Law and Legalisation: The Cannabis Conundrum

Being one of the most debated agendas all over the world, the ‘Legalisation of
Cannabis’ has tested the decision-making ability of several judiciaries all over the world.
While Cannabis is a plant, Marijuana is the drug obtained from that plant. Marijuana is
known to be used for several recreational purposes as well as medical purposes.

Marijuana is known to have several side-effects like mild hallucinations, reduced

anxiety, increased appetite, at times short term memory loss, and a feeling of “victory”.
When individuals consume this substance, they often get addicted to it as a result of the
various pleasantries mentioned above.

These actions could simultaneously lead to a person jonesing for some Marijuana.
Under the pretext of taking up medications, Marijuana often comes into play, and
overdose of Marijuana could potentially lead to a person getting ‘intoxicated’. The
individual being intoxicated could lose control or rather consciousness and this might
often lead to fatal accidents.Several states fear legalizing Marijuana could lead to
several implications later and could wreak havoc to a substantially peaceful world.
Now, considering all the statements above, why would we need to legalize cannabis?
Cannabis like any other plant has several uses, where Marijuana is one of the main
factors causing inconvenience here.
The cannabis plant is also known to produce ‘Hemp’ seeds. These seeds have several
constructive uses and play a huge role in the oil industries. Hemp seeds are used to
make oil, fuel, and paint. The Hemp nut produced is known to be used in several
beverages, and famous foods like energy bars all over the world.

Medical Marijuana is the chief reason over the unending debate and deliberation on this
specific topic. Medical Marijuana is often required to cure nausea due to chemotherapy
(for cancer patients), lack of appetite, the infamous Crohn’s disease, multiple sclerosis,
and seizure disorders. It has been medically proven by several reports and several
pharmaceutical giants like the French Sanofi and American giant Pfizer, have received
patents regarding exclusively medicinal uses of Marijuana.The Single Convention on
Narcotic Drugs of the 30th March 1961, prohibited all the nations who ratified it from the
trade of all narcotic drugs under all circumstances except under license for medicinal
purposes and scientific research.
The two specific countries contravening the above paramount international convention
are the Oriental Republic of Uruguay, who ratified the convention in 1961 and violated it
in 2013, and the Dominion of Canada who ratified the convention immediately after it
was introduced i.e. 1961 and contravened it in 2018, by allowing the recreational use
and trade of Marijuana.
Article 1 (b) of the Single Convention on Narcotic Drugs clearly mentions,
“ “Cannabis” means the flowering or fruiting tops of the cannabis plant (excluding the
seeds and leaves when not accompanied by the tops) from which the resin has not
been extracted, by whatever name they may be designated.”

This clearly specifies what international law looks upon as illegal in the case of the
‘Cannabis’ plant. While the seeds and leaves aren’t considered illegal until it’s
accompanied by the top flowering part, the fruiting part is considered illegal as
Marijuana is extracted from that specific part.
Cutting down the whole production of the plant might result in heavy losses as Hemp
seeds and Hemp nuts play a very significant role in several industries.

International Law doesn’t ban the usage of medical marijuana. All it asks for is the
pertinent documents to analyze a patient’s condition and approve the drug if it’s
inordinately required and undividedly used for medicinal purposes.
Another common fear is, in case a patient recovers from a health condition with the
exclusive dependency on Marijuana, what’s the guarantee that the patient might not
develop a propensity of dependence on Marijuana for surviving?

Considering the fact that several famous cartels like the Sinaloa, Ndrangheta and the
Camorra cartel of today, the Pablo Escobar and the Lucchese gang previously
functioned mainly due to the income obtained from illicit drug trade, couldn’t the
legalization of these extortionate yet addictive material lead to criminal syndicates
prosper?

There’s an infamous report that stated, ‘Legalisation of Marijuana’ in the state of

Colorado for all purposes, lead to a phenomenal decrease in drug abuse in that state
specifically. Within an extremely short span of this report being released, there came 2
separate reports which criticized this report conspicuously. These individual reports
claimed the Marijuana usage rate among teens of Colorado rose to an extent where it
was 50% above the national average.
Fatal accidents like car crashes rose to an extremely phenomenal level and all these
cases were extremely pertinent to the significantly ambiguous methods to counter this
human-made cataclysm.

The Great Legalization Movement Organization is an extremely important non-profit

group with regards to the agenda. Based in India, they are the pinnacle behind the
rallies to legalise contained medical and industrial uses of Marijuana. To produce
Marijuana, the federal government will have to legalise it’s production. In order to make
sure every researcher or patient receives the sufficient amount of Marijuana, the
government will have to allow wide-scale production. Even though their claims made
valid arguments, considering all the conditions and clauses put forward by them, drug
peddlers within several high-profile groups used this as an opportunity to illegally
acquire this substance for recreational purposes.

One of the most interesting cases regarding the agenda at hand transpired in the United
States of America. The Gonzales Vs. Raich case of 2005 was of utmost international
significance and was a landmark case of it’s type. The significant ruling adjudicated in
that case was that the Congress may criminalize the production and usage of
homegrown cannabis even if the state allows its use for medicinal purposes.
The basis of the case was, the defendant used homegrown medical marijuana which
was legal under California Law, but was illegal under Federal Law.
Of course, when we know that Marijuana can save an individual’s life, we can’t deny it’s
legalisation and use for medicinal purposes. When we do legalise it, there’ll be several
attempts to acquire it for recreational purposes as well. The exorbitant question is how
can we restrict it to only being used for medicinal purposes?

To every phenomenal step we take, there’ll be an equal or at times more aggressive

and antithetical opposite. The Single Convention on Narcotic Drugs makes great sense,
but the point is Marijuana is a significant component in curing several diseases. It will be
extremely unpragmatic to apply for a licence, wait for it to be authorized by the pertinent
officials, receive it and obtain marijuana from a legal dispensary.

One thing we all might fear in common is the excessive usage of this substance under
the pretext of medicinal purposes and acquiring it for recreational purposes, which may
lead a user down the path of self-destruction (both physically and mentally). Instances
such as these are unavoidable, but will prove to be a test for the whole world forum to
prove their efficiency in preventing cataclysm, if used in a constructive manner as a
‘life-saver’.

Legalising Marijuana could lead to saving lives or addiction leading to an exorbitant loss
and might portray the work of illicit drug cartels, beholding their legacy by supplying
drugs (especially Marijuana) for centuries, as God's work being criticized by federal
governments of several states.

Author: Naren Maran