National marijuana legalization is the correct move for the country.
In the United States, marijuana, or cannabis, is classified as a Schedule I substance under the Controlled Substances Act (CSA) of 1970, alongside much harder substances like heroin and LSD.
This has been the status quo for decades, despite the fact that a body of mounting evidence and shifting societal attitudes call for a reassessment of marijuana’s classification. In this essay, we will explore the reasons why marijuana should be rescheduled under the Controlled Substances Act. Under the law, Schedule I drugs are strictly prohibited, including “the manufacture, distribution, dispensation, and possession” except for research and medical studies that the federal government approves. States have approved statutory and constitutional measures that not only decriminalize the use, production, and possession of marijuana but simply legalize these practices and behaviors in a clear demonstration of federalism at work. Voters in the states of Colorado and Washington chose to adopt recreational marijuana.
This means that federal and state policy clashes in multiple ways. It is a long-held precedent in the United States that federal law and regulations supersede state laws and regulations through the doctrine of constitutional supremacy. Specifically, the supremacy clause is found in the U.S. Constitution in Article VI, Clause 2. The clause outlines and establishes the superiority of federal law over the states in areas where such laws conflict. You’re probably asking why state governments are able to legalize and regulate cannabis through state-level commercial markets. Being that much of our audience is from outside of the United States, this requires a more basic analysis of the civics related to understanding the answer to these questions. The UCLA Law Review published an analysis of marijuana policy in 2014 promoting a solution to clashing state and federal laws in regard to marijuana legalization. This concept is referred to as “cooperative federalism.” Colloquially, this type of federalism is also referred to as “marble-cake federalism” which is used to describe a flexible relationship between federal and state governments to collaboratively achieve a variety of policy goals.
Laboratories of Democracy
Reforming marijuana laws is one such instance. Ever since the era of former President Barack Obama, when he referenced Justice Louis Brandeis of the U.S. Supreme Court, state-level legalization of marijuana has been viewed as progressive experiments in the “laboratories of democracy.” The term “laboratories of democracy” was coined by Justice Brandeis in 1932 to describe the concept of granting individual states within a country, like the United States, the opportunity to experiment with various policy initiatives and innovations. This approach treats each state government as a very unique laboratory where novel ideas, laws, and policies can be introduced and studied, with the outcomes providing insights for shaping national-level policies. This is the case for marijuana.
Paired with the marble-cake federalism, this position permits state- and federal-level governments to coordinate with respect to some of the eventual liberalization of substances like marijuana on a national level. It is necessary that state governments consider the policy recommendations and the contexts of the marijuana policy environment moving forward. The benefits of legalizing marijuana also contribute to the reformation of the country’s criminal justice system to be much more equitable.
The Controlled Substances Act of 1970 was an initial product of the war on drugs. Republican President Richard Nixon signed the CSA and a comprehensive package of drug abuse prevention and law enforcement enhancement laws in 1970. In 1971, Nixon went on to declare illegal drug abuse as “public enemy number one.” In that context, the already-racist over-policing of communities of color was further codified as the war on drugs advanced in ways that are considerably unconstitutional and anti-civil liberties. The “war on drugs” has also been criticized for its disproportionate impact on marginalized communities, leading to arguments that it has elements of systemic racism. Many of these arguments prove true given the well-documented racial disparities in policing, law enforcement actions, engagement, arrests, and incarceration.
Historically, aggressive law enforcement tactics that have been used during the war on drugs, including in efforts to counter marijuana use, have extremely detrimental impacts on people of color. These policies include stop-and-frisk, warrantless searches, and growing distrust and fear among over-policed communities.
Most people support legalization
Most U.S. states still prohibit marijuana for recreational use. But the national public perception is at a point where all levels of the government need to finally heed the views of the country’s voters and lawmakers. The vast majority of Americans support efforts to reform marijuana laws. In a recent column that I wrote for Vaping Post, Florida Attorney General Ashley Moody submitted a petition to the state Supreme Court asking for a proposed constitutional amendment that would legalize and regulate the open sale and cultivation of recreational marijuana to be blocked from the ballot in 2024’s general election. Moody, a far-right Republican, is going against the vast majority of Florida voters who support, to some degree, the legalization of marijuana for personal private use.
The University of North Florida Public Opinion Research Lab found in March 2023 that about 70 percent of Florida voters, strongly or somewhat, support marijuana legalization. This poll corresponds with national surveys from the past few years showing record support for recreational marijuana legalization across the whole country. A noteworthy survey of American voters includes a total of 86 percent in favor, per data from the Pew Research Center that was published in November 2022. There has been a gradual increase in the acceptance of marijuana use for both medicinal and recreational purposes. This change in attitudes is partly due to increased awareness and education about the potential benefits and relatively low risks associated with marijuana use compared to other substances. In a time of great disagreement in American politics, marijuana legalization has found equal support among people with different political views. It is the position of this author that doctors, medical professionals, and public health professionals should further advise lawmakers and regulators on how to properly regulate cannabis. Nothing would be greater for the United States than a dramatic, but widely supported, change in public policy like legalizing a substance for social, legal, and economic benefits that clearly outweigh the negative outcomes.
Either cannabis needs to be completely removed from the controlled substances list or else place alcohol on the list as a schedule one drug. Because let’s face reality: Alcohol is far more dangerous and deadly every single day than cannabis could ever become, and alcohol has no medicinal value whatsoever. The utter hypocrisy in alcohol being perfectly legal in every single state while cannabis is so overly scrutinized and demonized is truly illogical, irrational and astonishingly dishonest.
Cannabis consumers in all states deserve and demand equal rights and protections under our laws that are currently afforded to the drinkers of far more dangerous and deadly, yet perfectly legal, widely accepted, endlessly advertised and even glorified as an All-American pastime, alcohol.
Plain and simple!
Legalize Nationwide Federally Now!
It’s time for us, the majority of The People to take back control of our national cannabis policy. By voting OUT of office any and all politicians who very publicly and vocally admit to having an anti-cannabis, prohibitionist agenda! Time to vote’em all OUT of office. Period. Plain and simple.
Politicians who continue to demonize Cannabis, Corrupt Law Enforcement Officials who prefer to ruin people’s lives over Cannabis possession rather than solve real crimes who fund their departments toys and salaries with monies acquired through cannabis home raids, seizures and forfeitures, and so-called “Addiction Specialists” who make their income off of the judicial misfortunes of our citizens who choose cannabis, – Your actions go against The Will of The People and Your Days In Office Are Numbered! Find new careers before you don’t have one.
The People have spoken! Get on-board with Cannabis Legalization Nationwide or be left behind and find new careers. Your choice.
The “War on Cannabis” has been a complete and utter failure. It is the largest component of the broader yet equally unsuccessful “War on Drugs” that has cost our country over a trillion dollars.
Instead of The United States wasting Billions upon Billions more of our yearly tax dollars fighting a never ending “War on Cannabis”, lets generate Billions of dollars, and improve the deficit instead. Especially now, due to Covid-19. It’s a no brainer.
The Prohibition of Cannabis has also ruined the lives of many of our loved ones. In numbers greater than any other nation, our loved ones are being sent to jail and are being given permanent criminal records. Especially, if they happen to be of the “wrong” skin color or they happen to be from the “wrong” neighborhood. Which ruin their chances of employment for the rest of their lives, and for what reason?
Cannabis is much safer to consume than alcohol. Yet do we lock people up for choosing to drink?
Let’s end this hypocrisy now!
The government should never attempt to legislate morality by creating victim-less cannabis “crimes” because it simply does not work and costs the taxpayers a fortune.
Cannabis Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think and there is nothing they can do to stop it!
Legalize Nationwide! Support Each and Every Cannabis Legalization Initiative!