College
of Western Idaho
Marijuana Laws and Limits
Brandon Hope
Brandonhope@mycwi.cc
ENG
102-035W
Local
Argumentative Essay
October
17, 2012
Abstract: The constant public upheaval of federal government laws
over medical marijuana continue to grow and as it has put more stress on the
states, medical dispensaries and patients involved. The federal government is slowly loosening
its grip on a state level with the fading ideology of past policies and rise of
future pro-pot policy.
Every
day we see local issues arise that were never issues before. Change occurs in small increments. One of these changes that are knocking on
Idaho's door is the argument over illicit marijuana use in the treasure valley,
and why instead of regulating it we continue to choose to enflame the black
market with unregulated product.
Regulation is the only route we have to curbing the rising costs of
illegal marijuana. The general consensus
of the population is in favor of medical marijuana use, more than 50 percent by
low estimates, and although twenty six states and the District of Columbia had
laws for medicinal marijuana, the federal government still formally opposes
it. The stark differences from states’
legalities have led to much confusion and a new approach is needed to help
medical marijuana users in Idaho. A better
plan is needed, one with a clearer and more comprehensive approach for
marijuana users in Idaho.
More
people today have taken to a liberal use of marijuana in today's society. The consequences
of the war on drugs has seen controversial moments, such as the very first
marijuana tax introduced in 1937, requiring sellers to obtain licenses that
were never licensed by the United States federal government. The effect has
been countless dollars spent on a money pit, fueling the black trade and
cartels strength. We as humans are
flawed, and enjoy mind-altering substances.
This dates back centuries and is intertwined even in religion. For
example the marijuana use was banned by Napoleon after he realized how much pot
was actually smoked by the Egyptians, thus tightening his control over their
society even more. Many of these drugs can be harmful for you and can be
addicting, but marijuana has been unfairly cropped as one of the enemies on the
war on drugs. The public's perception of
marijuana has radically changed over the past century. Susan Okie wrote an
article that showcases the federal regulations and how the states are not
really upholding the federal stance on marijuana, “Nevertheless, marijuana
advocates insist that the long-running battle between federal and state
governments over the medicinal use of marijuana is far from over. Activists
next plan to focus on getting more states to pass laws legalizing medical
marijuana” (The New England Journal of
Medicine Issue 353). Laws that
were set with a totally different mindset and bias are still in effect, and the
people seem to be speaking up for their rights.
As said by Chiriquà Pacula in an article she
wrote “There is so much confusion regarding the prevalence of medical marijuana
laws, their history, and what the laws actually allow" (JOURNAL OF PUBLIC HEALTH POLICY V.23
Issue 4). From state to state confusion
reigns and a new assessment of the scenario is required. New legislation has been trying to succeed
and has failed for the past two years.
The Idaho Compassionate Use Medical Marijuana Act, or HB 370, was
brought up and related to protecting Idahoans with serious and debilitating
medical-conditions from prosecution for having or using medical marijuana
prescribed by their physicians. This
would help tremendously, and put some ease into the people who really need the
medical prescription of marijuana to stay healthy. According to Rep. Tom Trail (R – Moscow) via
telephone interview, "there is no current legislation in the agenda"
this is given credit though to the two previous failed attempts at introducing
this to legislation for debate. Clear evidence
from the community continues to show support for future pushes of medical
marijuana in Idaho's future sessions. As stated in a report to congress from
Mark Eddy,
Fourteen
states, covering about 27% of the U.S. population, have enacted laws to allow
the use of cannabis for medical purposes.71 These states have removed
state-level criminal penalties for the cultivation, possession, and use of
medical marijuana, if such use has been recommended by a medical doctor. All of
these states have in place, or are developing, programs to regulate the use of
medical marijuana by approved patients" (Congressional Research Service).
Congressman Representative Tom
Trail of Moscow, continues to make headway for patients' rights in the state of
Idaho, he said “Moscow Republican Representative Tom Trail wants to change
that. Idahoans will soon be hearing about his new bill: the Idaho Compassionate
Use Medical Marijuana Act. This would protect Idahoans with serious and
debilitating medical conditions from arrest and prosecution for using medical
marijuana under their physician's recommendation” (Idahostatesman). Within the next half dozen years the progress
made in the pro-pot movement will be significant, especially being pushed by
our local representatives.
So
as the government figures out what to do with the industry that is seemingly
growing in their own backyard, the black market continues to thrive from the
exchange of illegal marijuana sales across state lines. Making its street value much more than what
it actually is. The contributions of
cash flow of marijuana could be tremendous, but if anything has happened, it
has steered money away from the state. "We know of at least 500 Idaho clients that have bought
property in Oregon just in the last 60 days... They don't want to break the
law, so this is going to be their new home. Idaho is losing residents, there's
no doubt about it" (Boise Weekly).
The prosecution of marijuana has turned into a money pit for states
still deciding when to de-regulate marijuana.
As an expense, and criminal offense, the percussions from someone
smoking pot can be great and unforeseen.
Overstated and over exaggerated are the penalized consequences for the crimes
of marijuana. Imagine instead of being a
negative factor to the budget, we could be taking on the role of regulator
could seeing profits from a whole new revenue that the government never thought
possible or has not had the chance to do.
|
anywhere from $300 to $600 an ounce on
the street. We'll sell it for $150 to $250 an ounce. We're not here to make a
profit. No. 2, we will not buy directly from a grower. They must be
state-approved, and we will only sell their marijuana on consignment" (Boise
Weekly). This is coincides with the rigorous
goals of the regulations set forth by the State of Oregon, and shows that the
goal here is not profit, but really helping the patient get a better product
and feel more comfortable in their own life.
The future
of medical marijuana will only get brighter and stronger, as the old ideology
will pass on. As the political ideology
cycle continues, the once so called radical ideology of the past is now the
popular consensus of the future. All
great ideas go through this complicated phase of societal acceptance. The debate of marijuana is constantly changing.
Published in The New England Journal of Medicine in an article by Diane E. Hoffmann
and Ellen Weber it stated "Medical experts have also taken a fresh look at the evidence regarding
the therapeutic use of marijuana, and the American Medical Association (AMA)
recently adopted a resolution urging review of marijuana as a Schedule I
controlled substance, noting it would support rescheduling if doing so would
facilitate research and development of cannabis-based medicine" (The New
England Journal of Medicine Issue 362). This
is an obvious self check that I think our government will go through as soon as
possible. The laws in effect are ineffective
to Americans current views and paths.
Even newcomer politician Paul Ryan said “It is up to Coloradans
to decide” (Idahostatesman). This is the new response toward the pro-pot
movement than most traditional politicians.
The future is bright, as there is no stopping time. The need for a government supported plan on
medical marijuana is needed, or, marijuana continues to be used for whatever
purposed the public see fit, with or without the government, legal or illegal.
Works
Cited
Eddy,
Mark. "Medical Marijuana: Review and Analysis of Federal and State
Policies." Congressional Research Service (2010): 1. Print.
Hoffman,
Diane E., J.D., and Ellen Weber, J.D. "Medical Marijuana and the
Law." The New England Journal of Medicine 362 (2010): 1453+. Print
Okie,
Susan, M.D. "Medical Marijuana and the Supreme Court." The New
England Journal of Medicine 353 (2005): 648+. Print.
Pacula,
R. L. Chriqui. "State Medical Marijuana Laws: Understanding the Laws and Their Limitations." JOURNAL OF PUBLIC
HEALTH POLICY 23.4 (2002): 413-39. Google Scholar. Web. 23 Sept.
2012.
Prentice,
George. "Medical Marijuana Right Across the Border | A tour of 45th
Parallel, a new medical marijuana dispensary | News | Boise Weekly." Boise Weekly. N.p., 11 May
2011. Web. 16 Sept. 2012.
Riccardi,
Nicholas, and Kristen Wyatt. "Denver:Ryan: Dont interfere with legalized
medical pot | National Politics | Idahostatesman.com "Idahostatesman.com. N.P.,n.d.Web.16 Sept. 2012.
Trail,Tom. Idaho Rep-Moscow. Telephone
Interview. 9 Sept. 2012
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