Laws regulating cannabis are laws regulating the body

In honor of 4/20, here is a paper I published a couple years ago in my school paper on the science of marijuana consumption. And here’s a few interesting facts about the drug:

  • sea squirts were the first organisms to develop cannabinoid receptors
  • when Tupac Shakur was cremated, members of his musical group Outlawz combined his ashes with marijuana and smoked him
  • the first ever sale on the internet was a small bag of marijuana
  • Carl Sagan, writing under a pseudonym, once wrote an article outlining what he saw as the beneficial effects of smoking it

Combing through the history of drug criminalization in America, it is clear that much of the law arose in response to national or state crises. It’s very obviously too simplistic to say, these drugs became illegal because they are dangerous; it’s also disingenuous to claim criminalization occurs simply to oppress or discriminate against certain groups of people (although, certainly, racism played a role in several criminalization campaigns, definitely including marijuana’s). The attitude has changed toward recreational weed: people think it should be legal because it’s safe and has legitimate medical benefits (instantly making its Schedule I status ridiculous). These things are true, but when progressives rest their drug legalization case on these mild criteria they weaken the case for more dramatic legislation which could produce effects far more progressive. Marijuana should be legal because laws which regulate it are laws which regulate the human body, in ways that only effect the user. The case for legalization is a case for freedom and autonomy, and from it follows the lifting of prohibitions on ketamine, opioids, barbiturates, benzodiazepines, methamphetamine, heroin, lysergic acid diethylamide, psilocybin, ecstasy,cocaine, etc. The economic argument for drug decriminalization is clear; the legal argument (like the iron law of prohibition) is clear; the moral argument is deontological and follows from much of the spirit of new political voices that wonder about government’s role in regulating the body.

The argument, often given by marijuana consumers, that it should be illegal because, were it to become legal, small businesses would get wiped out by larger conglomerates, and lower quality weed would get produced, is partially false and wholly single-minded. Most of the people that get jail time for weed are busted only for possession, not distribution; some people have been charged with life imprisonment for minor acts of growing — some of them retired veterans dealing with mental health issues. Focusing on how potent the weed would be if decriminalized is focusing only on how we, free individuals, will make out; it leaves these people in prison for a minor bump in hedonism. Further, cannabis’ potency has soared over the years since its initial popularity (in truth, a consequence of prohibition). It’s unlikely that it would start to de-escalate, as demand is so high. And weed is available in a multitude of forms now: the experimentation could only grow with laxer drug laws. Also, small businesses are often the ones hardest hit by regulation of products. The massive cartels will suffer most by drying up the black market, and then individuals who want relatively harmless drugs like marijuana can avoid entering a seedy underground (where they are exposed to far worse ails) to obtain it.

Prohibitionists also claim to be concerned about the children: with weed legal, won’t younger people start doing it? Again, the case for drug legalization is a case for autonomy, so this argument is misguided anyway, but to answer it — the best research from Colorado after recreational legalization (see Reason) suggests no statistically significant fluctuation in youth use. Marijuana is already immensely popular with young people; it can’t get much more in-fashion. Also, the recreational measures being introduced propose 21 as a purchase age: if kids are obtaining the drug from their neighborhood dealer now, the new laws would only direct them to buying from older, and probably more responsible people.

Most of the arguments point to decriminalizing weed, and not just because it’s safe and has medical benefits. These arguments also justify the extension of similar opinion to “hard drugs.”

For a more just criminal justice system, and a more free society … legalize it.

Happy 4/20. (And no, by the way, I don’t smoke.)

Advertisements

3 thoughts on “Laws regulating cannabis are laws regulating the body

  1. If the Liberal Party can stay on track recreational marijuana will be legal next July 1….just in time for Canada day.

  2. “If kids are obtaining the drug from their neighborhood dealer now, the new laws would only direct them to buying from older, and probably more responsibile people.”

    On the face of it, I’d say “no.” But with a slight tweak I’d say your on to something. Liberalization means kids are more likely to buy from an older sibling instead of a dealer. The sibling almost certainly feels more responsibility for the kid. In other words, a legal age restriction on recreational drugs will be somewhat porous but filtered through social capital structures.

Please keep it civil

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s