Legality of marijuana is a threat or bliss?
Author of this article is a law student from FIMT, New Delhi
“Why marijuana is against the law?
It grows naturally upon our planet. Doesn’t the idea of making nature against
the law seem to you a bit …...unnatural?”
-By Bill
Hicks
The outgoing debate on the process
of law making is sometimes in contrary to the public policy that has been the
major issue of discussion in order to improve the prevailing laws in the society.
Cannabis is not like other drugs which can be of a real danger to the number of
people. Naturally grown plant cannot be illegal to use as per the majority of
people all over the world. Study shows that the addiction capacity for cannabis
is less than the other drugs and alcohol. For alcohol it has a higher incidence
of addiction that is 16% as compared to cannabis which have only 9%.
Illegality of marijuana in different
countries doesn’t have change the criminal scenario. Same rate of crime has
been noted even after being legalized and this rate is kept on increasing day
by day.
Mexico became the first country for
legalizing the use of marijuana. The crime rate in respect of decriminalizing
the use of marijuana was first increased and then it goes on decreasing at a
rapid rate.
The question arises that on
legalizing the use of marijuana in a country for the purpose of medicinal use,
commercial use or for the purpose of individual consumption can lead to the
increase of threat related to the rate of crime committed? But what comes to
the knowledge was that after doing the comparison between different countries,
crime rate of having post effect of decriminalizing the use of marijuana was
comparatively low from those countries which are still having the law of using
marijuana is illegal.
Is there going
to be any difference to the governments’ revenue on legalizing it?
On legalizing the use of marijuana
there will be ultimate benefits to the government and to the consumers as well.
Colorado and Mexico have earned the profit of at least 40% on tax revenues in
comparison to the other countries where the use of marijuana is illegal. The
government can earn a lot of profit by putting the higher rate of tax on
marijuana after making its use legal like alcohol and cigarettes.
The early few years of Colorado were
not gone well in respect of the removal of ban from the use of marijuana for
the recreational purposes. After two to three years later the country
eventually start yielding a good profit in the form of increased tax revenues.
Moreover the crime rate has eventually fallen down as per the reports shows
that the crime noted in since past few years were not related to the effect of
after consumption of the marijuana. Robbery, house trespassing, murders, etc.
were committed due to the consumption of other variety of drugs and alcohol
like opium in high quantity, laboratory prepared meth, heroin, cocaine, etc.
and some synthetic drugs like barbiturates and amphetamines.
On legalization of marijuana the
other countries will definitely feel a massive reduction in smuggling
activities of the black market across the globe and outside the boundaries of
one country to the boundaries of other country. Reduction in criminal acts have
already been noticed in some of the countries who uses marijuana for
recreational purpose and have made the law in such a way that make the
marijuana to be get used for the medicinal purposes also. The control on
criminal activities will be the best outcome on legalizing the use of marijuana
in some of the states of Unites States of America.
Do you
know the use of marijuana in India was legal initially?
Cannabis have been used for the
purpose of selling, growing and purchasing during the early times but then
after calculating the rate of addiction among the people and harm that were
caused to the large consumption of marijuana leads to the British government to
impose tax on it in order to control its consumption in large amount and to
protect the people from getting ill. In 1894, the British Indian government
completed a wide ranging study of cannabis in India. The Reports’ finding
stated:
“Viewing
the subject generally, it may be added that the moderate use of these drugs is
the rule, and that the moderate use of these drugs is the rule, and that the
excessive use is comparatively exceptional. The moderate use practically no ill
effects. In all but the most exceptional cases, the injury from habitual
moderate use is not appreciable. The excessive use may certainly be accepted as
very injurious, though it must be admitted that in many excessive consumers the
injury is not clearly marked. The injury done by the excessive use is however;
the effect on society is rarely appreciable. It has been the most striking
feature in this inquiry to find how little the effects of hemp drugs have
obtruded themselves on observation.”[1]
Later on during 60s’ i.e. in 1961
international treaty was signed that was Single Convention on Narcotics Drugs
that classified cannabis with hard drugs. After some negotiations between the
countries and pressure from U.S.A, the Indian government promised to limit the
export of Indian hemp which followed by the introduction of new Act that was
NDPS Act, 1985 which banned the production and sale of cannabis resin and
flowers, but permitted the use of the leaves and seeds, allowing the stats to
regulate the latter.[2]
Why there
is a ban on cannabis but not on alcohol? Is it correct?
There is always a question arises
that if the use of alcohol is legal then why not of marijuana. The various
studies show that consumption of alcohol is more hazardous for the health of
the people in comparison to the cannabis except the smoking form of marijuana.
Some statistics reveal that over 80,000 die annually from alcohol related
incidents, which is a part of the reason that cannabis advocates are fighting
so hard to make their substance more mainstream.[3]
Concern related to the use of
alcohol in large amount will lead to the liver failure, heart failure, and
other organ damages while according to the statistics related to the use of
cannabis shows that only its smoking form other than this nothing is noted
hazardous to the health even in a large amount. In fact, its other parts like
pure leaves and flower in some cases can be used to treat various ailments like
in the preparation of medicines for pain, it even help to slow down the process
of Alzheimer’s, in the treatment of cancer, etc.
On the other hand, use of alcohol
can only lead anyone to the death bed than also its’ use is still legal
worldwide. The use of cannabis will definitely not lead to the person to his
death bed like the alcohol. It is impossible to overdose of cannabis, and even
overindulgence simply leads to nausea that can be curbed. With alcohol, the
consumption can be so severe that organs shut down over toxicity.
Tax revenue which is collected from
the sale of alcohol all over the world can be earned more from the selling and
purchasing of cannabis if it will be made legal. The economic structure of the
countries can be raised towards more stability if there will be legalization to
the use of cannabis in those countries where there is no specified law
regarding its use.
What
should be done next?
Countries where there were no
specified provisions given for using cannabis should have amend their laws in
order to understand the public interest through law making policies for
understanding the difference of legalising alcohol but not marijuana even after
knowing the certain effects of alcohol consumption will always been hazardous
in comparison to the marijuana.
This article states the real image
of some of the laws which were made in respect of the public interest but
eventually turn out to be lacking somewhere in its proper execution and
understanding. There is always a loophole present in the laws somewhere as it
is also made manually but it can be improved and corrected if it is not in the
interest of the public anymore. Likewise the laws which give authority to
individuals and manufacturers for import and export of alcohol which is highly
dangerous should be amended. The laws should be made to give the legal
certificate to the use of cannabis but should have some limitation on its use
like in Colorado and Mexico and now in Netherlands’ Amsterdam.
The excess use of anything can be
hazardous to anyone but if it will be used in certain quantity than it will
give benefits to the public as well as to the government in raising its economy
and to put stop on the illegal smuggling of the drugs in the black market in a
degraded quantity which will directly affects the health of the citizens and
ultimately increase the medical expenditure of the individual as well as of the
government.
It should be kept in mind while
implementing anything that will directly affects the day to day life of
everyone. Likewise the laws under NDPS Act, 1985 made the use of opium legal in
certain quantity in India same should be done with the cannabis in order to
make out the best use out of it for many other useful purpose and to stop
illegal trafficking.
[1] Report of the Indian
Hemp Drugs Commission 1894-1895 “(298)Page 264-India
Papers>Medicine-Drugs>Report of the Indian Hemp Drugs Commission,
1894-1895>Volume I- Medical History of British India- National Library of
Scotland”
[2] Jonathan P. Caulkins;
Angela Hawken; Beau Kilmer; Mark Kleiman (14 June 2012). Marijuana
Legalization: What Everyone Needs to
KnowRG
Good thoughts... I was just hoping you would also come out with more of the India Aspect with medico legal jurisprudencial aspect of casinibis from Mogha and lectures of Nani Palkhiwala who used to rightly say that the ills of the society must be taxed at a higher rate... But it's a very good and and educative paper...All the best!
ReplyDeleteThanks for your acknowledgement. The blog should be upto point so keeping that in view author has written it with the worldwide perspective with an psrfect example of colorado government who are getting benefits in the form of taxes through legalizing the use of marijuana for recreational purposes.
DeleteAyushi, I really appreciate you.I am glad that you have spoken about a very valuable thing and you have expressed your views in the way you told us, understood a lot of things.People like you have the courage to raise the voice in a country. Always active with the good ideas and thought as well.
ReplyDeleteI salute you Ayushi!
Thanks for the appreciation.
DeleteI totally agree with all your points that you've illustrated in order to justify your argument regarding decriminalization of the use of marijuana. It will play a pivotal role in solving the agrarian crisis in India and several other developing nations thereby boosting their GDP by manifolds. But decriminalization or legalizing marijuana is only the legal context to this issue. The main game comes into play when it comes to its commercialisation. Marijuana contains THCs and CBDs. THCs are psychoactive while on the other hand CBDs are non-psychoactive. When we say that marijuana should be legalized for medicinal & recreational purposes, the government needs to maintain regulations & ensure that they are being followed during its commercialisation i.e. basically to ensure that the strains have high levels of CBDs and low levels of THCs.
ReplyDeleteThanksfor your acknowledgement. It is well expected that before legalizing the use of marijuana on the commercial level the government will definately set some bars under the NDPS Act like it is already having for other drugs. The quantity will be set before its use on the commercial level, by the individuals or for the recreational purposes just to maintain the balance. Even if its distribution will come under the governmental authority then people will get its purest and consumable form far more better then the smuggled one.
DeleteBefore legalisation of marijuana, few factors should be under consideration with a populous country like India, that is, How much amount should be given, taxation, Age limit and in what form the marijuana should be consumed. I agree with the author on her thoughts and applaud her for raising such Taboo issue.
ReplyDeleteThanks for your appreciation.
Delete