Since 1996, 16 states and the District of Columbia enacted legislation permitting the medicinal use of marijuana. Such statutes surely represent a step in the right direction, but this type of regulation has faced considerable opposition on behalf of the federal government. Despite overwhelming evidence to the contrary, the federal government maintains the
position that marijuana holds no medical value. What’s more, Draconian federal penalties for possession and distribution of cannabis remain unchanged. Perhaps state level reform efforts should shift focus from decriminalization for medical use to outright legalization.
The problem with medical marijuana lies in its inherent exclusivity. For example, California’s system reflects a kind of unequal treatment based on class separation. In order to qualify as legitimate patients, cannabis users must first obtain a costly physician’s recommendation. This affords a certain degree of legal protection, but not as much as that of a state issued identification card. Of course, those carry a hefty price tag as does purchasing medication over the counter. These financial barriers essentially reserve medical marijuana for the privileged, an affluent and largely Caucasian demographic group that’s also less likely to be subject to arrest. While wealthy suburban young adults purchase premium quality ounces in the safety of retail establishments, many inner city residents scour the streets,leaving them vulnerable to prosecution. Full legalization eliminates lingering disparate treatment within the justice system, at least at the state/municipal level.
Furthermore, legitimate dispensaries put themselves at considerable personal risk simply by existing. State law enforcement agencies often collaborate with federal agencies to raid collectives, leaving volunteers to live in fear of aggressive police tactics. There’s no way to truly prevent these nefarious activities without modifying federal laws, but legalizing marijuanaaltogether at the state level would signify unwillingness to participate in joint ventures.
The taxation issue brings up several additional arguments in favor of legalization. States would be able to collect revenue on commercial sales, which could be used to support education, health care, and other public services. Advocates need to recognize that marijuana isn’t exactly a cash cow because a significant portion of sales would still occur “under the table”. Exchanges between friends or bartering transactions cannot be subject to retail fees. Nevertheless, it’s unwise to reject a solid source of income in a struggling economy based on these technicalities.
Legalization would also allow California’s medical marijuana dispensaries to operate according to the non-profit model. Under the former Attorney General Jerry Brown’s Guidelines, collectives must conduct themselves in the same manner as organizations including the Red Cross and the Salvation Army. The merits of this policy leave room for debate, but set that aside for a moment to consider the following. Non-profit groups must register with the IRS, a federal agency opposed to all things cannabis. Collectives cannot do so, which places them in a precarious position. Recognized non-profits enjoy tax exempt status on the majority of their operations. In addition, members may write off donations as tax deductions. It goes without saying that medical marijuana facilities and their patients do not benefit from these allowances. Since marijuana is a Schedule 1 substance, patients often pay sales taxes that do not apply to dangerous prescription drugs, such as Vicodin.
All of these reasons present a fairly strong case in support of legalization. Still, none of them truly reflect the heart of this issue. Autonomy should be a priority in a democratic society. The government permits adults to consume numerous harmful substances, yet demonizes this benign plant. This isn’t merely hypocritical; many legal scholars deem it unconstitutional. Though the document never specifically mentions these contemporary social struggles, an expansive interpretation of the Privileges and Immunities clause of the 14th Amendment easily supports marijuana legalization as a matter of personal liberty. The land of the free cannot continue to imprison its responsible adult citizens for making the choice to use marijuana.
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