Author Of Marijuana Use And Criminal Sanctions example essay topic

1,618 words
The Smoke in the Air Marijuana is probably the most debatable plant in history. It has been around for millennia in various forms and uses. However, it's known mostly as a drug. In the Americas, its beginnings can be traced back almost 456 years when the Spanish first brought it with them in 1545 (Levinthal). Cannabis sativa or marijuana, as it's commonly known, is commercially valuable in the production of hemp rope, crude cloth, twine, shoes, sailcloth and containers (Levinthal, Kees e). Notably, marijuana can be also be utilized in the development of medicines to ease a number of modern-day aliments.

In ancient times, it was considered a cash crop. In the 20th century, however, marijuana is looked upon more as a narcotic than a plant that has commercial potential. The beginnings of marijuana's political life in American history can be traced as far back as 1915, when marijuana prohibition started on a local and statewide level, mainly owing to anti-Mexican sentiments (Bonnie 1). From 1932 to 1937, national consciousness of marijuana was brought about by anti-marijuana campaigns funded by the federal authorities in support of the Uniform Narcotic Drug Act (Bonnie 1). This resulted in the passage of the Marijuana Tax Act. From then on marijuana hysteria escalated.

The government enacted stiff penalties on most marijuana offenses, even simple possession (Bonnie 1). Marijuana possession became a felony in most states, until 1973, when Oregon became the first state to decriminalize marijuana. Since then the government has began to take a non-criminal approach towards discouraging marijuana use (Bonnie 1). Escalating marijuana consumption and its penetration in all levels of society, has forced every state to amend its penalties in some fashion or another (Bonnie 1). Today, Alaska, Arizona, California, Colorado, Nevada and Washington have joined Oregon by decriminalizing marijuana (Central News Network). Those opposed to marijuana in the past have met fierce resistance from advocates for its decriminalization.

The debate is rapidly becoming political. Marijuana's significance as a medicine is no longer an issue. The issue at present is whether or not the sanctions against marijuana are socially and economically viable to keep in place. As put by Richard J. Bonnie, author of Marijuana Use and Criminal Sanctions, 'legislators must somehow 'weigh' the 'benefits' of criminal sanctions against their 'costs' (16). Marijuana should be decriminalized in order to minimize the social, legal, and economical repercussions suffered by the American public. Marijuana sanctions are affecting the American public in three ways.

First, the government resources consumed in the enforcement of marijuana laws are immense and rising. Recent statistics show that during the past sixty years marijuana users have increased from a mere handful, in the 1930's and 1940's, to nearly 70 million today (Marijuana Prohibition 1937-1997). This proves that marijuana is being consumed despite the legal penalties. Secondly, these statistics suggest an open defiance of American laws and regulations. The institution of American justice is being dishonored by this open disrespect for a policy that is being plainly ignored. Finally, the injustice, loss of freedom and the disgrace of being charged with and / or convicted of a criminal felony can greatly affect a person's life.

Marijuana prohibition is consuming valuable government and state funds, as well as vital law enforcement resources. The latest statistics reveal that the federal government spends an average of $15.7 billion annually on the war against drugs (Ongoing Briefing). In addition to this, state and local governments spend close to 16 billion dollars per year enforcing drug laws (Ongoing Briefing). According to the Ongoing Briefing, a newsletter published by the National Organization for the Reform of Marijuana Laws, at least 40 percent of the total $31.7 billion annual costs are related to marijuana prohibition. The war against drugs is also costing the criminal justice department precious man-hours. In 1996, 1.5 million arrests were made on drug related charges.

642,000 of these arrests were marijuana related (Ongoing Briefing). This computes to about 1758 people arrested for marijuana offences a day. These impressive numbers reveal two facts. First, every marijuana arrest takes two policemen off the streets, making them less safe. Second, It requires several hours to prepare the paper work and process the defendant. Assume that all 642,000 arrests were simple cases of marijuana possession not requiring any prior use of police time, and taking no more than two hours to process.

Even then marijuana prohibition is costing law enforcement agencies a minimum of 2,568,000 man-hours annually (Ongoing Briefing). By decriminalizing marijuana, the government can save the taxpayer up to $12.68 billion in law enforcement funds alone. Also the criminal justice department can get up to 2,568,000 man-hours, which can be put to better use (Ongoing Briefing). Marijuana sanctions are having a devastating effect on law as an institution.

Marijuana was outlawed for a number of reasons, mostly because it was thought to lead to criminal behavior and harsher drugs (Bonnie 22). Since then, the myths concerning marijuana have been dispelled (Marijuana Health Myths). If a law is to be obeyed, the majority of the populace must observe it. However marijuana users have increased from a handful to nearly 70 million today suggesting that the marijuana laws are continually violated (Marijuana Prohibition 1937-1997). For a law to effective, it must reduce the number of violators who have to be arrested.

Nevertheless marijuana arrests have swelled from 19,000, in 1965, to 682,885 in 1998 (Marijuana Prohibition 1937-1997, The War Against Marijuana Intensifies). Public opinion polls show that 25 percent of the people support the use of a small fine as the maximum penalty for marijuana possession, and another 25 percent oppose marijuana criminalization altogether (Bonnie 32). The number of marijuana users have risen despite the strictly enforced laws and stiff penalties suggesting defiance for a failed policy, and disrespect for the institution of law: "Criminal justice simply cannot be achieved when conviction of a crime is perceived to be a injustice not only by the defendant but by large segments of the public [... ]" (Bonnie 32). Contrary to popular belief, most marijuana users are law-abiding citizens. Like the majority of Americans, they pay taxes and work hard to support their families (War Against Marijuana Intensifies).

They are respectable members of the society. Their only offense is that they enjoy marijuana as a recreational drug. Since 1937, the government has levied strict penalties on marijuana offences to deter its use. The policy has backfired since marijuana users have increased.

As a result, the unsuccessful policy is causing serious social, fiscal and legal consequences to individual users. Those who are arrested but are not convicted, nevertheless have an arrest record. Those who are convicted can be fined, on average, between $1000 and $2000, and can get up to a year in prison just for simple possession (Roff man). Convicted, individuals can face possible loss or suspension of, or ineligibility of professional licenses and / or occupational licenses (Bonnie 30). Furthermore, they are at a risk of losing their government jobs, or can be declared ineligible if they are applying to one (Bonnie 30). Moreover, many employers will not even consider hiring an applicant with a prior criminal record.

The stigma of a criminal conviction for a non-violent crime can seriously effect an individual's life. Marijuana and laws regarding its use should be given serious thought. Marijuana is not as harmful as declared by those against it. Nor is it as harmless as proclaimed by its advocates.

Marijuana can be addictive and injurious to one's health if taken over a prolonged period of time. Marijuana can kill if consumed in large doses. In addition, it contains THD, a compound that produces psychotic hallucinations. People under the influence of marijuana show incoordination and impaired ability to perform skilled tasks.

In many ways, marijuana is no different from alcohol other that the fact that alcohol is legal. Decriminalization of marijuana can have many benefits. It can save the government millions of dollars, and can save law enforcement agencies thousands of precious man-hours, both of which can be put to better use. Marijuana decriminalization will stop the unfair prosecution and harsh conviction of marijuana users. Moreover, the institution of justice will not have its laws violated on a regular basis by a large amount of the population.

Marijuana laws were enacted in a time when marijuana hysteria was high, and knowledge about it was minimum. Since 1937, much more is known about marijuana, and all the myths about it have been dispelled. The government should rethink and change marijuana laws to reflect the thinking of today's people, the very same people that the marijuana laws were enacted to protect. Work Cited Page Bonnie, Richard J. Marijuana Use and Criminal Sanctions. Charlottesville: Michie Company, 1980"Federal Report Re ignites medical Marijuana Debate". Central News Network.

17 Apr. 2001 web Charles F. "The History and Effects of Marijuana". 5 Apr. 2001 web "Marijuana Arrests for 1996 Most in Nation's History". Ongoing Briefing Oct. 1994: 1-3"Marijuana Health Myths". National Organization for the Reform of Marijuana Laws. 16 Apr. 2001 web "Marijuana Prohibition 1937-1997". National Organization for Reform of Marijuana Laws.

8 Apr. 2001 web Roger A. Marijuana as Medicine. Seattle: Madrona, 1980.