We(ed) the People…
Jeff Sessions Says ‘Screw the People’
“In strict medical terms marijuana is far safer than many foods we commonly consume…Marijuana in its natural form is one of the safest therapeutically active substances known to man. By any measure of rational analysis marijuana can be safely used within the supervised routine of medical care.” That was the official statement of Administrative Law Judge, Francis L. Young, from a September 6, 1988 opinion and recommended ruling in reference to a petition to reschedule marijuana. As we all know, the Drug Enforcement Agency did not accept Judge Young’s recommendation, and left cannabis — marijuana — completely out of place in Schedule I of the Controlled Substances Act. And it still sits there today, thanks to a recent decision by the DEA declining to reschedule it yet again in 2016.
Despite the placement of cannabis on Schedule I, legalization of marijuana, both for medical purposes and recreational use, has occurred across the country within individual states. As of January, 2018, at least 30 states and the District of Columbia have legalized cannabis for medical use, and eight of those have also legalized retail sales. Due to the overwhelming public support of legalization efforts, President Barack Obama’s administration introduced a policy of non-enforcement of federal marijuana laws in states that had legalized the drug, and they had a general policy of not focusing on low-level marijuana possession and distribution cases. These policies have allowed the growth of the marijuana legalization movement, with California passing a law just last year which made marijuana legal for retail sale across the nation’s most-populous state.
However, despite positive results in every state that has legalized, the current Attorney General, Jefferson Beauregard Sessions III, has rescinded the previous administration’s policies concerning marijuana enforcement, ordering his Justice Department to “return to the rule of law.” This was yet another blow dealt to reasonable and rational drug policy, and goes to underscore the hypocrisy of conservative politicians that preach about State’s rights and personal freedom and government overreach, while consistently supporting extensive encroachment into the private lives of citizens.
It is of course not surprising that Mr. Sessions refuses to abide by the same framework that President Obama set up, as the current administration has gone to comedic lengths to undo everything President Obama ever did, but I am again baffled at the blatant refusal by certain conservatives to acknowledge the will of the people, the weight of the scientific evidence, and the patent falsity of the claims that placed marijuana on Schedule I in the first place. I understand that they feel some biblical need to legislate people’s morals, but the evidence over the past several decades suggests that marijuana is not as “sinful” as once thought. In fact, with the growing public sentiment concerning marijuana, it seems the GOP could actually come out on top if they adopted a more progressive stance on this one. But apparently Reefer Madness is still ingrained in the collective consciousness of deep red conservatives.
Marijuana usage dates back thousands of years. There is evidence of marijuana inhalation in ancient China dating back to 2700 B.C., where it was believed to be used in spiritual rituals and/or for medicinal purposes. Ancient Egyptians smoked marijuana, as well as making wide use of hemp, which is cultivated from the same plant as marijuana. There is even some viable research to suggest that Jesus Christ himself could have been a pot smoker, and that he may have used marijuana for ritual and healing purposes. Indeed, the U.S.’s own history has strong ties to hemp and marijuana use, as even George Washington was an avid supporter and harvester of hemp, and Abraham Lincoln was said to enjoy a hemp pipe from time to time. It is even believed that drafts of the Declaration of Independence and the Constitution were written on Dutch hemp paper (although the final copies of each were written on parchment, not hemp, as some people erroneously believe).
It wasn’t until the 20th century that governments around the world began efforts at prohibition of marijuana. There are many theories as to why marijuana was targeted. Some claim that the paper companies were behind it, because they feared that hemp paper could be produced cheaper — and work better — than wood pulp paper, putting them out of business. Some believe that alcohol producers were worried that marijuana would lower the demand for alcohol and cut into their profits. And others believe that William Randolph Hearst, the legendary newspaper mogul, was behind the whole thing, as he certainly used his newspapers to spread false propaganda nationwide. Whether or not there was some mysterious dark co-conspirator in the push to criminalize marijuana, we do know that it was based on pure nonsense.
It was actually Harry Anslinger that led the campaign to criminalize marijuana and marijuana users. Anslinger was the head of the newly-formed Federal Bureau of Narcotics in 1930 and advocated furiously for the prohibition of marijuana. Anslinger believed that marijuana use caused violent crime, and caused people to act irrationally and become overly sexual. Of course these beliefs were not based on any actual evidence, but under his command, the FBN produced numerous propaganda films and materials designed to “educate” the public about these made-up problems. Perhaps the most well-known example of anti-marijuana propaganda was the 1936 film “Reefer Madness,” which saw its main characters’ lives torn apart by marijuana addiction. While not produced by Anslinger or the FBN, Reefer Madness was clearly a product of the hysteria and misinformation distributed by the government as part of Anslinger’s quest.
Anslinger’s crusade culminated in the Marijuana Tax Act of 1937, which made possession and transfer of marijuana illegal under Federal law. The Act was passed based on poorly-attended hearings, and questionable studies. In fact, in 1944, the LaGuardia Commission, formed by then-Mayor of New York City, Fiorello LaGuardia, issued a report contradicting earlier reports of violence, madness or overt sexuality, and advised against prohibition. And when Richard Nixon proposed to place marijuana on the newly-formed Controlled Substance Act schedule in the early 1970’s, he also ordered a commission to examine the effects of marijuana legislation, and that commission also advised against prohibition. Of course, just as in 1944, the government ignored the Commission’s opinion.
Marijuana was placed on Schedule I, the most restrictive, which includes illicit drugs such as heroin, LSD, and PCP (“Angel Dust”). Under 21 U.S.C. § 812, drugs must meet three criteria in order to be placed in Schedule I:
1 The drug or other substance has a high potential for abuse.
2 The drug or other substance has no currently accepted medical use in treatment in the United States.
3 There is a lack of accepted safety for use of the drug or other substance under medical supervision.
There is strong evidence that marijuana fails to meet even the very first criterion. Studies show that marijuana is not physically addictive at all, and that even though some psychological dependence is observed, it is far lower than most other illegal and legal substances. Caffeine, nicotine and alcohol all have much higher dependency profiles than pot. Repeated lab studies show that mice will not self-administer marijuana, a key indicator of addictiveness. Even among frequent smokers, marijuana dependence is extremely low. Simply put, marijuana, if anything, has an extraordinarily LOW potential for abuse.
Furthermore, marijuana has been legalized for medical use in 30 states. There are currently more than 150,000 patients that are regularly prescribed marijuana in those states. Over 2,500 doctors have recommended marijuana to patients. There are countless case studies confirming the health benefits of marijuana in the treatment of numerous conditions, including macular degeneration, AIDS and Cancer treatments, and treatment for chronic pain. There are dozens of national and international organizations, including the American Medical Association (AMA) and National Institutes of Health (NIH) that have issued statements in favor of medical marijuana. In other words, it is almost impossible to make the argument that marijuana has “no currently accepted medical use in treatment…”
And finally, there is not one recorded death in all of human history attributed to marijuana toxicity. In Judge Young’s opinion he noted that the toxicity of a drug is determined by its LD50 — which is the ratio of the amount of a substance that is therapeutically effective to the amount of the substance that is lethal. He noted that many prescription drugs have extremely low LD50 ratios, with some cancer treatments being so toxic that taking even a small amount more than the effective dose would be lethal, with an LD50 of 1:1.5. Valium has an LD50 of 1:10 — meaning a dose 10x as large as the effective dose would be lethal. Even aspirin, which is available over the counter, has an LD50 of 1:20, which means that while an effective dose of aspirin is about 2 tablets, taking 40 tablets could be fatal, and would almost certainly cause extensive injury to the digestive system. However, it is almost impossible to find the LD50 for marijuana because it is so high, roughly 1:20,000 to 1:40,000. By the best estimates available, it appears that the amount of marijuana that could theoretically result in overdose and kill a human is something like the equivalent of 20 to 40 thousand marijuana cigarettes. You would have to ingest over 1,500 pounds of marijuana in a time frame of about 15 minutes. In other words, it is theoretically impossible to overdose on marijuana. So it would seem that just about ANY dose of marijuana would be safe, with or without medical supervision.
Despite the evidence that marijuana absolutely doesn’t belong on Schedule I, it continues to sit there. Since 1972, there have been tireless efforts to convince the DEA to remove marijuana from the Controlled Substances Act, or to at least re-schedule it. All of the arguments made by lawmakers in support of continued prohibition have been thoroughly debunked. They claimed that it was a “gateway drug,” that it was highly addictive, that it caused an increase in criminal behavior, or that it led to long-term brain damage, among many other societal and moral concerns. None of these claims is supported by a shred of evidence, and much evidence has been produced to refute them all. Yet again, marijuana remains on Schedule I, where it is presumed to be more dangerous than cocaine, methamphetamine, and opium (all Schedule II drugs).
Public opinion polls show that a frank majority (64%) of Americans favor legalization, with almost 90% favoring decriminalization of some sort. Even so, every year more than 800,000 people are arrested for marijuana, most of them for just simple possession. We spend billions of dollars each year on marijuana law enforcement in this country, and send thousands of people to prison for often unconscionable sentences. Countless lives have been ruined — or made significantly more challenging — because of marijuana law enforcement. And Jeff Sessions doesn’t think we arrest enough people for smoking pot. He wants to lock them all up. It is yet another clear sign that our democracy is broken when the government that is supposed to be representative of the citizens that fund it continuously ignores the will of the people and legislates based solely their own individual prejudices and special interests. But, that’s just like my opinion, man.
