My ethical issue
with the legalization of marijuana is obvious, marijuana is a plant which grows
and occurs naturally. Despite the natural occurrence of marijuana, this plant
is currently defined as a “schedule 1 drug” (narcotic) vis a vie the United
States Drug Enforcement Agency. The
legal issue concerning marijuana is a direct contradiction, to a naturally
occurring process that produces an equally natural plant. I would also like to
assess, statistically, the disproportionate number of affected minority
individuals and communities for use and/or distribution of marijuana plants. The war on weed may be a well dressed war on
creativity and health; I will conclude based on my findings whether my
hypothesis is erroneous or not.
“Narcotic” as classified by The Drug
Enforcement Agency has “five schedules of narcotics and Schedule I drugs,
substances, or chemicals are defined as drugs with no currently accepted
medical use and a high potential for abuse. Schedule I drugs are the most
dangerous drugs of all the drug schedules with potentially severe psychological
or physical dependence. Some examples of Schedule I drugs are: heroin, lysergic
acid diethylamide (LSD), marijuana (cannabis),
3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.”
“Heroin
is an opiate drug that is synthesized from morphine, a naturally occurring
substance extracted from the seed pod of the Asian opium poppy plant. Heroin
usually appears as a white or brown powder or as a black sticky substance,
known as 'black tar heroin.'" (http://drugwarfacts.org/cms/Heroin)
LSD
is manufactured from lysergic acid which occurs naturally in the ergot fungus
that grows on wheat and rye. It is a Schedule I controlled substance, available
in liquid, powder, tablet (microdots), and capsule form. The liquid is often
applied to blotter paper squares (frequently with colorful designs), stickers,
sugar cubes, candy, or soda crackers. LSD is also available in dropper bottles
or in the form of gelatin sheets/shapes (window panes). (http://www.nhtsa.gov/people/injury/research/job185drugs/lysergic.htm)
Methaqualone
is considered a sedative hypnotic drug with a pattern of pharmacological
effects similar to those of barbiturates such as pentobarbital. It does have
chemical similarities to the barbiturates but was, in fact, synthesized as part
of an Indian program looking for antimalarial drugs (Brown and Goenechea,
1973).( http://www.ncbi.nlm.nih.gov/pubmed/3397524)
MDMA
(3,4-methylenedioxymethamphetamine) is an amphetamine analog with stimulant and
hallucinogenic effects. "MDMA acts primarily on neurons that produce and
release serotonin, but it also affects dopaminergic neurons. MDMA is usually
taken as a pill; effects begin 30 to 60 min after ingestion and typically last
4 to 6 h. MDMA is often used at dance clubs, concerts, and rave parties.( http://drugwarfacts.org/cms/Ecstasy)
Mescaline
is a hallucinogen obtained from a small, spineless cactus Peyote (Lophophora
williamsi). Mescaline is also found in certain members of the Fabaceae (bean
family). From earliest recorded time, peyote has been used by natives in
northern Mexico and the southwestern United States as a part of traditional
religious rites.( http://www.drugs.com/mescaline.html)
As
I review the origin of most of the schedule 1 drugs on the DEA’s list; I am
intrigued to learn that all except two of the drugs naturally occur. They are
either manufactured to produce the drug or the drug is pure in its’ original
form. All the drugs reportedly affect
the psyche of the user---I can hear my hypothesis’ curiosity piqued.
The
definition of schedule 1 drugs; by definition excludes marijuana from the list.
I failed to read the full USC code; however, marijuana has been proven to have
medicinal use. I would gather to say that just because the plants have traveled
from California to San Antonio, the use(s) could not be affected by geographic
positioning. It would seem a plausible conclusion that if marijuana served
medicinal purpose in one area for a patient; marijuana would be able to perform
the same duty in a different location for another suffering patient. It is ironic to me that the definition which
classifies marijuana as a narcotic is the exact same definition that
relinquishes marijuana from the schedule 1 list of drugs.
In
assessing the information via legal terminology----narcotic and drugs are
highly associated with chemicals and component combining to create
“substances”. Marijuana is grown from a seed, seed bearing is a sign of a
natural occurrence i.e., a seed is planted at conception; seeds are planted to
harvest fruit; seeds are an indicator of natural process.
The unnatural
number of minorities impacted by the illegal status of marijuana is evident by
the numbers. This unethical disparity that came out of the criminalization of
marijuana is hardly unnoticeable. “In 2008, the New York published a report
titled, "Marijuana Arrest Crusade: Racial Bias and Police Policy in New
York City - 1997 - 2007."
From 1977 - 1986,
33,000 possession arrests were made. Numbers declined to 30,000 from 1987 -
1996. However, from 1997 - 2006, they exploded to 353,000. Today, outside the
report's timeline, they number around 50,000 annually for simple possession of
small amounts. More on that below.
US Supreme Court
Justice William O. Douglas once said:
"As
nightfall does not come all at once, neither does oppression. In both
instances, there is a twilight when everything remains seemingly unchanged. And
it is in such twilight that we all must be aware of change in the air, however
slight, lest we become unwitting victims of the darkness."
In New York City,
Blacks and Hispanics are Exhibit A. They've been victimized by racist drug
enforcement, notably for cannabis possession. From 1997 - 2006, Blacks
comprised 52% of arrests, Hispanics another 31%. Whites accounted for 15%.
Those arrested
and jailed affected 185,000 Blacks, 110,000 Hispanics, but only 53,000 Whites
for minor possession offenses. Most were aged 26 or younger. About 91% were
males.
Under Mayor Rudy
Giuliani (January 1994 - December 2001), marijuana possession arrests exploded
10-fold. Under Mayor Michael Bloomberg (January 2002 - present), they're higher
than ever. At the same time, New York police provide little information. As a
result, few New Yorkers know their city conducts "a historically
unprecedented marijuana arrest crusade."
When we look into
this issue, I must beg the question…”is there any government that thrives
despite drugs?” In my research I find conclusive evidence that society,
government and drugs can peacefully and productively coexist. “Dutch drug
policy is unique in the whole world. It is directed by an idea that every human
being may decide about the matters of its own health. The Dutch consider this
rule as fundamental, accepting for example as the only country in the world,
the possibility of the controlled suicide (voluntary euthanasia), for
terminally ill patients. Another idea which guides Dutch laws in their drug
policy is a conviction that hiding social negative phenomena does not make them
to disappear - on the contrary makes them worse, because when concealed, they
become far more difficult to influence and control.
Applying these ideas
to their drug laws the Dutch try as much as possible to decriminalize
the use of drugs, making it a private matter of each individual, and
not a matter for the enforcement apparatus. Production, trading and stocking
drugs remain a criminal offence, as in any other country.
Many legal
systems all over the world do not punish people for the use of drugs, but for
their possession. So the citizens are sent to jail for having a joint, not for
smoking it. The Dutch see this distinction as purely formal. Statistics say
that almost half of the Americans openly admit to having smoked marijuana (even
if not always they admit inhaling it). So called war on drugs started by the US
President Richard Nixon in the 1970’s, resulted in the state employing
enormous, expensive organization enforcing strict drug policy and incarcerating
hundreds of thousands of its citizens, often for just minor offences. It also
made all drugs a forbidden fruit, which increases their attraction. On the
contrary, a theory that the consumption of cannabis may lead to the use of more
dangerous drugs (gateway theory), has yet to be confirmed by the scientific
research.
The Dutch see the
use of drugs as a health matter, similar to the use of tobacco
and alcohol, and in fact not very distant from problems of obesity, alcoholism
and tobacco smoking. They also point to the fact that prohibition of alcohol in
the US in the years 1919-1933 brought more negative effects of increased
criminality, than the positive social changes and had to be withdrawn.” (http://www.amsterdam.info/drugs/)
The
information presented here thus far is research, facts and idioms to illustrate
the ethical and legal (by definition) drawbacks of making marijuana illegal. My
personal conclusion; I am an avid student of sociology; traditionally and social
engineering. In studying sociology, I have been introduced to these ethical and
academic terms for thoughts/behaviors/stuff that should just be standard in
human interaction. For me, the education has simply removed the ability to be
taught, I state that to interject that I think an aspect of virtue ethics is
highly feasible in this dissertation. Marijuana is a plant that grows in nature
and has been used since 2700 BC. Prior
to Caucasians introduction to and self proclaimed regulation of, marijuana had
a place in cultural worlds; offering solace in a time of need, freedom of thought
to explore hidden places of the mind and finally simple pain relief, internal
or external. I would be remiss if I did
not say---this looks like another case of Caucasian disillusionment leading to
the disenfranchisement of a staple and a people. The jeapordization of anything
that assists in sustaining a people, especially sustenance which came from
Creation itself, whoever or whatever that is; should be abhorrent in the eyes
of the law and lawmakers. I personally have minimal acknowledgement for the
various aspects of ethics----for me, it only worsens with each dumbass
definition easily justifying the removal of my human rights. I give. All solutions point towards the
people being a better people via the legalization of marijuana, yet it is still
a crime and some entity profits every time an individual is arrested for
possession. It is definitely not me.
References
http://www.drugs.com/mescaline.html
