Executive Summary
Our team’s purpose in writing this report is to educate others on the topic of Marijuana; specifically the history, the medical and financial benefits, and laws regarding state and federal jurisdiction of the drug. The information used for our research came from reliable sources such as news articles from U.S. News and CNBC, Harvard Medical School Dr. Peter Grinspoon, and news outlet sources such as business insiders and the morning consult.
- Starting in the 1930s, and resurging in the 1970s, the criminalization and strict enforcement of the illegality of marijuana have been skewed and propagandized to allow the government to arrest certain groups and cultures of people.
- Marijuana has many positive effects on our body, whether it be physically or cognitively. Many studies have shown that the use of marijuana can relieve pain and reduce stress, along with many other symptoms. While it is still considered a Schedule 1 drug, marijuana could potentially change the world of medicine with all the benefits it has to offer.
- Financially, marijuana has benefited many states by allowing them to place taxes on medical and recreational usage. By legalizing marijuana in these states, the opportunity for more jobs has expanded.
- Marijuana is regulated by the Federal Government as a schedule 1 drug, but the powers of Federalism give States jurisdiction to define their own marijuana laws within their borders. Many Americans, including respected political leaders, push to decriminalize marijuana on the federal level to leave power to the states.
In conclusion, Marijuana in general has a positive impact on the general public's lives. Despite smear campaigns and criminalization, Marijuana has been found to have both financial and medical benefits. Certain states have chosen to legalize the drug, and are better off for it.
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Introduction
Our team chose the topic of Marijuana to inform and educate individuals on the history of marijuana, the ultimate financial and health benefits of medical marijuana, and the debate between state and federal governments carrying jurisdiction over the laws. Our group decided to tackle this topic because of its current cultural importance since it is very controversial and at the forefront of current news. Our sources for this report include material from Harvard Medical doctors, credible news outlet sources such as Business Insider, and newspaper articles from CNBC and U.S. News. In this report, we will provide information on medical marijuana, including:
- Why Marijuana was Criminalized
- Marijuana’s effect on the human body
- The financial benefits of Medical Marijuana
- State vs Federal Law
Background
We chose to do our report on medical marijuana in order to exhibit the cultural dispute over such a drug. Our report will cover the legal laws and regulations of marijuana and why only certain states have chosen to legalize it. Today, laws on marijuana use are debated, which brings rise to the issue of whether laws should stem from state jurisdiction or federal jurisdiction.
It is important to understand that the DEA still classifies marijuana as a Schedule 1 Drug, yet the use of marijuana for medicinal purposes has positively impacted the lives of many Americans. Marijuana has many proven benefits for the human body, as well as financially for the economy.
Historically, the issue of legalizing marijuana has been a very polarizing and important topic of discussion in society. With all the misinformation from both sides of the argument, it is important to understand the facts and be able to make an informed decision about the legalization of medical marijuana.
Findings
Why Marijuana was Criminalized
Marijuana has been around for centuries in various forms. As stated by Becky Little for history.com, Anglo-Americans and certain European countries have known of and been using marijuana in the medical field since the 1830s (Little 2019). Despite the plant and extracts being around for thousands of years, Americans have had mixed views on the legal status of the plant. A majority of this started around the 1930s when Harry Anslinger of the Federal Bureau of Narcotics ran a fear-mongering campaign against the drug because it was associated heavily with Mexican immigrants (Booth 2003). This gave the general public another reason to not only keep holding prejudices against Mexican immigrants but also give the Federal Bureau of Narcotics a new drug to combat, thus increasing their funding.
According to Little for history.com, it was reported that police officers in Texas stated that smoking Marijuana led Mexican immigrants to thirst for white blood, as well as acquire superhuman strength (Little 2019). This was just a way to strengthen prejudices against Mexican immigrants, and Marijuana was caught up in the crossfire.
As time progressed, the fear of Marijuana evolved from just Mexican immigrants to the war on drugs. Marijuana was the first illegal drug to have minimum sentence laws placed on it, mostly as a way to justify placing larger sentences on people of color. Essentially, the criminalization of marijuana has its roots in racism.
In the 1970s, Marijuana was recommended to be decriminalized, as it was proven not to cause insanity or any of the other false claims that Anslinger and the Federal Bureau of Narcotics pushed in the 30’s. Even though the US government knew these claims were false, they continued the war on drugs and the war against Marijuana.
The reason that Marijuana was still illegal during the 1970s wasn’t the drug itself, but rather the ability to incarcerate those who used it. Primarily, Marijuana was used by “hippies” at that time, a group known for being against the war. So while the government couldn’t make it illegal to be against the war, they could crack down on Marijuana users, who were notorious for being peace-loving, war-hating hippies.
As for how this relates to today, even though Caucasians and people of color both use nearly the same amount of Marijuana, people of color are far more likely to be incarcerated for Marijuana possession or usage. Marijuana was criminalized to help reaffirm racist prejudice and unfortunately is still criminalized today for similar reasons.
While some states are decriminalizing marijuana and legalizing medical marijuana, it is creating tension between state governments and the federal government. The benefits of marijuana have been explored for millennia, and new technology is leading us to a better understanding of marijuana, as well as the decriminalization of the drug.
Marijuana’s Effect on the Human Body
As the world becomes more and more advanced, it is beneficial to understand how marijuana can play a huge role in uncovering new ways to treat many physical and mental illnesses. According to the Drug Enforcement Agency, “marijuana is classified as a schedule 1 drug that has no accepted medical use” (Welsh 2015). However, many people disagree and believe that marijuana can be applicable in all areas of the medical field.
Researchers have found that marijuana is composed of numerous active compounds, and of those, at least two active ingredients can be utilized for medicinal purposes. Cannabidiol (CBD) is responsible for the high that the brain experiences and Tetrahydrocannabinol (THC) are responsible for providing pain relief for the body.
Studies have shown that Cannabidiol (CBD) decreases seizures by interacting with the brain cells. Other studies have shown that CBD may prevent cancer cells from spreading throughout the body by turning off a specific gene. This has not yet been tested on actual cancer patients but has the potential to change the lives of many if and when marijuana is legalized across all 50 states.
The body experiences many physical aches and pains. Using marijuana helps tone down the symptoms your body may be undergoing. The most well-known example of this is seen in patients going through chemotherapy. Taking marijuana helps alleviate the symptoms such as nausea and vomiting, while also encouraging them to eat. Another example is it helps reduce tremors and improves sleep for people suffering from Parkinson’s disease. People with Parkinson’s have extreme difficulty with fine motor skills, but those skills improve with the consumption of marijuana.
Along with physical aches and pains, people also suffer from psychological illnesses such as Post-Traumatic Stress Disorder (PTSD) and Anxiety. PTSD is very common among individuals who are veterans. They come back with a rational fear and anxiety that can overtake them. That is why the use of marijuana is necessary for these veterans so that their brain synapses can be regulated. Marijuana has already been approved to help treat people suffering from PTSD in many states. Of those states, New Mexico allows anyone with PTSD to have a licensed medical marijuana card.
Overall, marijuana is a drug with a positive outlook when it comes to medicinal purposes. It can be utilized in many different components to improve our overall understanding of the effects it has on the body. Although it is still considered a Schedule 1 drug, it has the potential to change the world of medicine.
The Financial Benefits of Medical Marijuana
Solely based on the financial benefits of medical marijuana, more than half of the states in the United States have enacted some sort of medical marijuana law. As eleven other states have legalized certain strains of marijuana for recreational purposes.
Colorado and Washington are the two main states that have encountered many economical benefits from legalizing medical and recreational marijuana. In 2015, Colorado collected more than $135 million in taxes and fees (Krishna 2019) just on medical and recreational marijuana. As for the sales in Colorado, they totaled over about $996 million dollars. (Par 3 Investopedia) Researchers from the Colorado State University-Pueblo’s Institute of Cannabis Research found out that the legal cannabis industry has contributed $58 million to the local economy, through taxes and fees. (Krishna 2019)
Setting up marijuana nurseries and dispensaries, will help create jobs for people but it will also set the ball movement for economic activity. For instance, an RGC economics and marijuana policy group did a study on Nevada. Legalizing recreational marijuana in the state of Nevada it could support over 41,000 jobs by 2024 and have over $1.7 billion in labor income. As the new frontier report predicts that by the year 2025 there will be 1.1 million jobs. ( Par 5 Investopedia)
Investments are another financial benefit of medical marijuana. It could help create many connections between investors because of how much money they would invest in marijuana stocks. Countries such as Canada have had very much success in this investment.
Last but not least when it comes to medical or recreational marijuana the way the states can keep track of how much is being sold is through taxes. Even though some states do not tax medical marijuana they do however tax recreational marijuana. At rates such as 15%,17%, or 37% (Par 8 cannabis media) with these taxes states are able to fund community programs, education, and law enforcement.
State vs. Federal Law
Although marijuana is regulated by federal laws, States have the ability to enforce their own laws regarding the drug. Federally, the Drug Enforcement Agency classifies marijuana as a schedule 1 drug. As a schedule 1 drug, marijuana is deemed highly abusive and has no currently accepted medical use. This indicates that marijuana can be prosecuted by federal law. Which is highly controversial, considering that the vast majority of states have legalized it medicinally.
A new national survey has shown that the majority believe that individual states should regulate marijuana usage. A piece written by Joanna Piacenza, from the Morning Consult, indicates that 56% of U.S. adults say states should be in charge of regulating marijuana, while 26% say the federal government should be responsible, and the following 18% express no opinion. As of now, the use of marijuana medically can be seen more frequently. Even though the drug is federally illegal, 21 states have permitted medical usage while 11 states allow recreational use. Experts say that states will continue to regulate the usage of marijuana in an accelerated fashion regardless of what federal law states.
In attempts to decriminalize the drug, political leaders have proposed bills to confront the issue between state and federal law. Senator Elizabeth Warren, a Democrat from Massachusetts, introduced a bipartisan bill S. 3032, in June, which would give states the right to handle marijuana within state lines. Warren’s Strengthening the Tenth Amendment Through Entrusting States Act (STATES Act) was presented in the 115th Congress and would amend the Controlled Substance Act of 1970. It would remove any provisions that could create conflict between state and federal governments. The bill would still regulate the distribution and sale to anyone under the age of 21 and would also keep the standing prohibition on the distribution at transport facilities. Acting President, Trump, has expressed to reporters that he would ‘probably’ support this bill.
In other efforts to legalize marijuana, House Judiciary Committee Chairman Jerry Nadler alongside Democratic Senator Kamala Harris introduced legislation to decriminalize marijuana at the federal level. The Marijuana Opportunity Reinvestment Act (MORE Act) presented in the 116th Congress, “would remove marijuana from the Controlled Substance Act, decriminalizing the drug and allowing states to write their own policies” (LaVito, 2019). There has been a strong Democratic push toward the reformation of marijuana laws. Even if the MORE passes in the democratically controlled house, it will likely have more difficulty in the Republican-Controlled Senate.
Federalism ultimately divides the powers of the National Government and the State Government. State laws are regulated within their borders, and the federal government's concern is with national and international issues. Therefore, by law, states have the power to institute their own laws regarding marijuana. As states continue to enact marijuana laws the federal power over the drug starts to dissipate. Out of the 50 states 47, they have laws permitting some form of marijuana or marijuana-based products (Hansen, 2019a). So by the time marijuana is decriminalized on the federal level, states will have already fully legalized it.
Conclusions and Recommendations
Based on our team’s findings we can conclude that Marijuana has positively impacted the lives of many Americans financially as well as medically, and therefore should be decriminalized as a schedule 1 drug. More specifically:
- The criminalization of marijuana is rooted in racist prejudice. Starting in the 1930s, and resurging in the 1970s, the criminalization and strict enforcement of the illegality of marijuana have been skewed and propagandized to allow the government to arrest certain groups and cultures of people. Mainly minorities and people of color have been affected by the criminalization of marijuana, and though it was once legal and somewhat commonly used in the United States, the war on drugs really misconstrued the general population’s opinion on marijuana.
- The use of medical marijuana is arising in many states, however, some people still do not accept that it is beneficial to our well-being. Marijuana has many positive effects on our body, whether it be physically or cognitively. Many studies have shown that the use of marijuana can relieve pain and reduce stress, along with many other things. While it is still considered a Schedule 1 drug, marijuana could potentially change the world of medicine with all the benefits it has to offer.
- Financially, marijuana has benefited many states by allowing them to place taxes on medical and recreational usage. Specifically in Colorado and Washington, marijuana usage has shown to be prosperous for the economy. By legalizing marijuana the opportunity for more jobs has expanded.
- Although marijuana is regulated by the federal government as a schedule 1 drug, the powers of federalism, give states jurisdiction to define their own marijuana laws within their borders. Many Americans, including respected political leaders, believe that decriminalizing marijuana would remove conflicts between governments. As of now, the majority of U.S. States have passed laws legalizing marijuana in some fashion.
Based on our team’s conclusion we recommend that individuals further educate themselves on the overall aspects of marijuana usage. Recognizing the importance of marijuana medically and economically can shift public opinion to a more positive light. By understanding that marijuana is a drug based on racial prejudice, decriminalizing the drug has the possibility to assist in repairing relations between cultures in the US.
References
- Booth, M. (2003). Cannabis: A History. New York, NY: Thomas Dunne Books/St. Martin's Press.
- Grinspoon, P. (2019, June 25). Medical Marijuana. In Harvard Health Publishing. Retrieved November 7, 2019, from https://www.health.harvard.edu/blog/medical-marijuana-2018011513085
- Gunelius, S. (2018, November 13). The Economic Impact of Marijuana. In Cannabiz Media. Retrieved November 8, 2019, from https://cannabiz.media/the-economic-impact-of-marijuana/
- Hansen, C. (2019a, April 4). Bipartisan Bill Would Give States Control Over Marijuana Laws. In U.S. News. Retrieved November 7, 2019, from https://www.usnews.com/news/national-news/articles/2019-04-04/bipartisan-bill-would-give-states-control-over-marjuana-legalization
- Hansen, C. (2019b, July 29). Where is Marijuana Legal? A Guide to Marijuana Legalization. In U.S. News. Retrieved November 7, 2019, from https://www.usnews.com/news/best-states/articles/where-is-marijuana-legal-a-guide-to-marijuana-legalization
- Krishna, M. (2019, June 25). The Economic Benefits of Legalizing Weed. In Investopedia. Retrieved November 7, 2019, from https://www.investopedia.com/articles/insights/110916/economic-benefits-legalizing-weed.asp
- LaVito, A. (2019, July 23). Nadler, Harris to introduce bill decriminalizing pot, expunge marijuana convictions. In CNBC. Retrieved November 7, 2019, from https://www.cnbc.com/2019/07/22/nadler-harris-to-introduce-bill-decriminalizing-pot-expunge-prior-convictions.html
- Little, B. (2018, August 31). Why the US Made Marijuana Illegal. In History. Retrieved November 8, 2019, from https://www.history.com/news/why-the-u-s-made-marijuana-illegal
- Piacenza, J. (2018, July 20). Who Should Regulate Marijuana? Most Say States Over the Federal Government. In Morning Consult. Retrieved November 7, 2019, from https://morningconsult.com/2018/07/20/who-should-regulate-marijuana-most-say-states-over-federal-government/
- Welsh, J., & Loria, K. (2015, April 20). Facts on Marijuana and Health. In Business Insider. Retrieved November 7, 2019, from https://www.businessinsider.com/facts-on-marijuana-and-health-2015-4
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