unfortunately, for children and adults who could potentially benefit from marijuana their ability to access this medication depends solely on where in the country they live. Not only do findings illustrate that marijuana provides medicinal benefits for those with chronic conditions by being anti-cancer (McAllister et al., 2007), and is effective in treating patients with chronic pain (Hosking & Zajicek, 2008), it also shows marijuana provides health benefits to recreational users by preventing concussion induced brain damage. Research demonstrates that Marijuana prevents brain damage with its neuroprotective effects through the neurochemical it releases, minocycline (Lopez-Rodriguez et al., 2013). Despite this, opponents to marijuana cite the risk of abuse in youth with mental illness (ONDCP, 2008; SAMHSA, 2005, p. 41). However, this is precisely why marijuana needs to be decriminalized so that it can be regulated with age limits. Research statically shows criminalization of marijuana has not kept its use from at risk individuals and young teens (Miron, 2008; Single et al., 2000). Furthermore, it’s crucial for marijuana to be regulated since those who suffer from psychosis have increased risk of illicit drug abuse, sometimes starting very early on in their pre-teen (12-13) years.

Regulation will increase the pharmacological understanding of the drug by allowing for more accessibility and funding for research. Ultimately, this will increase the general population’s comprehension of marijuana and give rise to greater informative drug education in schools. Most of the population is unaware of the harmful and beneficial effects of marijuana and what precautions should be taken depending on one’s age and medical history.

Correspondingly, if marijuana is regulated by the government, the U.S. would no longer be supporting its illegal trade by cartels. Black market suppliers deal to anyone, making it easy for youth to get their hands on marijuana and this may lead to use in ways that cause self-harm.

We see this in the case of a very small portion of the world’s population (1%) who suffer from schizophrenia. These individuals are uneducated as to how to beneficially administer the drug and/or are unaware that they are a vulnerable group. They may be at risk to develop an early onset of their schizophrenia that may not have ever surfaced without exposure to marijuana (Moore et al., 2007). Similarly, most adolescents don’t benefit from smoking copious amounts of marijuana because of its effects, in their still developing, prefrontal cortex. This could be avoided through the legalization of marijuana, where it would be more difficult to procure the drug and less tempting to seek it out at an early age knowing they can legally buy and use it in a few years.

While cannabis acts on many areas of the brain, studies show the psychoactive aspect is controlled largely by cannabinoids, the neurochemicals found in the plant that act on the cortex region of the brain. Cannabinoids have their effect when they bind to cannabinoid receptor 1 (CNR1) located in the brain (Pazos et al., 2005). Recent research proposes those with schizophrenia have genetic variants of CNR1. Evidence suggests CNR1 genetic variants, make people with schizophrenia more vulnerable to the harmful effects of cannabis, leading to reduced brain white matter volume and cognitive function (Ho et al., 2011).

Marijuana is the “new-age pain-killer”. For the past few years America has seen a spike in illicit prescription pain killer use, which has likewise been followed by a sharp incline in heroin use. It has been suggested that users of prescription pain medication often graduate to heroin, as heroin is cheaper and easier to procure.  Further, marijuana is a potent pain killer but has never

been shown to increase dependence or use of more dangerous drugs. “With regard to pain alone, marijuana could greatly reduce the demand for narcotics and simultaneously decrease the number of accidental painkiller overdoses, which are the greatest cause of preventable death in this country”, projects Gupta (Gupta, 2015). Marijuana decriminalization will lower crime related to getting prescription drugs and inevitably heroin use along with lowering incarceration rates.

Even the most conservative practitioners in the field of health are no longer disputing the vast body of research supporting the health benefits of marijuana, and neither should you!

Drug laws that make sense

The obvious move towards decriminalization of marijuana will allow recreational users to benefit from medicinal properties, and save lives from overdose from pain medicines, cancer, uncontrollable seizures and incarceration. Moreover, as a huge benefit to society, regulation protects youth from the harmful effects of premature misuse, primarily by limiting accessibility by instituting age limits and by cutting off cartel trade.

Time and time again we have seen drug laws in the U.S. originate from social movements against counter culture and corporate manipulation of the media. It’s time for drug regulation to be based on sound reasoning with Americans’ best interest as the priority. Across the political spectrum there is mutual agreement that “current U.S. marijuana laws don’t make sense” (Ferner, 2015). Why is it that deadly drugs are readily available, while natural treatments put you behind bars? The results of marijuana studies correlate poorly with present U.S. marijuana laws, which are based on outdated theories set by the dominant cultural prejudice and religious ideas of the past and not scientific-based sound reasoning. This is not a hipster movement so young people can be socially current and get high; it’s a movement calling for drug regulation to be based on consideration of harm, not politics.

The federal laws criminalizing marijuana are preventing people with major medical issues from treatment that is known to work better than current medication available, as professor of psychology at Emory University, Dr. Jennifer McGee, explains. Improved drug laws are essential to make marijuana available and at the same time, strengthen controls on drugs that are actually very harmful such as ecstasy and alcohol. It is crucial to place the emphasis on education, awareness, and fact building on the challenges that harmful and invaluable drugs bring to our communities. Through governmental action and collaboration throughout society, drug laws in the U.S. must be enacted to ensure the fall of harmful drug rates and the rise of innovation and accessibility to the pharmacology of the future.

 

Take a look at what the future holds: KeefKats, Rasta Reese’s, Munchy Ways…

 

 

References

Abel, E. L. (1977). The relationship between cannabis and violence: a review. Psychological bulletin, 84(2), 193.

Drug War Statistics. (n.d.). Retrieved from http://www.drugpolicy.org/drug-war-statistics

Engelsman, E. L. (1989). Dutch Policy on the Management of Drug‐related Problems⋆. British Journal of Addiction, 84(2), 211-218.

Ferner, M. (2015, March 16). Obama: If Enough States Decriminalize Marijuana, Congress May Change Federal Law. Retrieved from http://www.huffingtonpost.com/2015/03/16/obama-marijuana-decriminalization_n_6881374.html

Gupta, S., Dr. (2015, April 20). Sanjay Gupta: Time for a medical marijuana revolution – CNN.com. Retrieved from http://www.cnn.com/2015/04/16/opinions/medical-marijuana-revolution-sanjay-gupta/

Ho, B. C., Wassink, T. H., Ziebell, S., & Andreasen, N. C. (2011). Cannabinoid receptor 1 gene polymorphisms and marijuana misuse interactions on white matter and cognitive deficits in schizophrenia. Schizophrenia research, 128(1), 66-75.

Hosking, R. D., & Zajicek, J. P. (2008). Therapeutic potential of cannabis in pain medicine†. British journal of anaesthesia, 101(1), 59-68.

Hudson, D. (2015, July 15). President Obama: “Our Criminal Justice System Isn’t as Smart as It Should Be” Retrieved from https://www.whitehouse.gov/blog/2015/07/15/president-obama-our-criminal-justice-system-isnt-smart-it-should-be

Iversen, L. L. (2000). The Science of Marijuana. Oxford: Oxford University Press. doi:http://www.green215.com/sites/all/files/education_articles/Science%20Cannabis.pdf

Lopez-Rodriguez, A. B., Siopi, E., Finn, D. P., Marchand-Leroux, C., Garcia-Segura, L. M., Jafarian-Tehrani, M., & Viveros, M. P. (2013). CB1 and CB2 cannabinoid receptor antagonists prevent minocycline-induced neuroprotection following traumatic brain injury in mice. Cerebral Cortex, bht202.

McAllister, S. D., Christian, R. T., Horowitz, M. P., Garcia, A., & Desprez, P. Y. (2007). Cannabidiol as a novel inhibitor of Id-1 gene expression in aggressive breast cancer cells. Molecular cancer therapeutics, 6(11), 2921-2927.

Miron J. A. (2009). The effect of marijuana decriminalization on the budgets of Massachusetts Governments, with a discussion of decriminalization’s effect on marijuana use: an update of Miron (2002a). In Report to the Drug Policy Forum of Massachusetts.

Moore TH, Zammit S, Lingford-Hughes A, Barnes TR, Jones PB, Burke M, Lewis G. Cannabis use and risk of psychotic or affective mental health outcomes: a systematic review. Lancet. 2007;370 (9584):319–28.

ONDCP & USA. (2008). Marijuana Sourcebook 2008–Marijuana: The Greatest Cause of Illegal Drug Abuse.

Pazos MR, Nunez E, Benito C, Tolon RM, Romero J. Functional neuroanatomy of the endocannabinoid system. Pharmacol Biochem Behav. 2005; 81 (2):239–47. [PubMed: 15936805]

People Sentenced For Drug Offenses In The US Correctional System. (n.d.). Retrieved from http://www.drugwarfacts.org/cms/Prisons_and_Drugs#sthash.SoXtEQ9S.mfse1hBq.dpbs

SAMHSA. (2007). Mental Health Services Administration, Office of Applied Studies: Treatment Episode Data Set (TEDS): 1995–2005. National Admissions to Substance Abuse Treatment Services, DASIS Series: S-37.

Single, Eric, Paul Christie, and Robert Ali (2000), “The Impact of Decriminalization in Australia and the United States,” Journal of Public Health Policy, 21, 157-186.

Skrzypchak, A. (2014, May 13). Wisconsin Weed – Will Marijuana Ever Be Legalized? Retrieved from https://blogs.uww.edu/j237amandaskrzypchak/2014/05/13/wisconsin-weed-will-marijuana-ever-be-legalized/