SHOULD MARIJUANA BE LEGALIZED?

Picture Courtesy: http://www.dailynebraskan.com/opinion/sheehy-nebraska-should-legalize-medical-marijuana-use/article_5a150bfa-236d-11e9-b079-972fee807281.html

THIS ARTICLE WAS WRITTEN BY MANASVITA TEJSI, A STUDENT OF RAJIV GANDHI NATIONAL UNIVERSITY OF LAW.

INTRODUCTION

Cannabis is being used from the time of reign of mighty gods. Lord Shiva has been called as the ‘god of bhaang’. Bhaang is a lighter form of cannabis whereas hash, charas or ganja can have more of a lasting effect. The latter are made up of the dried leaves, flowers, stem and roots of the hemp plant.[1] Most people use it as it has a calming effect on them although it is illegal in India. There are pros and cons to everything; the issue of legalizing marijuana is similar in that context. The debate of legalization of marijuana has been going on for decades. The veracity of the situation goes both ways. Section 8 puts a prohibition on the regulation or cultivation of cannabis in sub clause (b) in the Narcotic Drugs and Psychotropic Substances Act, 1985.[2] This act has banned charas and ganja but not bhaang. Section 20 of the NDPS Act provides for the punishment of cultivating, selling or possession of cannabis. For the possession of a small amount of marijuana, imprisonment of up to one year and a fine of ten thousand rupees will be charged; if caught with a commercial quantity, imprisonment up to ten to twenty years and a fine of one to two lakhs.[3] Although illegal in the country, it is widely cultivated and regulated. Reviewing the advantages and disadvantages of legalizing marijuana, would help in presenting both sides to the issue and forming an opinion.

THE PROS

If legalized, marijuana can be taxed; this will make the revenue of the government rise by a significant amount. This can be useful in boosting the economy of the country and preventing any black money going to the Mexican and Italian drug cartels. This will also in turn decrease the regulation of marijuana through the back door which leads to the black markets and illicit trade. It also has certain medical benefits; it can be used to treat anxiety, Post Traumatic Stress Disorder (PTSD), Tourette’s syndrome, Parkinson’s disease, etc.[4] It is smoked and is passed through the lungs to the brain; it can relax nerves and gives a sense of euphoria. Moreover, it will help with increase in job opportunities. Local cultivators in Himachal Pradesh who are largely dependent on these hemp plants for their daily wages, would get fairly paid for growing out these crops. If the government does legalize marijuana, they can restrict the use for medicinal. The government will have to largely regulate the use of marijuana. This would ensure the use of the drug in a proper manner. This would cause a steep decline in drug trafficking. There also has to be a segregation between medicinal and recreational use; the government can try to legalize marijuana for medicinal use and explore its possibilities. Recreational purposes can be harmful and only after thorough studies or experiments, a conclusion can be reached. If legalized, the rules can be made more stringent in order to prevent misuse of the drug.

THE CONS

Marijuana can be extremely addicting; for some it might bring a euphoria whereas for others it might bring anxiety, bipolar disorder, schizophrenia and a feeling of nausea. The drug, although illegal, is still widely regulated and legalizing it can give furtherance to this issue. Any individual in possession of the drug can be sentenced to imprisonment depending on the amount but if the drug is legalized, this may not happen. Addiction of anything can be harmful but addiction of marijuana can be damaging. A side effect of this drug can be excessive vomiting also known as cannabinoid hyperemesis. As for the medical purposes, it has said to have been useful in epilepsy and chemotherapy, no such conclusive evidence or study has been recorded. Recreational use of marijuana can cause addiction; 10% of those who use marijuana become addicted to it, most of them are adolescents.[5] India is struggling to control tobacco and alcohol, the other addictive substances. Legalizing marijuana would mean thorough implementation of laws and new firmer rules. Although bhaang is widely used in India and is not illegal due to the religious purpose behind it, hashish, charas and ganja are illegal.

LEGALIZATION IN CANADA

In 2018, Canada legalized cannabis for recreational purposes. It had legalized cannabis for medicinal purposes back in 2001. The reason was twofold; first, Justin Trudeau, the prime minister of Canada, had promised in his campaign of 2015 that he would legalize marijuana for recreational purposes. He won the elections and it took almost four years to legalize the drug. The citizens of Canada largely consist of youth and this was a major factor in legalizing the drug. This gained huge momentum from the citizens of Canada. Secondly, the revenue after legalizing marijuana, would rise. It would give a huge boost to Canada’s economy; and this would keep black markets from gaining any drug money, it denies any funding to any illicit organization. Cannabis was removed as a substance from the Controlled Drugs and Substances Act, 1996.[6] A Cannabis Act, 2018[7] was created for cultivation and regulation of the said drug.

CONCLUSION

Bringing about a change can take up to days or decades. The most quintessential point is to debate if the change would help the nation and its citizens as a whole or would it be detrimental to both. The issue in question here can be looked at by both the sides. To be brief, the question would be if the country should put the health of the citizens first or the revenue and the job opportunities emerging from the said task. India stands quite firm on the issue of legality of marijuana. Only two countries have to their full extent legalized wee; Uruguay being the first and Canada being the second. Although there are other countries where the drug is not legal but it isn’t illegal. This gives rise to ambiguity and loopholes within the law. This issue has been debated over but the legislation was enacted in 1985. Times have changed and it would be wise to review the same. There are various new studies and research coming to light. This could open up the world to new possibilities.

[1] What is Marijuana, Marijuana Research Report, NIDA (Apr. 13, 2020), https://www.drugabuse.gov/publications/research-reports/marijuana/what-marijuana

[2] National Drug and Psychotropic Substances Act, 1985, S. 8

[3] National Drug and Psychotropic Substances Act, 1985, S. 20

[4] Kristeen Cherney, What Are the Benefits of Marijuana, HEALTHLINE (Jan. 6, 2020), https://www.healthline.com/health/medical-marijuana/benefits-of-marijuana

[5] Wilkinson S. T., Medical and recreational marijuana: commentary and review of the literature, 110(6) Missouri medicine 524, 526 (2013).

[6] Controlled Drugs and Substances Act, 56, S.C. 1996, c. 19

[7] Cannabis Act, C-45, S.C. 2018, c.16