Although in the U.S. marijuana remains illegal under federal law, a number of states have legalized marijuana in some fashion. Sam Kamin, author of “The Battle of the Bulge: The Surprising Last Stand Against State Marijuana Legalization,” agreed to answer several questions from John Dinan, editor of Publius: The Journal of Federalism
, about recent developments in this area and the future of marijuana law reform in the U.S.
The post Marijuana legalization in the American states: recent developments and prospects appeared first on OUPblog.
By Marcello Pennacchio
Few plants have generated as much debate and controversy as cannabis (Cannabis sativa). Throughout the ages, it has been labelled both a dangerous drug and potent medicine. Where the former is concerned, law-enforcement agents and governments spend millions of dollars fighting what many consider to be a losing battle, while fortunes are being pocketed by those who sell it illegally. This is in spite of the fact that cannabis produces a number of natural pharmacologically-active substances, the medicinal potential of which were recognized thousands of years ago. Chinese Emperor, Shên Nung, for example, prescribed cannabis elixirs for a variety of illnesses as early as 3000 BC. It was equally prized as a medicine in other ancient civilisations, including India, Egypt, Assyria, Palestine, Judea and Rome and may have been instrumental in helping Ancient Greece’s Delphian Oracle during her divinations.
While its more common contemporary uses are mostly recreational, cannabis continues to enjoy widespread use as a medicine. It is smoked to ease glaucoma, to help with the degenerative loss of condition and body mass associated with diseases such as HIV/AIDS, and it helps to ease chronic pain in people suffering from terminal cancers and other debilitating illnesses. It has been used for treating malaria, gout, multiple sclerosis, eating disorders, promoting euphoria, as well as for dispelling grief and sorrow. A number of serious side effects have also been linked to its use, however. These include heart problems, immune system suppression, cancer, depression, reduced cognitive function and poor fetal development. It can lead to a variety of psychological problems, too, such as psychosis and schizophrenia, as well as to addiction to this and other drugs. Then there is the added danger of inhaling dangerous chemicals generated during the combustion of organic matter. Chief among these are carbon monoxide and polycyclic aromatic hydrocarbons.
With so many pros and cons, it’s easy to see why the issue of cannabis has so significantly polarized sentiment around the world. Those in favour of its use want it legalized, with perhaps its most vocal advocates being in San Francisco. This is where one of the world’s first universities dedicated solely to cannabis, is located. Founded in 2007 by Richard Lee, Oaksterdam University was inspired by a similar college in Amsterdam and has since spread to include campuses elsewhere in California and in Michigan. So passionate are its founders and students about cannabis that they have taken the debate of legalizing it all the way to California’s November 2, 2010, ballot, a move that has since made world headlines. Many had hoped a similar proposal in Florida, known as the Medical Marijuana Initiative, would have made it into that state’s ballot, too, but the petition failed to gather the 700, 000 signatures required for it to qualify. Florida’s four-year rolling petition system means, however, that it may qualify for the 2012 ballot.
Surprisingly, the push to legalize cannabis includes former judges, politicians and other high-profile people, many of who themselves don’t use cannabis (including this author). They believe that penalizing and incarcerating its users is far more detrimental to them than smoking its parts are. They further contend that legalizing and taxing cannabis would raise significant revenue for governments. It would also alleviate the enormous drain of cash reserves needed to police its illegal use and, in the process, eliminate the criminal syndicates that sell it. Furthermore, they claim it would ensure that the quality of the product meets stringent regulations.
These are all convincing arguments, but it is difficult for many of us to get around the fact that smoking cannabis, a
