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By
Josh Weis
“In an open society, it is none of the government’s business what idea a man puts
into his mind; likewise, it should be none of the government’s business what drugs he
puts into his body.”1 As a libertarian I am firm believer in the individual right, the ability
for all people to choose how they live their lives, as long as it is not to the detriment of
others. One key tenant of most libertarian platforms is the legalization of drug use by
consenting adults. Though many people would not support the legalization of all drugs
there is a growing number of U.S. citizens that believe that marijuana should be
legalized. These people have pointed out the costs of marijuana’s criminalization both for
its users and the country as a whole. Though I am advocating the legalization of
marijuana in this paper, I am going to forgo to usual criminal and personal choice
arguments and instead focus on the industrial and medical uses of marijuana that can
benefit the country as a whole. Additionally, I will address the revenue that can be
generated by legalized marijuana, in any form, and the issues with regulation that may
arise.
Yes, marijuana gets you high. Yes, today’s marijuana is not your father’s
marijuana. Yes, we must protect the youth of America from the adverse effects of
engaging in behaviors that may stunt emotional, physical and mental growth, but at what
cost? In 1938, Popular Mechanics published an article titled “New Billion-Dollar Crop”
praising the many uses of industrial hemp.2 Yet the media and the government have
demonized it, claiming the plant has no use other than as an intoxicant. For many years it
seemed that marijuana in any form would remain illegal. However, due to the economic
1
Dr. Thomas, Szasz, The Ethics of Addiction 75 (Harper’s 1972).
2
New Billion Dollar Crop, Popular Mechanic Feb. 1938, available at
http://www.druglibrary.org/schaffer/hemp/popmech1.htm
troubles facing this nation, we as Americans may change our opinion on the subject.
If one were to take a look at any national poll, one thing would be certain: most
Americans are worried about the economy.3 At the time this paper is being written the
U.S. debt is just shy of the 12 trillion dollar mark.4 The national unemployment rate, as of
October 2009, was at 10.2 percent, the highest it’s been since 1983.5 Prior to the
economic down turn the environment was a hot button issue. Though it has slipped in the
polls as an important issue6, the environment has still remained a key issue for the current
source of new jobs. One study conducted predicted that in New Jersey 57,000 jobs could
be created just by going green, this would encompass promoting renewable energy,
implemented nationwide these same measures are estimated to create 2 million jobs,
When I originally had proposed to write on this topic, I was only focused on the
national situation has changed, so has the focus of this paper. Though most of my
research will still center on the environmental benefits of marijuana, I believe that the
3
Problems and Priorities, Bloomberg Poll Dec. 3-7, 2009, available at
http://www.pollingreport.com/prioriti.htm.
4
US Treasury Dept, Debt to the Penny and Who Holds It (2009), available at
http://www.usdebtclock.org/.
5
Bureau of Labor Statistics, Economic New Release, Employment Situation Summary
(2009), available at http://www.bls.gov/news.release/empsit.nr0.htm.
6
Bloomberg Poll, supra at 3.
7
Organizing for America, New Energy for America (2009), available at
http://www.barackobama.com/issues/newenergy/index.php.
8
Robert Pollin ET AL., Green Recovery (Center for American Progress • Political
Economy Research Institute) (2008), available at
http://www.peri.umass.edu/fileadmin/pdf/other_publication_types/peri_report.pdf.
evidence shows that many of these benefits will have direct and positive impact on the
economic situation facing this county, as well. In order to best address the issue of
legalization, I feel that it is important to have thorough understanding of this plant and its
historical uses.
believed to have been cultivated since the beginning of recorded history, if not even
longer. Though the origins of the plant are unknown, many believe the first strains
originated in Central Asia.10 The oldest hemp specimen, a piece of cloth, dates to 10,000
B.C.E. and was found on the isle of Taiwan. The Chinese were the first to develop paper,
which was most likely made from hemp. The Chinese also utilized hemp for its
intoxicating and medicinal qualities. The Islamic world, however, is credited with the
spread of marijuana from the Far East to Africa and Europe.11 Though used as an
intoxicant in both Africa and Asia it was primarily used for its industrial purposes in
Europe.12 Marijuana eventually made it to South America in the 1700’s via the slave trade
and soon became a very popular intoxicant with the indigenous population.13
The first record of marijuana being cultivated in the United States was in 1611,
where the settlers at Jamestown cultivated it. It was an important crop for early settlers,
9
Industrial Uses, Campaign for Restoration and Regulation of Hemp (2009), available at
http://crrh.org/cannabis/industrial.html.
10
Ralph A. Weisheit, Domestic Marijuana: A Neglected Industry 11 (Greendwood Press
1992).
11
Id at 12
12
Id at 13
13
Id at 14
because it could be made into rope and cloth.14 Compared to cotton, hemp is softer,
warmer and had three times the tensile strength, which made it a highly desirable product
the world over.15 Hemp remained a cash crop in the US until the Civil War, at which time
it became cheaper to import the crop. However, hemp was still produced in the US until
the Marijuana Tax Act was passed in 1937.16 Later on I will discuss the controversy
Industrial Use
Though marijuana is now almost exclusively thought of as a drug, for thousands
of years that was only part of its allure. Hemp is derived from the plant species known as
Cannabis sativa L., which consists of such varieties as Cannabis sativa Sativa and
Cannabis sativa Indica. There are two separate parts of the hemp plant, each used for
different products. Bast, the fibrous part, is used to make things ranging from rope to fine
lace. After the fiber has been removed, a woody substance called hurds remains. Hurds
Hemp is the strongest naturally occurring fiber known to man. Currently there are
25,000 known uses for hemp.18 As noted above it can be used for fiber, paper, and cloth.
But what many are unaware of its other industrial uses. Prior to the advent of petroleum-
based products hemp was used to make diesel fuel, oil for lamps and industrial lubricants,
14
Id at 15
15
Weisheit, supra note 10, at 11.
16
Id at 15. The ban was temporarily lifted during WWII to help with the war effort. At
the time hemp was still being used for canvas, oil for lubrication, rope, and other fiber-
based products. Prior to ban was lifted the US got most of its hemp from Japan and the
Philippines, which due to the war had been cut off. Id.
17
Industrial, supra note 9.
18
Hemp Facts: Fuel, Food, Fiber, Medicine, Industry Hempcar Transamerica (2009),
available at http://www.hempcar.org/hempfacts.shtml.
and can be used as a substitute for petroleum in making plastics.19
Until 1883, between 75 and 90 percent of all paper used in the world was made of
hemp. Additionally, prior to the advent of nylon fiber almost all rope was made of hemp
fiber. Further, nearly every sail on a boat was made from hemp fiber.20
As mentioned above hemp can be used to create diesel fuel. The diesel engine
was invented in 1894 by Rudolph Diesel and ran on hempseed oil. Petroleum based
diesel would not be synthesized until about 1913.21 Due to it being cheap, and at the time
readily available, petroleum based diesel became the prevalent form of diesel the world
over. Rudolph Diesel had originally intended his invention to be used with bio-diesel
allowing anyone to be able to produce his or her own fuel. However, this dream died with
him and petroleum became the dominant fuel source for diesel engines.22
science at the turn of the 20th century. In 1942, Henry Ford developed a car made of a
hemp-based composite. The composite material was ten times stronger than steel; it was
Hemp can be also used as a food source. Hemp seeds are high in fatty acids and
high in protein. These seeds can be pressed into cakes or made into an oatmeal-like
substance. It is believed that hemp seed based foods can be of enormous benefit to people
19
The use of hemp to make plastics is a modern advent, though hemp has been used in
composites since the 40’s. Industrial, supra note 9.
20
Weisheit, supra note 10, at 11.
21
History of Biodiesel Fuel, Pacific Biodiesel (2009), available at
http://www.biodiesel.com/index.php/biodiesel/history_of_biodiesel_fuel.
22
Id.
23
Id.
in poverty stricken countries, both as a food and economic source.24
located in the resin of the plant. The largest collection of the resin is located in the flower
tops of female plants. Levels of different cannabinoids vary from plant to plant and
When marijuana is ingested in any form these cannabinoids will eventually bind
to receptors in the brain. Currently, scientists have identified the two most common
cannabinoid receptors in the brain, CB1 and CB2. CB1 is the more prevalent of the two and
are extremely prevalent in the brain. CB1 have been associated with pain reduction and
outnumber morphine receptors 10 to 1. CB2 receptors on the other hand are extremely
prevalent in the immune system and therefore cause an anti-inflammatory response in the
immune system.26
Due to the differing effects each receptor has on a person’s internal systems
scientists are continually working to isolate the different cannabinoids and identify which
receptor they will affect. By doing so, scientists are able to isolate the specific effect they
Medical Use
The earliest recorded use of marijuana as a medicine was in China. Emperor Shen
Nung touted the healing properties of marijuana. This record dates to 2700 B.C.E. At the
time marijuana was drank in a tea, not smoked, and was used to treat more than 100
24
Hemp Facts, supra note 18.
25
Alison Mack & Janet Joy, Marijuana As Medicine? 28 (Nat’l Acad. Press 2001).
26
Id.
different ailments such as gout, rheumatism, malaria, and absentmindedness.27
Additionally, modern man was not the first to weigh the pros of marijuana as a
medicine and the cons of marijuana as an intoxicant. During, the fifteenth century
Muslims debated the use of hashish (marijuana resin) as medicine and its use as a drug.
The Koran bans the use of alcohol, because of its intoxicating effect. Some Muslims
believed that hashish should also be treated like alcohol and banned. However, others
believed hashish was a potent medicine with many benefits. As a compromise Muslims
decided that if used, as medicine, hashish was fine. However, if used as an intoxicant one
Though used for centuries in the Far East and Africa, marijuana was not used as a
medicine in western civilizations until the mid-19th century. An Irish doctor by the name
of O’Shaughnessy was one of the first western doctors to use marijuana as medicine.
O’Shaughnessy used it to treat both muscle spasms and pain. He also reported success in
treating the often fatal vomiting and diarrhea, common symptoms of cholera.30
By the 1860’s physicians state side were successfully using marijuana extracts to
treat chronic cough, gonorrhea, and pain, amongst other problems. By the 1930’s two
27
Mack, supra note 25, at 14.
28
Id.
29
Id at 15.
30
Id at 16.
marijuana to be used as an analgesic, an antispasmodic and a sedative.31
companies, which had started to manufacture both aspirin and barbiturates in the 1930’s
sought to corner the market. These companies threw their support behind Hearst and
The advent of petroleum based products, the use of marijuana for recreation
amongst Mexicans and Jazz musicians, and the advent of new age drugs created the
perfect environment to push marijuana into the realm of the illegal. In 1937, the
Marijuana Tax Act was passed, effectively banning marijuana cultivation. In 1942,
marijuana was removed from the United States Pharmacopoeia, because it was
are believed to have no medical use and are highly addictive. Though classified as having
Many have praised the effects marijuana has had on both cancer and AIDS
patients. Marijuana is used, in these cases, to ease nausea, pain, and wasting. Its use
promotes appetite and has proven quite effective35. Additional, a THC synthetic marketed
as Marinol has been approved by the FDA as a pain medication and has seen some
31
Mack, supra note 25, at 17.
32
Peter Guither, Why is Marijuana Illegal? (DrugWarRant.com 2009), available at
http://www.drugwarrant.com/articles/why-is-marijuana-illegal/.
33
Mack, supra note 25, at 17.
34
Id at 19.
35
Id at 21.
36
Marinol, RxList The Internet Drug Index, available at http://www.rxlist.com/marinol-
However, the use of medical marijuana is not without its side effects. Which
range from minor intoxication, problems associated with smoking37, paranoia, anxiety,
and an array of other psychological affects. However, what drug is not without its side
effects. Opiates get people very high, to the point that users become utterly unproductive.
Other drugs may cause side effects such as suicide or hair loss. There are countless drugs
endless uses, why is it illegal? As noted above, the end of legal marijuana use in America
came about due to the Marijuana Tax Act.39 This act required anyone growing hemp to
get a permit, which would not be issued unless one was growing hemp. This created a
catch-22; one could not grow marijuana without a permit and one could not get the
permit with out proof they were growing hemp. But if hemp was such a useful plant, why
ban it? The answer is simple. Hemp was banned because it was a versatile plant.
In the early 1900’s, the U.S. saw an economic boom fueled by three major
industrial fields: petroleum, lumber, and steel. All three of these fledgling industries were
directly threatened by marijuana’s many uses. As the heads of these industries, Dupont,
Hearst and Mellon put all their support behind a marijuana ban.40
drug.htm.
37
Studies have begun to show that marijuana may have properties that may inhibit cancer
growth. However, marijuana when smoked can still lead to emphysema, bronchitis and
other upper respiratory problems. Marijuana Cuts Lung Cancer Tumor Growth In Half,
Study Shows, Science Daily, Apr. 17, 2007, available at
http://www.sciencedaily.com/releases/2007/04/070417193338.htm.
38
Mack, supra note 25, at 23.
39
See above at 9.
40
Jack Herer, The Emperor Wears No Clothes ch. 4 (Ah Ha Pub. 1998).
Also, at the time, the U.S. began to see a major influx of Mexican migrant
workers, who frequently smoked marijuana. The Mexican’s in the U.S. were viewed with
denigration, and were demonized throughout the country. Though one of the most
demonized groups, anti-marijuana activists also began to associate marijuana with other
undesirables such as black people, jazz musicians and other seedy artists41.
At the time the head of the Bureau of Narcotics was man named Harry Anslinger.
Anslinger was a vehement racist who used drug laws to target and imprison members of
minority groups, in particular Mexicans and Blacks. Hearst owned the largest news
company in America. With Hearst’s help, Anslinger was able to have stories printed
about the ills of marijuana, so called refer madness. These stories claimed that when
people smoked marijuana they would go on wild murder sprees or that white women
would smoke marijuana then sleep with Mexicans or Black men. Though not one story
printed by Hearst contained a shred of truth, they were accepted as fact by America for
Other industrial tycoons threatened by hemp’s many uses, also helped support an
initiative to ban marijuana. The passage of the Marijuana Tax Act was the culmination of
this effort.43
more environmentally sound than the current ones, and are they more economically
41
Weisheit, supra note 10, at 21.
42
Guither, supra note 32.
43
Id.
sound than current methods? In general the answer is yes.
One acre of hemp can produce as much fiber as two to three acres of cotton.
Hemp fiber is much stronger and softer than cotton44. It lasts twice as long as cotton and
unlike cotton, hemp does not grow mildew. A handful of companies, outside the U.S.,
Cotton can only grow in moderate climates and requires more water than hemp.
Hemp, however, is frost tolerant and requires only moderate amounts of water.
Additionally, hemp can grow in almost every country in the world. Cotton requires
immense quantities of pesticides and herbicides, which amount to half of the world’s
consumption pesticides and herbicides. Hemp on the other hand requires no pesticides, no
It takes years for trees to reach a mature age, suitable for harvest as lumber. Hemp
on the other hand is ready for harvest after only a four-month period. As noted above,
hemp can grow in almost any climate on earth. Tree farms, on the other hand, require
large tracts of fertile land and temperate climates. Harvesting hemp over trees would also
prevent erosion due to logging, thus reducing topsoil loss and water pollution caused by
soil runoff.47
44
Hemp: The World's Most Beneficial Natural Resource? Amazing Facts About An
Amazing Plant, Hempcar Transamerica (2009), available at
http://www.hempcar.org/untoldstory/hemp_2.html.
45
Id.
46
Id.
47
Id. Trees massive root systems are responsible for holding soil in place, when removed
the soil loses its hold. Hemp root systems do minimal damage when removed from the
ground. Additionally, new hemp root systems can take hold much quicker then a new tree
root system. Rhett A. Butler, Erosion and its Effects (Mongbay 2006), available at
http://rainforests.mongabay.com/0903.htm.
One acre of hemp can produce as much paper as two to four acres of trees. Global
demand for paper will double over the next 25 years. At the current rate, there are not
enough trees on earth to support the demand for paper. Hemp is the most promising
The quality of hemp-based paper is also far superior to tree-based paper. Hemp
paper can last hundreds of years without decaying49, can be recycled more easily than
tree-based paper, and requires less toxic chemicals in the manufacturing process than
Hemp also has many uses in green architecture. Hemp can be used to make a
fiberboard that is stronger and lighter than a wood equivalent. Hemp based fiberboard is
also fire retardant. Substituting hemp fiberboard for lumber would further reduce the
demand on our forests. Additionally, insulation can be made of hemp. Though not suited
for all insulation needs, when applicable, hemp can be more efficient than a fiberglass
based alternative. Additionally, it is cheaper and does not require special gloves and
Hemp can also be used to produce strong, durable and environmentally friendly
48
Hemp, supra note 44.
49
Many documents dating from the revolutionary war, including copies of the declaration
of independence were printed on hemp paper. All these documents are in far better
condition than a paper document from the same period. Weisheit, supra note 10, at 11.
50
The bleaching and treating of both paper and cotton are the two of the top causes of
water pollution in the world. Hemp based products require less treatment if any at all
because the pulp or fiber used is already of a white nature. Laura Perdomo, Alternative
Sources of Fiber, available at http://sustaineugene.org/fiber.html.
51
Susan Wilson, Another Green Insulation Uses Hemp, Tech.Blorge, Feb. 23, 2009.
Available at http://tech.blorge.com/Structure:%20/2009/02/23/another-green-insulation-
uses-hemp/.
based composites. Mercedes Benz of Germany has recently begun manufacturing
Hemp seeds contain protein that is more nutritious and less expensive to produce
than soybean protein. Further, hemp seeds are not intoxicating. Hemp seeds can also be
used to make almost any soy based product such as tofu, veggie burgers, butter, cheese,
salad oils, ice cream, milk, etc. Hemp seed can also be ground into flour that can be used
Hemp seed can also be used to make oil. This oil can be used to make non-toxic
diesel fuel, paint, varnish, detergent, ink and lubricating oil. Hemp seeds can account for
up to half of a mature hemp plant’s weight. Thus making hemp seeds a viable source for
Not unlike corn, hemp can be converted into a clean-burning ethanol fuel. Hemp
produces more biomass than any plant species that can be grown in such a wide range of
Wild hemp plants, in the millions, currently grow throughout the U.S. Wild hemp,
like industrial hemp, has no drug-like properties because of its low THC content.56
52
Dale Brosius, Natural Fiber Composites Slowly Take Root, Composite Technology,
Feb. 1, 2006, available at
http://www.compositesworld.com/articles/natural-fiber-composites-slowly-take-root.aspx
53
Lynn Osburn, Hemp Seed: The Most Nutritionally
Complete Food Source In The World, I Hemp Line J. 14, 14-15 (1992), available at
http://www.ratical.org/renewables/hempseed1.html.
Hemp, supra note 44.
54
Id.
55
Id.
56
Id.
industry in this country, yet it still remains banned. It seems that hemp’s potential uses
are limitless. That coupled with the fact that hemp can grow in almost any climate or
location makes hemp one of the most useful natural resource at mankind’s disposal. The
Obama administration is stressing how important it is that we not only cut our
footprint. However, no effort has been made to legalize marijuana in any form, whether
on other anecdotal evidence. However, many scientists and doctors are beginning to
medical uses of marijuana. Unfortunately, many studies lack clinical data due to
restrictions on access to high quality marijuana, limited availability of funds, and strict
regulation.57
Though there is a lack of clinical data, scientists, nonetheless, have been able to
conduct biological studies. Scientists in these studies isolate a specific symptom such as
nausea or pain and try to find the biochemical cause of said symptom. Then scientists try
and determine if any chemical property of marijuana can interrupt that process.
And this is where California’s medical marijuana differs from true medical
marijuana. In California, if people have medical marijuana cards, they can purchase,
possess and imbibe marijuana. However, unlike most medicines, marijuana has no set
dosage for specific ailments. Further, marijuana is not standardized like aspirin.
57
Mack, supra note 25, at 24.
Marijuana can have varying levels of cannabinoids; aspirin however, is the same from
pill to pill.58 And that is where real medical marijuana differs from the California model59.
Most medical studies being conducted now use specific doses, using isolated
chemicals found in marijuana, or processed marijuana (hashish), which unlike the plant is
control. Marijuana like most plants can grow mold, which can cause problems if smoked.
Standardization and quality control can remedy this problem. When talking about
marijuana there has been a push lately to explain the difference between Medical
One new study has shown promise for using marijuana to treat the H1N1 virus.
Interestingly, the flu does not kill people, our immune systems do. The immune system
causes most of the symptoms associated with the flu, including a rise in body
temperature, aches and other inflammatory responses. These rises in inflammatory levels
can lead to death if unchecked. For years it has been recognized that marijuana is an
immuno-suppressor. Due to this quality it has been recommended that the sick or those
who might get sick not smoke because of an increase risk of infection. However, what
affect will marijuana have on the system after one has contracted the flu virus? Some
58
David Downs, Is Cutting-Edge Marijuana Lab the Future of Legitimate Pot?, East Bay
Express, March 5, 2009, available at http://www.alternet.org/drugreporter/130163?
page=1.
59
I am of the opinion and am not alone in this belief that California’s medical marijuana
laws are doing the field a disservice. California’s policy is not a medical policy but de
facto legalization. Any Joe Shmoe with an “ailment” can get a card and smoke weed
without fear of prosecution. As libertarian I have no problem with people being able to
smoke weed in the privacy of their own home. However, calling what California does
medical marijuana does the field harm, by detracting from real medical work.
60
Downs, supra note 58.
studies are starting to show that the affect is actually quite positive. People treated with a
marijuana analog show less severe reactions to the virus and improved functioning while
ill.61
Currently, one of the more common reasons for marijuana use is to treat pain.
Specifically pain associated with often life long or life altering disease (AIDS, diabetes,
Multiple Sclerosis, arthritis, etc.). The pain associated with these diseases is commonly
strong opiates such as Oxycontin. However, new research has shown that marijuana has
Autism in America is currently on the rise. Autism not only affects the lives of
those with the disease but their families as well. Children with Autism can become
violent, develop odd compulsions and have problems with social interaction. In some
cases these symptoms can be severe. Recently, parents who have exhausted all means of
regulating their Autistic child’s behavior have turned to marijuana. A few case studies
have shown promise. In these studies, children were provided with a small amount of
marijuana in edible form. The children in these studies experienced almost immediate
improvement, with violent outbursts stopping. Though only a case study, it has shown
promise. More research is needed to determine the actual level of reduction in certain
61
Michael Krebs, Medical marijuana as protection against the H1N1 swine flu virus?,
Digital Journal, Aug. 3, 2009, available at http://www.digitaljournal.com/article/276928.
62
Lester Grinspoon, Marijuana Gains Wonder Drug Status, Boston Globe, March 3,
2007, available at I http://www.alternet.org/drugreporter/48749/.
63
Should Medical Marijuana Be Used to Treat Kids With Autism?, To Protect and Serve
Opposing Views, Nov. 17, 2009, available at
http://www.opposingviews.com/articles/news-should-medical-marijuana-be-used-to-
The most promising development in the medical marijuana field has been the
AMA suggestion that marijuana be removed from the schedule one class of drugs.
Schedule one drugs are considered to have no medical value. The AMA is of the belief
that more research needs to be conducted on the use of marijuana. Due to its current
classification, this is just not possible. Though recommending further medical research,
the AMA is still wary of the inherent problems associated with smoking.64
The arguments range from the intoxicating qualities, health problems associated with
marijuana, to dependency issues. However, to what extent are these concerns real and to
what extent are they a stretch of the truth to perpetuate the demonization of the plant?
Drug Addiction showed that students who smoked marijuana had impairment related to
memory, attention and learning for 24 hours after using marijuana. Additionally, the
study showed that will high participants showed a reduction in reaction time and motor
control.65
While these studies have shown that marijuana can impair one’s ability to focus
treat-kids-with-autism-r-1258479663.
64
Carina Storrs, The AMA Eases it Stance on Marijuana, Scientific America, Nov. 17,
2009), available at http://www.scientificamerican.com/blog/post.cfm?id=the-american-
medical-association-ea-2009-11-17.
65
Marijuana Myths & Facts, Off. of Nat’l Drug Contr’l Pol’y, at 3 & 4, available at
www.ncjrs.gov/ondcppubs/publications/pdf/marijuana_myths_facts.pdf.
or listen, other studies have showed that use of marijuana causes an increase in brain
activity in the frontal lobe. The frontal lobe is responsible for abstract thinking amongst
other things. Though studies have not proven it definitively, there is evidence to suggest
Though there are studies showing that marijuana inhibits one’s ability to learn,
there are other studies that show otherwise.67 This only reinforces my thesis that more
The one thing that both sides agree upon is that marijuana affects motor control
and reaction time. However, so do alcohol, Benadryl, and many other prescription drugs.
Yet, they are legal, despite coming with the caveat that one not engage in the use of
motor vehicles or the use of heavy machinery while using the substance. So, yes it is
unsafe to smoke pot and drive. However, it is also unsafe to use a cell phone and drive or
eat a cheeseburger and drive. Should we therefore ban cheeseburgers? No, we must
Another major concern is the affect of marijuana on the developing brain or more
simply the affect on the ability to study. Yet, none of this really matters for one simple
reason. No marijuana activist is arguing that teens or children should be allowed to use
marijuana. The argument that marijuana maybe harmful for children is a valid one, but
keeping it illegal for adults does not seem like a rational reaction. Alcohol can severely
66
Mack, supra note 25, at 59.
67
Marijuana's Impact On Brain Function 'Minimal,' Study Says, eNews Park Forest, July
30, 2009, available at http://www.enewspf.com/index.php?
option=com_content&view=article&id=9228:marijuanas-impact-on-brain-function-
qminimalq-study-says-&catid=88888904&Itemid=88890012.
68
Mack, supra note 25, at 60.
impair brain development and cognitive abilities. However, it is legal, just not for kids.
There have been many studies conducted on the use of marijuana and the
development of mental disorders. Many studies in this area have abused the statistics to
For instance the National Survey on Drug Use and Health reported that adults
who use illicit drugs are more then twice as likely to develop serious mental illness later
in life. Other studies show that teens are more likely to develop suicidal thoughts or
depression than those who don’t use marijuana. One study stated that users of marijuana
However, these facts are simply not true. The problem with many statistics is that
they use correlations to show cause. A correlation only shows a link or relationship
between factors and cannot be used to show causation. Many studies use data collected
that shows a positive trend between drug abuse and mental illness. However, the drug use
may not be the cause. Many people with mental illnesses or those with predispositions to
certain mental illnesses use drugs as a form of treatment prior to diagnosis. Though those
who have a mental illness have a higher instance of drug use, the drugs are not the cause
of those illnesses.71 One needs to read statistical comparisons carefully. If one sees the
term associate, correlation (or any derivative), or likelihood one needs to know there is
69
Marijuana, supra note 65, at 4.
70
Id.
71
Mack, supra note 25, 59.
72
For instance many studies like to hang on the association of marijuana with
unemployment, job performance and sexual partners. However, marijuana is not the
Further, studies that show marijuana can induce psychosis-like states need to be
discounted. For one, most of the studies produce such a varying degree of symptoms that
it is virtually impossible to link any one specifically to marijuana. It has been pretty much
agreed upon that marijuana use without a predisposition to mental illness will not
produce psychosis. The belief that marijuana alone can cause psychosis is unborn by the
facts. Many different stimuli can cause one to slip into psychosis, if there is a genetic
Lastly, many would like you to believe that chronic marijuana use can have
severe long-term affects on the brain. Though this used to be a commonly held belief,
modern studies on habitual users have shown that when a user stops, even a chronic user
functions just as well as non users on cognitive tests, after a few months. Further, brain
In this day and age it is simply impossible to argue that smoking anything is not
bad for you. Smoking marijuana or tobacco has been linked to emphysema, chronic
bronchitis, and respiratory infection. Though there is some research to suggest that
marijuana may lead to an increase in lung cancer, for the most part these studies fail to
account for other factors, such as genetic predisposition and tobacco use, amongst other
cause. In most cases there is an underlying issue that cause both symptoms. For instance,
teens who are likely to engage in sex at an early age or other risky behaviors are more
likely to use pot. It is not that the pot that causes the behavior. It is an underlying issue
that drives the teen to act out. The cause can be anything from problems at home to early
signs of some mental illnesses. I could conceivable spend an entire paper on marijuana
statistics alone and strongly urge readers to check statistical sources before making
conclusions based on the stats.
73
Mack, supra note 25, at 61.
74
Marijuana’s Impact, supra note 67.
things.75 Unfortunately, there is no definitive answer to this question. One study shows
that marijuana smoke may actually inhibit cancerous cell growth76, while others suggest
that marijuana smoke like tobacco smoke alters one’s DNA allowing for cancer growth.77
Whether or not smoking marijuana causes cancer is really a moot point, simply because
into food.
The real question then becomes does marijuana increase one’s risk of developing
cancer or is it simply the smoke? The one thing that can be said for certain is that tobacco
whether smoked or used in smokeless forms still causes cancer.78 However, the same
cannot be said about marijuana. Not one study has shown marijuana is cancerous rather
that smoking may cause cancer. While more research needs to be done, early studies are
showing that when vaporized marijuana produces very little toxins associated with any
respiratory problem.79 It seems that the major health concerns that can be linked to
marijuana are the same health concerns that can be linked to any organic compound that
is smoked.
Addiction
75
Mack, supra note 25, at 40-43.
76
Fred Gardner, Smoking Marijuana Does Not Cause Lung Cancer, O’Shaughnessy’s,
Aug. 28, 2009, available at
http://www.alternet.org/drugreporter/142271/smoking_marijuana_does_not_cause_lung_
cancer/.
77
Marijuana Damages DNA And May Cause Cancer, New Test Reveals, Science Daily,
June 15, 2009, available at
http://www.sciencedaily.com/releases/2009/06/090615095940.htm.
78
Smokeless Tobacco and Cancer: Questions and Answers, Nat’l Cancer Inst., May 30,
2003, available at http://www.cancer.gov/cancertopics/factsheet/Tobacco/smokeless.
79
Marijuana Vaporizer Provides Same Level Of THC, Fewer Toxins, Study Shows,
Science Daily, May 16, 2007, available at
http://www.sciencedaily.com/releases/2007/05/070515151145.htm.
A lot can be said on the issue of marijuana addiction. Recent studies have shown
that marijuana has addictive qualities. It creates dependence through tolerance, positive
reinforcement (makes one feel good) and has undesired withdrawal symptoms. However,
not everyone who smokes becomes a habitual user. Of those who have tried marijuana
only nine percent reported becoming dependent, compared to fifteen percent of alcohol
users and thirty-two percent of tobacco users. So, while it may have addictive qualities, it
poses less of chance of dependence than some legal substances. Further, from a medical
standpoint many prescription drugs used today are highly addictive (opiates and
California’s largest cash crop is not nuts, avocados, or wine but marijuana. It is projected
Revenue that goes untaxed!80 By some estimates California’s debt may hit twenty-eight
billion dollars by 2010.81 Since marijuana is currently illegal, California cannot tax it.
They can tax sales made by medical marijuana dispensaries, but cannot place a sin tax on
it, like tobacco, or tax the illegal sales that dominate the market. If marijuana was made
legal, it could be taxed just like tobacco. In California, a ten percent tax could net the
state 1.4 billion a year in taxes.82 This is just a conservative estimate. If legalized,
80
Joe Klein, Why Legalizing Marijuana Makes Sense, Times, Apr. 2, 2009, available at
http://www.time.com/time/nation/article/0,8599,1889021,00.html.
81
Analyst: California's Debt May Reach $28B By 2010, Ass’d Press, Nov. 11, 2009,
available at http://cbs2.com/consumer/California.Debt.Budget.2.861679.html.
82
Klein, supra note 80.
production might skyrocket creating even more revenue.
This is also just the number for one state and just for sale as an intoxicant. Some
estimates put the nationwide total of taxable revenue at approximately 6.7 billion dollars
in sales alone.83 This does not take into account the money saved by not prosecuting
marijuana users. (Nor the incredible sums spent annually on incarcerating convicted
marijuana growers and traffickers.) Nor does it take into account the revenue that could
Further, there is the matter of job creation. As noted above marijuana can be
cultivated almost anywhere by almost anyone. There would be a demand for farmers to
start growing marijuana both for its medicinal/recreational use and for its industrial uses.
There are currently no projected job numbers available for if and when marijuana would
become legal. However, let’s just take a look at the jobs that would be needed: farmers,
sell both marijuana and hemp products, further research into uses both industrial and
medical, just to name a few. It seems that the limit of the number of jobs that could be
83
Timothy Lutts, The Economics Of Legal Marijuana, Cabot Wealth Advisory, Oct, 29,
2009, available at http://www.cabot.net/Issues/CWA/Archives/2009/10/Al-Capone-
Barack-Obama.aspx.
84
Unfortunately, it is quite hard to calculate the amount of revenue that could be
generated by industrial hemp in the U.S., since there is no market. Though estimates have
been made based upon current import trends of hemp and other countries production
levels. However, these numbers vary from no profit per acre to $800 dollars per acre. The
real truth of the matter is this, unless the U.S. makes a conscious effort to replace less
environmentally friendly alternatives with hemp based products, the crop will not reach
the level of profitability that is needed. There is also the major issue of forcing other
crops or products out of the market. Yes, there is money in hemp, but in order to see
significant gains there would need to be a reduction in production levels for other crops,
such as lumber, cotton, or petroleum. The real question then should not be how profitable
is hemp compared to other products, but how profitable is hemp coupled with its
environmental impact verse other alternative products. Industrial Hemp in the US,
USDA, Jan. 2000, available at http://www.ers.usda.gov/publications/AboutPDF.htm.
created depends only on the extent to which we as a country decide to utilize the
marijuana plant.
The real question should be not how many jobs marijuana’s legalization could
create, but are we willing to keep marijuana illegal and forgo the jobs it could create
regardless of the amount of jobs actually created. Whether its 300 or 300,000 jobs, this
right to choose whether or not they want to engage in activities that may have a
detrimental affect upon them. However, I also feel that if people choose to use marijuana,
or any drug for that matter that it should be of good quality and purity. It is for that reason
that we need the government to step in and regulate marijuana production, and why it
should be legalized.
marijuana, I believe the only viable way to achieve this goal is through an outright
exact reason that industrial hemp is illegal, because the government does not wish to
waste man-hours making sure marijuana is not being grown when it should be hemp85.
85
Industrial hemp and marijuana are identical in appearance and can only be
differentiated by testing the THC levels. Industrial Hemp, supra note 84.
industrial product, medicine and intoxicant, there arises the question of who will regulate
it. As an intoxicant the ATF would most likely have some regulatory power. If it were
medical the FDA would most certainly be involved. The IRS would be involved on the
tax level both for sales and sin tax purposes. The Department of Agriculture too would
have claims to the regulation of who and how much marijuana could be grown. With all
these agencies having a legitimate interest in the regulation of marijuana there would
most certainly be an overlap of power. This could lead to confusion amongst farms,
system in place that could easily be extrapolated to the newly legalized marijuana. Most
likely a new government agency would have to be created to oversee the management
agencies; namely the FDA, the IRS, the ATF, and the Dept. of Agriculture. It would be
the job of the agency to set quality control standards, regulate pricing, taxing and
numerous other issues that are certain to arise. This agency would work in conjunction
with other governmental agencies to come up with the best course of action to deal with
marijuana seems like a major undertaking. Though it may be problematic for the federal
government, state and local governments may be better suited to handle overseeing
marijuana use and cultivation. By declaring a nationwide moratorium86 on marijuana
prosecutions each state could adopt a program to regulate and oversee marijuana use.
This way after a few years the federal government could see which programs work,
which programs don’t, and then make a more informed decision on how the federal
For the most part the industrial and medical would have the fewer impediments to
establishing a system to deal with products. However, marijuana as an intoxicant has one
key flaw, how does one tax and maintain the quality of marijuana? Ideally, everyone
would just buy marijuana like alcohol or tobacco; from a licensed distributor who ensures
quality and that the proper taxes are being paid. And just like tobacco or alcohol,
marijuana growers would need to obtain permits, would need to have their product pass
quality control87, and pay taxes. However, unlike tobacco and alcohol there would most
likely be more marijuana users who would wish to grow their own marijuana (most likely
due to the ease of production over tobacco and alcohol). While the issuing of permits88
for tax purposes could easily be handled, how does one handle the issue of quality
control?
One avenue would be that only those who wish to sell it would have to have it
86
Many states over the last decade have issued moratoriums on the death penalty to better
evaluate the system. It is my opinion that a similar moratorium may allow states to better
evaluate their stances on marijuana.
87
For instance, there are a few types of molds that can grown on marijuana that are not
good for the lungs when smoked. There is also the issue of growers placing adulterants
on the plant to enhance the high of a poor crop. Downs, supra note 58.
88
Though easy to issue the permit and determine if someone is growing without a permit,
should a cap on permits to grow marijuana be set. Just like corn and wheat productions
are controlled by the government to keep prices stable, the same problem would be at
issue if marijuana production reached substantial levels.
inspected. Another alternative would be that all marijuana would be turned over to
government run dispensaries that would screen the marijuana for quality control purposes
and then in turn sell it throughout a set area. Those who bring their marijuana to these
centers to be screened would then be issued either credit for the amount brought in that
could be used to purchase marijuana from any authorized distributor or paid the cash
equivalent. Therefore it would not restrict those who would grow for personal use but
might still want to sell to others. However, this too seems like a major undertaking and
product and be subject to inspection to make sure the crop is of sufficient quality and
purity.
Though many of these questions can be dealt with in a fairly orderly fashion many
of these problems can only be solved by an actual trial at running a state or countrywide
Regardless of the initial problems that may arise from the legalization of
marijuana, I am convinced that over time these problems can be easily remedied.
Whatever perceived problems may arise, they are far outweighed by the good that can be