PROPOSITION+215-+the+Legalization+of+Marijuana

Proposition 215- the Legalization of Marijuana ABSTRACT

Marijuana use has been prevalent in American society since the 1600's. The use of marijuana was banned due to early acts, but in California the use of medical marijuana was legalized in 1996 by Proposition 215. Popular arguments for legalization include marijuana's medical benefits, a boost in economy, and the ability to control its use. Arguments against legalization range from the concept of gateway drugs to sometimes forgotten harmful medical effects. There are several pieces of history that tie in closely to Proposition 215 and the opinions surrounding it. Proposition 215 was a groundbreaking act that will have notable effects on the future.

INTRODUCTION OF MARIJUANA

Marijuana, otherwise known as cannabis, has been around in America since the 1600s. The production of hemp was encouraged between 1600 through the 1890s. In fact, in 1619 it was required that every farmer grow hemp, because of the need for it in the creation of ropes, sails, and clothing. People in Pennsylvania, Virginia, and Maryland could even use it as legal tender. After the Civil War, cannabis was used primarily as medicine and was sold openly. In the early 1900s into the 1920s, Mexicans introduced marijuana as a recreational activity, which led to wide spread fear in the 1930's.(Marijuana Timeline In The United States)

FACTUAL HISTORY In 1906, the Pure Food and Drug Act was enacted. If a product contained cannabis, it now had to be labeled. It also had to be labeled of any risks or potential for abuse. This led to some hesitation in society of consuming the drug.

The initial ban of marijuana started with the 1937 Marihuana Tax Act. This disguised the ban of marihuana under a tax act, which taxed every person in the system of producing, selling, and consuming weed. The tax was considered "unpayable," leading to a total ban. It did not, however, stop marijuana from being distributed outside of government knowledge. (Braden)

Personal possession of marijuana was also regulated by the Controlled Substances Act of 1970. Under the Controlled Substances Act of 1970, certain drugs are carefully watched and regulated under areas such as manufacture, importation, possession, and use. There are 5 “schedules,” I being the group having the most potential for abuse and nonmedical use. “ Tetrahydrocannabinols” (marijuana) is under schedule I, as are heroin and various methamphetamines. Under schedule V are things such as anti-diarrheas and cough suppressants which are considered safe enough to buy over the counter. (DEA, Title 21, Section 812)

BACKGROUND OF PROPOSITION 215 Proposition 215 was added to Section 11362.5 to the California Health and Safety Code on November 5, 1996. This law concerns the medical use of cannabis and not the recreational use of it. It barely passed with 55.6% voting for and 44.4% voting against. Proposition 215 states that any Californian that is in dire need of marijuana for medical purposes may have marijuana available to them if it has been recommended by a physician. This law also protected the caregivers of the sick patients from being prosecuted for carrying marijuana. Proposition 215 clashed with the federal government, which promised to uphold its position on the subject despite individual state protections. (United States)

VARIOUS PERSPECTIVES

In today's society, as there has been for many years and will continue to be, there is a constant debate over the legalization of marijuana. Though many are satisfied by the legalization of medical marijuana, there are still those who are pushing for the legalization of recreational marijuana, and those who are still against any sort of legalization whatsoever. Many Americans support full legalization of marijuana if the manufacture, selling, and consumption is strictly regulated. “What you do is make it available, more or less like alcohol is available, in places where it relatively strictly controlled, where you have to show proof of ID,” said Princeton professor Ethan Nadelmann. Nadelmann also believes that legalization of certain drugs would lead to a positive boost in the use of addiction rehabilitation centers and also encourage milder forms of hard drugs. Relating marijuana use to cocaine, he said, “Let’s say the government would make available 15-percent-pure cocaine. What would happen? Clearly a lot of people using 60-percent-pure cocaine would be just as satisfied with 15 percent. “ Not only does Nadelmann feel legalization will produce a “safer” drug environment, he feels a tax placed on marijuana and other drugs will lower overall consumption, though not one high enough to “encourage a black market.” (How to Legalize)

Millions of dollars are lost every year on law enforcement concerning the possession, sale, and manufacture of marijuana. “Marijuana arrests in 2006 totaled 829,627,” said Herzfeldt and Ioli. (projectcensored.org.) If marijuana was to be legalized, “It would save national and state governments an estimated $7.7 billion on law enforcement,” said Pearson and Talley. If the possession, sale, and manufacture of marijuana would be taxed, it would “generate an additional $2.2 billion in tax revenue, according to a report by Professor Jeffrey A. Miron and endorsed by 500 economists.” (Pearson, Talley)

Perhaps the biggest argument towards the legalization of marijuana is the benefits of "medical marijuana." "Marijuana is not a cure, but it can help cancer patients...University doctors and researchers have found that marijuana is also effective in: lowering internal eye pressure associated with glaucoma, slowing the onset of blindness; reducing the pain of AIDS patients, and stimulating the appetites of those suffering malnutrition because of AIDS 'wasting syndrome'; and alleviating muscle spasticity and chronic pain due to multiple sclerosis, epilepsy, and spinal cord injuries," said Dr. Cohen, Dr. Silverberg, and Boyce, RN. (CA Secretary of State - Vote96 - Text of Proposition 215.) These, among many other doctors and nurses, support and believe that the medical benefits of marijuana far exceed reasons for criminalization. Their argument clearly stated that "Proposition 215 will allow seriously and terminally ill patients to legally use marijuana, if, and only if, they have the approval of a licensed physician." (United States)

Extensive research has been done in order to produce a safe, smokeless form of marijuana. Marinol, a medical pill form of marijuana, was developed. "[Marinol] comes in the form of a pill and is also being studied by researchers for suitability via other delivery methods, such as an inhaler or patch. The active ingredient of Marinol is synthetic THC, which has been found to relieve the nausea and vomiting associated with chemotherapy for cancer patients and to assist with loss of appetite with AIDS patients," stated an official Drug Enforcement Agency web page. The actual smoking of marijuana is not encouraged by the D.E.A. concerning medical marijuana. "...smoking is generally a poor way to deliver medicine. It is difficult to administer safe, regulated dosages of medicines in smoked form. Secondly, the harmful chemicals and carcinogens that are byproducts of smoking create entirely new health problems. There are four times the level of tar in a marijuana cigarette, for example, than in a tobacco cigarette," the same web page stated. Though smoking is not encouraged, Marinol is. "Marinol has been studied and approved by the medical community and the Food and Drug Administration." (Marinol - the Legal Medical Use for the Marijuana Plant)

Through all of the pro-legalization facts and opinions, there are just as many against. One popular argument typically offered up by those against legalization is the legitimacy of doctors and patients. Though at first doctors may be diligent about which patients are in actual need of medical marijuana, it may be acceptable to believe that the system will come apart in certain places. "This process usually involves little more than a lackadaisical check-up from the doctor. A quick blood pressure test, a peek down your throat and you can walk out the door with a note allowing you to get as stoned as you like — legally. It’s like doctors advertising that they will write Oxycontin prescriptions for complaints of a sore throat, a rolled ankle or other minor ailments." (Editorial: Prop 215 Ineffective Thanks to Loopholes)

Many of those who endorse the legalization of marijuana are comparing its use to tobacco use. The problem with this comparison is that tobacco is more widely used and accepted than marijuana. With over 300 million people in the population of the United States, about 20.9% are tobacco users. (Mariolis) It is estimated that about 14 million Americans have used marijuana in the last month, amounting to about 5% of the population, which shows a notable difference of prevalence in society. (Marijuana - InfoFacts - NIDA) In fact, marijuana has not only the same harmful effects of tobacco, it has more. The D.E.A. states that smoked marijuana "contains more than 400 different chemicals, including most of the hazardous chemicals found in tobacco smoke." (Marinol - the Legal Medical Use for the Marijuana Plant) The National Institute on Drug Abuse (NIDA) has also done research on the downfall of marijuana use, stating that "Long-term marijuana abuse can lead to addiction," "Long-term marijuana abusers trying to quit report irritability, sleeplessness, decreased appetite, anxiety, and drug craving," and that "a number of studies have shown an association between chronic marijuana use and increased rates of anxiety, depression, suicidal ideation, and schizophrenia." (Marijuana - InfoFacts - NIDA) Aside from the negative effects marijuana has on the brain, it can do more physical damage. Smoking marijuana can lead to heart attacks, seeing as "marijuana increases heart rate by 20–100 percent shortly after smoking." Perhaps the most harm is done to the lungs. "Marijuana smoke contains 50–70 percent more carcinogenic hydrocarbons than does tobacco smoke," which is more harmful than tobacco use because of the fact that "marijuana users usually inhale more deeply and hold their breath longer than tobacco smokers do, which further increase the lungs’ exposure to carcinogenic smoke." (Marijuana - InfoFacts - NIDA)

The most defensive argument against the legalization of marijuana is the concept of "gateway drugs." Gateway drugs are substances such as tobacco, alcohol, and marijuana that are typically considered to be simple recreational drugs but are drugs that may lead to the experimentation into harder drugs such as cocaine and heroin, through situations such as the setting of acquiring the so-called recreational drugs or having these drugs laced with "harder" substances. The Substance Abuse and Mental Health Services Administration (SAMHSA) has done extensive research on marijuana as a gateway drug and other more severe drugs. When discussing cocaine use, "62 percent of adults who had used marijuana before the age of 15 have used cocaine at some point during their lives. For those who had never used marijuana, that number is 0.6 percent." With heroin use, "Those who use marijuana in youth are more likely to use heroin. That number is 9 percent as compared to 0.1 percent for those who had never used marijuana. " And with psycho-therapeutic drugs, such as abused anti-psychotics and anti-depressants, "53.9 percent of those who used marijuana before the age of 15 report that they have also tried to use psychotherapeutic drugs for non-medical uses. The rate for those who have not used marijuana is 5.1 percent." (Marijuana Use Facts - Marijuana Statistics on Addiction and Abuse)

RELATED INCIDENTS IN HISTORY The debate of the legalization of marijuana, especially concerning Proposition 215, was not a new concept. As early as the late 17th century, Americans were at opposing viewpoints concerning substance use and abuse. Starting in January of 1920, the 18th Amendment's rule of alcohol prohibition took action, disallowing the "manufacture, sale, and transportation of intoxicating liquids." ( [|Rosenburg] ) This amendment was pushed for by many women and other temperance groups who had hoped to protect families from alcohol's abuse, including abuse and financial instability. As in the protesting for legalization of marijuana, many people continued to produce, sell, and consume alcohol without consideration of the law. (1920's Prohibition)

Millions of Americans use marijuana frequently without worry of the law, similar to the days of Prohibition. One of the reasons for Prohibition's failure was the large amount of people who opposed it. In Proposition 215, the majority amount of people in California voted for legalization, if only for medical purposes, leading to the bigger picture of complete legalization of the popular drug.

Another similar occurrence in American history was the passage of the 1906 Pure Food and Drug Act at the time of the Theodore Roosevelt administration. This act prevented the selling and manufacture of "adulterated" and "misbranded" products, and it also required the listing of ingredients within the product. A warning was also to be placed upon any product containing harmful, habit-forming substances, such as cannabis and cocaine. [|(] Pure Food and Drug Act of 1906) These new regulations encouraged people to stay away from certain products, creating a taboo against many substances. Following this act came the Controlled Substances Act of 1970, which established strict regulations on different areas of drug use. Drugs and harmful substances are grouped in five separate "schedules," each divided by severity and nonmedical use of those drugs.

THE FUTURE

In the future, the illegality of marijuana will be seen as a restriction on American's rights. After the sure, complete legalization of marijuana, it will be popular for a period of time. As demonstrated by the vote in California for Proposition 215, the majority of the United States will vote towards complete legalization, both medical and recreational. Steps towards this process are already occurring. In November 2010, AB 2254 will be presented on voting ballots, which will call for the legalization of recreational marijuana under certain limitations. As multiple states have followed California's Proposition 215, other states are sure to be encouraged by AB 2254. However this new popularity will decline as more and more information about marijuana's dangers will go out to children younger and younger, as it has done with cigarettes. Advertisements encouraging marijuana use will be prohibited, in the same sense of how cigarettes declined in use between 1965 and the present. In 1964, after the Surgeon General "for the first time publicly linked smoking with cancer and other health risks," smoking has declined from over 55% of the population smoking to an average of 20%. (Turpin) Though the use of marijuana will decline after legalization, it will remain more prevalent than tobacco did after its "fall." While tobacco has no proven positive effects on the body, marijuana does, which will allow people to be more accepting of its use.

BIBLIOGRAPHIES "1920's Prohibition." //The 1920's - Roaring Twenties - The Nineteen Twenties in History//. 2005. Web. 25 May 2010. < @http://www.1920-30.com/prohibition/ >.

Braden, Cassaundre. "Marijuana Ban Is Alcohol Prohibition of This Generation." //K-State Collegian//. 7 Sept. 2007. Web. 24 May 2010. < @http://www.kstatecollegian.com/2.2505/marijuana-ban-is-alcohol-prohibition-of-this-generation-1.223403 >.

"How to Legalize." //Mother Jones// Feb.-Mar. 1990. Web.

"Marijuana Timeline In The United States." //Recreational Drug Information//. PBS Online and WGBH/Frontline, July 1999. Web. 25 May 2010. < @http://www.a1b2c3.com/drugs/mj005.htm >.

"Marijuana Use Facts - Marijuana Statistics on Addiction and Abuse." //Marijuana Addiction Treatment//. Drug Rehab 101. Web. 25 May 2010. < @http://www.marijuanaaddictiontreatment.org/statistics-facts.html >.

"Marinol - the Legal Medical Use for the Marijuana Plant." //Welcome to the United States Department of Justice//. US Drug Enforcement Agency. Web. 25 May 2010. < @http://www.justice.gov/dea/ongoing/marinol.html >.

Mariolis PhD. "Tobacco Use Among Adults --- United States, 2005." //Centers for Disease Control and Prevention//. 27 Oct. 2006. Web. 25 May 2010. < @http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5542a1.htm >.

Pearson, Spencer, and Larry Talley. "Legalize the Medicinal and Recreational Use of Marijuana | Ideas for Change in America." //Change.org//. Web. 25 May 2010. < @http://www.change.org/ideas/view/legalize_the_medicinal_and_recreational_use_of_marijuana >.

Rosenberg, Jennifer. "Prohibition: 20th Century History." //About.com//. 2010. Web. 25 May 2010. < @http://history1900s.about.com/od/1920s/p/prohibition.htm >.

Turpin, Posted Zachary. "Book of Odds: Smoking Over Time." //Book of Odds - The Odds of Everyday Life//. 2010. Web. 25 May 2010. < @http://www.bookofodds.com/Health-Illness/Articles/A0232-Smoking-Over-Time >.

United States. California. Secretary of State. //Proposition 215: Text of Proposed Law//. Attorney General, 1996. Web. 18 May 2010. < @http://vote96.sos.ca.gov/bp/215.htm >.

Walters, John P. "Drug Use Trends." //Office of National Drug Control Policy//. The President of the United States, 19 July 2006. Web. 25 May 2010. < @http://www.whitehousedrugpolicy.gov/publications/factsht/druguse/ >.

"Editorial: Prop 215 Ineffective Thanks to Loopholes." //The Orion//. 12 May 2010. Web. 26 May 2010. . "DEA, Title 21, Section 812." //Welcome to the United States Department of Justice//. 22 Jan. 2002. Web. 26 May 2010. . "CA Secretary of State - Vote96 - Text of Proposition 215." //CA Secretary of State - Vote96 - November 1996 General Election Web Site//. Web. 25 May 2010. . "Marijuana - InfoFacts - NIDA." //National Institute on Drug Abuse - The Science of Drug Abuse and Addiction//. July 2009. Web. 26 May 2010. . "Pure Food and Drug Act of 1906." //MATRIX Classes//. Web. 26 May 2010. .

[|PURE FOOD AND DRUG ACT]- document ......For preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That is shall be unlawful for Columbia any article of food or drug which is adulterated or misbranded, within the meaning of this Act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed five hundred dollars or shall be sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court, and for each subsequent offense and conviction thereof shall be fined not less than one thousand dollars or sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court...........

[|PROPOSITION 215]- document ..... //To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief........//

[|CONTROLLED SUBSTANCES ACT] - document

...... Establishment There are established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in this section. The schedules established by this section shall be updated and republished on a semiannual basis during the two-year period beginning one year after October 27, 1970, and shall be updated and republished on an annual basis thereafter. (b) Placement on schedules; findings required Except where control is required by United States obligations under an international treaty, convention, or protocol, in effect on October 27, 1970, and except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows:

(1) Schedule I. -

(A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.......