How Marijuana Legalization is Evolving in the 21st Century
It's no secret that cannabis laws have changed dramatically and rapidly over the past decade, but what most people don't realize is just how drastic the changes have been. This is because these things are often seen over the course of an extended period, diluting the impact of what you observe. Nevertheless, change has most assuredly arrived and continues to do so as more and more people become ambivalent or have actively taken a stance on its legalization. This post will update you on the current state of affairs and begin with a bit of history of the tumultuous relationship cannabis has had with the US government.
History Of Cannabis In The USA
Marijuana has a storied history in this nation for over a century since the powers that be decided it was a menace to society and put it in the same bucket as seriously hard drugs like heroin and cocaine. It was initially legal and commonly used in the 1800s, primarily for medicinal purposes. However, in the early 1900s, attitudes towards cannabis began to shift as it became associated with Mexican immigrants and racial stereotypes. This led to the first state-level ban on cannabis in California in 1913 (although it became harder to access it in Massachusetts two years prior). The federal government's stance on cannabis further intensified in the 1930s with the introduction of the Marihuana Tax Act, which effectively criminalized the possession and sale of cannabis.
This was followed by the War on Drugs in the 1970s, which saw cannabis classified as a Schedule I drug together with much harsher and more potent drugs. Many governments become worried about the length of time it stays in your system and how it could affect workers' productivity as the country was going through a severe economic boom and bust cycle. Despite this, the 21st century has seen a significant shift in attitudes toward cannabis legalization, with more and more states legalizing cannabis for both medical and recreational use. California first moved to legalize medical cannabis in 1996, followed by several other states in the following years. After Colorado and Washington legalized recreational cannabis in 2012, several other states followed, and since then, the floodgates have been forced wide open (although still not on a federal level).
How Have States Legalized It In Different Ways?
Although the word "legalization" seems like an all-encompassing term, it has subtle nuances depending on which state you are discussing. For example, while almost all states have legalized it in one form or another, it still remains illegal in 13 states. However, it becomes even more confusing when you look at those 13 states since some have decriminalized its possession up to a certain amount. In contrast, others keep in place relatively draconian laws. Nonetheless, disregarding those 13, the others have "legalized" cannabis for medicinal, recreational, or both purposes. But the question remains, what is the difference between those two options?
Medical
Medical marijuana refers to the use of the cannabis plant and its extracts for medicinal purposes. In recent years, it has gained more attention as a potential alternative to traditional, harsh pharmaceuticals with far fewer side effects to boot. Concerning legalization, many states in the US have passed laws allowing for the use of medical marijuana with a doctor's recommendation. Furthermore, while many US states allow its use for the treatment of various ailments, getting a medical marijuana card to buy cannabis from a dispensary legally still involves stringent procedures.
Recreational
As the name suggests, any jurisdiction that has completely decriminalized the use of weed for recreational use means that individuals won't be prosecuted if found with a certain amount or are smoking outside their homes. However, this often comes with a few caveats, including:
Having to purchase from registered dispensaries
Limitations on the amount that can be possessed (either inside or outside your home)
Being unable to sell your own products
Restrictions on where you can smoke (e.g., not around schools, government buildings, etc.)
A ban on smoking and driving (similar to alcohol laws)
Nevertheless, unless you obviously flout such restrictions, in most cases, you will be let off with a warning or possible misdemeanor (unless you are caught smoking and driving, which has more severe repercussions).
Why Has The Federal Government Remained Stalwart In Its View Of The Situation?
The one curveball to this story is the federal government, which remains stubbornly conservative regarding cannabis, regardless of the people's will (which is discussed later). As per the government, marijuana remains a Schedule I substance which carries the highest penalties and is more commonly associated with drugs with serious consequences. This classification is because they believe it has a "high potential for abuse," meaning they are concerned that people will become addicted and find it challenging to wean themselves off it.
Furthermore, crossing state lines possessing even diminutive amounts remains highly illegal. This creates a bizarre situation whereby you are unable to cross into a neighboring state with cannabis, despite both states allowing it! However, the government seems to be aware of the discrepancy between the center and its peripheries because it introduced the Rohrabacher–Farr amendment in 2001 that prevented the Justice Department from interfering with the implementation of state medical cannabis laws with federal funds. Some consider this as a defacto acceptance of the situation as it stands while still being able to present themselves as anti-drug advocates. Despite this respite, there is definitely a groundswell toward full legalization or at least decriminalization from a large number of the population.
How Do People Currently Think Of The Situation, And Is There A Will For Change?
According to this Pew Research Center report, an overwhelming number of people want the US to legalize weed in one form or another, with the preference tilting toward both medical and recreational use. An overwhelming 59% of respondents wanted both options legal, while 30% preferred only medical use. Moreover, only 10% of participants wanted the status quo to remain. While this is only one survey, plenty of others have indicated similar results, hopefully putting more pressure on the government to change course and accept the findings.
Throughout the past century, marijuana has been a hot topic and has undergone significant changes. From its free use to a complete ban to a slow overturning on the state level, it seems that time will be the final arbiter on whether the government chooses to submit to the will of the people and completely decriminalize it.
