Abstract

Critics of medicinal marijuana legalization argue that society cannot utilize the substance responsibly while avoiding the negative repercussions. This argument is comprised of an unusual number of contradicting research and significant assertions that reflect suggestions for the product’s legalization. With just a few jurisdictions legalizing the drug’s medicinal usage, the issue of whether the same tradition can spread to other states arises. The case, whether medical, political, or economic, comes down to governments’ ability to accept the legal use of medicinal marijuana. It seems that such a move would improve the quality of life and circumstances at many levels of society. As a result, all states should legalize medicinal marijuana.

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Introduction

Legalization of medicinal marijuana is one of the most contentious and passionately contested subjects in the United States and several other countries. According to the pro-marijuana camp, legalization would greatly benefit ill individuals who may benefit from its usage (Todd 116). However, strict drug enforcement authorities contend that legalization would cause more problems than it would solve (Shah et al. 1419). There is evidence of favorable effects of its legalization in other areas of the globe and a hint that places that have not yet legalized the substance might get various advantages. This occurrence demonstrates the necessity for universal marijuana legalization measures. They indicate that governments must establish ways to maximize the advantages of the drug while limiting its adverse effects. The bill would significantly assist states in securing the advantages of medicinal marijuana usage in all areas.

The Bill

The bill should make it legal to consume, buy, cultivate, and distribute marijuana for medicinal purposes. However, the possession of marijuana for recreational purposes should be strongly prohibited. Marijuana should be illegal to possess, consume, buy, sell, or cultivate for recreational reasons. Additionally, for a first violation, having less than four ounces would be a misdemeanor. Additional possession crimes would result in harsher penalties. An indefinite amount of usable marijuana may be purchased by a person with a qualifying condition. The proposal would also make marijuana sales and transportation prohibited in all circumstances other than those associated with state-licensed retail sales. Additionally, locals are allowed to grow up to six cannabis plants for personal use.

The location of cannabis dispensaries and other retail businesses that sell products derived from marijuana would be governed by the federal government. Additionally, because head shops exclusively sell paraphernalia, these places must not be confused for them. To expand the number of authorized businesses in each state, the cost of getting a dispensary license would be reduced. The laws regulating the use and sale of marijuana would also be stabilized to let individuals comply with federal laws in a lawful manner.

The problem

Cannabis has been exploited due to its numerous constituents’ potential medicinal and medical properties. Before it was rendered illegal in the United States, marijuana was used for various reasons, including as medicine, namely for stomach treatment (Caulkins 4). It was promoted as an over-the-counter medication for stomach pain and other gastrointestinal disorders but had further uses. At this time, the Food and Drug Administration Act did not outlaw cannabis. It allowed agricultural departments to develop safety rules for its usage (Hudak 32-34). Since the beginning of the twenty-first century, attitudes on the product’s therapeutic usage have changed dramatically. As seen in the United States and worldwide, it has transitioned from legal to unlawful and has been decriminalized in specific locations.

            Although the medical and ethical grounds for the legalization of medicinal marijuana are persuasive, the United States staunch anti-drug stance makes it hard to analyze the topic without addressing its legal ramifications (Caulkins 2). The legalization of marijuana for medicinal purposes affects multiple areas of law. First, and most obviously, there is criminal law. Due to its designation as a Schedule, I drug, the most severe categorization under the current federal framework, marijuana is tightly prohibited at the federal, state, and local levels (Evans 168). The rights of states to engage in rulemaking and to enact legislation contrary to well-established federal criminal law precedent are administrative law issues. Lastly, health legislation is relevant. Medical marijuana poses essential questions about the rights of physicians and patients (Marion & Hill, 37). The difficulties include medical liberty and professional negligence concerns such as patient abuse, over-prescribing by physicians for financial gain, and usage by non-patients, including secondhand consumption.

            Critics cite the risk of misunderstanding among law enforcement employees seeking to keep up with changing regulations and an increase in homelessness or teenage drug abuse. They also evaluate the probability of a drop in property values and several other difficulties as possible consequences of the legalization of medicinal marijuana (Todd 101, 113). Some oppose altering marijuana’s legal status because it would break the status quo. All of these issues diminish the likelihood that marijuana will be legalized nationwide soon. As a growing number of jurisdictions legalize marijuana use in various ways and as the economic benefits of a legal marijuana market become evident, there are compelling reasons to seek national legalization.

Solution

Despite significant opposition from opponents of the legalization of medicinal marijuana, the argument for the legalization of the substance remains strong. This nonetheless raises difficulties about the approach and method for legalizing marijuana on a nationwide scale. The United States and other countries interested in implementing a successful medical marijuana legalization process need look no farther than the 37 states that have approved its usage as of May 2022. This is not to overlook the success of therapeutic marijuana legalization programs in Canada and other countries. Page et al. note that Uruguay and Canada have legalized cannabis (131, 133). In 2019, Thailand became the first country in Southeast Asia to legalize medicinal cannabis and remove low-level cannabis and hemp extracts from its list of illegal narcotic drugs. Mexico is currently reviewing cannabis legalization legislation.

In addition, Colombia, Argentina, Peru, Ecuador, Thailand, the United States, Australia, New Zealand, Chile, Argentina, Peru, Ecuador, and the United States are discussing cannabis-related legal changes. According to Shah et al. (1419), it makes sense to implement a system comparable to those used in states and countries with practical programs. Colorado, which legalized marijuana in 2012, is the most recent example. A change to the legislation regarding the legalization and regulation of marijuana permitted people over the age of 21 to possess, consume, and grow a limited quantity of marijuana (Todd 118). This decision has helped favorably to the state’s economy while encouraging the population’s responsible use of the medication.

Additionally crucial is the FDA’s involvement in promoting the legalization of marijuana on a nationwide level. To ensure that categorization is secure from the risks that it poses to society, they should postpone it (Evans 165). Despite the government’s decision not to enforce its strict anti-drug laws against states that have legalized cannabis, many of these items are sold, marketed, or otherwise utilized in ways that make them medical medications for which FDA medicinal clearances have not been lawfully acquired (Lindblom 191). Furthermore, any state-legalized marijuana goods that were not medically prohibited would probably qualify as supplements, foods, cosmetics, or tobacco items that generally disregarded pertinent provisions of the Federal Food, Drug, and Cosmetic Act and FDA rules. In keeping with the current federal policy of tolerance, the FDA may utilize its existing powers to reduce the risks and negative effects of state cannabis legalization on public health without obstructing any state’s freedom to pursue its legalization policy goals. The FDA may improve the accuracy, deceitfulness, and safety of the labeling and marketing of cannabis products that are permitted in your state by carefully using its enforcement discretion (Evans 167). Additionally, the FDA might prohibit the sale of cannabis products that are state-legalized yet more harmful, addicting, or enticing to teenagers than cannabis products typically available on the illicit market. If the FDA adopted this approach, it would serve its public health objectives and protect the integrity of our federal systems for regulating medications, tobacco products, nutritional supplements, foods, and cosmetics. Both supporters and opponents of state cannabis legalization should embrace it since it would significantly lessen some of the worst and unneeded risks to public health presented by cannabis legalization. Creating regulated circumstances for the manufacturing and distribution of marijuana would go a long way toward increasing the medicinal use of the substance.

Concession: Benefits of Legalization of Medical Marijuana

Attitudes towards Cannabis have changed dramatically in recent years, with many people now supporting legalization. Opponents of this idea assert that there has been an increase in young people using marijuana. A strong inverse relationship between teenage risk perception and marijuana use has been shown by decades of data; as adolescent risk perception decreases, marijuana use rises. The bulk of the arguments used against marijuana are unsupported, unconfirmed anecdotal statements made by people who suffer from a variety of conditions (Lindblom 193, 195). We don’t know whether these people used marijuana before to being ill or if they are mixing it with other treatments. Also unclear are their recent medical assessments, if they are justifying their marijuana use, whether they are experiencing a placebo effect, or whether they are just high from smoking marijuana (Evans 164-166). With a prescription from a doctor, the main psychoactive ingredient in marijuana is already legally accessible in pharmaceutical pill form. There are presently more efficient substitutes, therefore Marinol is used less often owing to the possibility of negative effects.

Health Benefits. In controlled environments, such as those created by other nations and states, the positive impacts of the legalization of medicinal marijuana seem to substantially exceed the negative ones (Todd 101). Despite significant medical, legal, and moral reservations about marijuana usage, the legalization of marijuana might bring several advantages. Multiple clinical trials have proved the usefulness of marijuana in treating pain, neurological and mobility problems, nausea in cancer chemotherapy patients, AIDS-related hunger, weight loss, and glaucoma. By altering the brain’s pain perception circuitry, the cannabinoids in marijuana may reduce pain. This might be effective in treating chronic pain conditions such as arthritis and endometriosis (Leung 1511). In addition, it may alleviate the negative consequences of cancer therapy, such as appetite loss. In certain circumstances, it is believed that medicinal marijuana may replace the long-term use of potentially dangerous nonsteroidal anti-inflammatory drugs such as ibuprofen.

Cannabis Decreases Inflammation. This might be advantageous for inflammatory conditions such as Crohn’s disease, rheumatoid arthritis, and irritable bowel syndrome. Reducing inflammation in the body has the potential to enhance overall health. Legalizing marijuana will enhance the medical community’s ability to treat neurological and mental disorders. Physicians may prescribe marijuana to treat the following neurological and mental health issues because of its impact on the limbic system: Sleep management. Marijuana’s sedative effects may assist in treating sleep disorders such as insomnia (Todd 101). The pain-relieving effects of cannabis may also result in better sleep.

Economic Benefits. Economically, the legalization of marijuana may affect a state’s tax income. The legal distribution of cannabis in the United States is projected to generate $23 billion by 2025 (Todd 108). This dramatic change in regulation and use of marijuana in certain jurisdictions has pushed physicians to evaluate the safety and effectiveness of cannabis rigorously. In recent years, marijuana sales in Colorado and Washington have outperformed projections, resulting in significant tax revenues (Marion and Hill 12). In 2019, states gathered more significant tax income in the billions of dollars. Two years later, the total dollar income had more than doubled. In addition, as of 2021, six of the states that had legalized marijuana had not yet begun receiving tax revenue (National Academies of Science 378). If marijuana were to be legalized on a federal level, the economic benefits might be phenomenal.

Employment. Families can profit from the legalization of marijuana because it creates job possibilities and increases income. The initial step for states that support medical marijuana would be to develop marijuana nurseries and shops, according to Todd 118 (p.104). In addition to producing employment, this would pave the way for cannabis-related economic activities in specific locations (Marion and Hill 28). As the industry evolved, the economic effect became more evident in California and Nevada, where such infrastructure already existed. New Frontier predicts further the impacts of marijuana’s government legalization. Nationwide legalization might generate one million jobs by 2025. These jobs are anticipated to be produced by the rapidly developing industries that will sprout throughout the country (Leung 1513). Employees would be needed to grow, produce, distribute, and promote marijuana-based goods. Furthermore, ancillary sectors affiliated with legal cannabis but not directly engaged in its manufacturing and distribution would have significant employment opportunities (70, 78). This may include, among others, software developers, financial services, and construction companies.

Investment Opportunities. Medical marijuana legalization laws facilitate the formation and expansion of state investment possibilities. Local and national economies stand to gain substantially from marijuana legalization. The development might also help local and foreign investors secure their investment portfolios. As long as marijuana remains federally illegal, investors cannot profit from the expansion of the sector (Todd 117). Although investors can use over-the-counter exchanges, many of the most successful companies in the early legal cannabis sector are located in Canada and other countries. Should marijuana be legalized on a national scale, marijuana firms would be able to list their stocks on all U.S. exchanges, improving liquidity and offering access to a much broader investor pool. If the cannabis business continues to expand at the same pace as in the past, investors will likely take a keen interest in the industry.

While considering the economic advantages of legal marijuana, it is crucial to include both the money that may be saved and the income that could be made. Currently, federal marijuana enforcement costs several billion dollars every year. According to the National Academies of Science, enforcement costs would probably decrease according to the number of states that legalize cannabis (154). If marijuana were to be legalized on a nationwide basis, it is probable that these costs would reduce substantially. If marijuana were removed from the list of prohibited drugs, much fewer court cases involving the substance would continue to trial, resulting in fewer incarcerations and, thus, more significant cost savings (Todd 118-119). Medical cannabis consumers stand to benefit from the legalization of marijuana. Due to commoditization, the price of marijuana is expected to decline as more and more regions of the nation legalize it. Initially, this may not seem to be a beneficial outcome for total tax revenue or for marijuana firms wanting to maximize profits. However, those who use marijuana-based products for medicinal grounds would benefit substantially from price reductions.

            In retrospection, it would be dishonest to deny that marijuana has been used to alter the human mind for millennia. However, change of consciousness was not always seen adversely. Alcohol has been used to alter human cognition for thousands of years. At the dawn of the twentieth century, discourse began connecting marijuana usage with Mexican immigrants and African-Americans, leading to the designation of marijuana as a particularly deadly drug. Even though there is no such thing as a safe medication, it seems that marijuana is one of the least dangerous mind-altering substances accessible to humans. In Washington and Colorado, arrests for driving under the influence of alcohol or other drugs have reduced five years after legalization. In addition, accident rates in both states remain similar to crash rates in jurisdictions where marijuana remains banned. Emerging evidence indicates that the legalization of marijuana is associated with declines in opioid overdose mortality and untreated opioid use disorder. These decreases have intensified with time (Todd 118; Caulkins3). An examination of opioid overdose deaths in states and countries where the drug is allowed indicates a significant decline in overdose mortality.

Conclusion

It is high time that states that have not yet legalized marijuana for medicinal purposes do so. Marijuana is safer and less addictive than some easily accessible drugs, even though no drug is entirely risk-free. Additionally, it provides significant advantages for people and communities where substance use is permitted. Most states protest the federal government’s unfair designation of the drug. Like other countries and certain jurisdictions, the States may review their drug rules. Failure to do so results in continued spending to battle the use of a drug that is relatively safe. The state also loses out on the many advantages that legalization encourages.

Works Cited

Caulkins, Jonathan Paul, et al. Options and issues regarding marijuana legalization. Rand Corporation, 2015.

Evans, David G. “Marijuana legalization will cause many problems for Missouri law enforcement and schools.” Missouri Medicine 116.3 (2019): 164.

Hudak, John. Marijuana: A Short History. Washington, D.C.: Brookings Institution Press, 2016.

Leung, Janni, et al. “Prevalence and self-reported reasons of cannabis use for medical purposes in USA and Canada.” Psychopharmacology 239.5 (2022): 1509-1519.

Lindblom, Eric N. “How FDA Could Use Its Existing Authorities to Make State Legalization of Cannabis More Safe and Effective.” Food & Drug L.J. 74 (2019): 191.

Marion, Nancy E, and Joshua B. Hill. Marijuana 360: Differing Perspectives on Legalization. Lanham, Maryland: Rowman & Littlefield, 2019. Print

National Academies of Science.The Health Effects of Cannabis and Cannabinoids: The Current State of Evidence & Recommendations for Research. Washington, DC: The National Academies Press, 2017. Print.

Page, Robert L., et al. “Medical marijuana, recreational cannabis, and cardiovascular health: a scientific statement from the American Heart Association.” Circulation 142.10 (2020): e131-e152.

Shah, Anuj, et al. “Impact of medical marijuana legalization on opioid use, chronic opioid use, and high-risk opioid use.” Journal of General Internal Medicine 34.8 (2019): 1419-1426.

Todd, Tamar. “The benefits of marijuana legalization and regulation.” Berkeley J. Crim. L. 23 (2018): 99.