Cannabis rights

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A cannabis rights demonstration in 2014, part of the Global Marijuana March in Rio de Janeiro Marijuana march Rio de Janeiro 2014 May 10 Brazil marcha maconha.jpg
A cannabis rights demonstration in 2014, part of the Global Marijuana March in Rio de Janeiro

Cannabis rights or marijuana rights (sometimes more specifically cannabis consumer rights or stoner rights) are individual civil rights [1] that vary by jurisdiction. [2] The rights of people who consume cannabis include the right to be free from employment discrimination and housing discrimination. [3] [4] [5]

Contents

Anti-cannabis laws include civil infractions and fines, imprisonment, and even the death penalty. [6]

Legality

The use of cannabis for recreational purposes is prohibited in most countries. Many have adopted a policy of decriminalization to make simple possession a non-criminal offense (often similar to a minor traffic violation). Others have much more severe penalties such as some Asian and Middle Eastern countries where possession of even small amounts is punished by imprisonment for several years. [7]

Social movement

The movement around cannabis laws and rights has been growing since as early as the 1960s. Multiple organizations both for and against cannabis usage have been created and merged over the past 60 years as the country has changed and perception of marijuana rights has changed. One pro-marijuana group is NORML (The National Organization for the Reform of Marijuana Laws). [8] [9] The conversation about cannabis rights has shifted from picket signs declaring "Pot is fun," to being about health and social justice. [9] [10] It's been noted that African-American communities may be suffering the most from the continued prohibition of cannabis, although consumption rates are approximately the same as white citizens. Arrests for African-Americans are 3.73 times higher in comparison. [11] Activists hope to see those numbers decrease with gained rights.

American history

Until the 20th century, there were no prohibitions in the U.S. against growing and consuming cannabis. [2] By the mid-20th century, possession of marijuana was a crime in every U.S. state (and most other countries). In 1996, the passing of Proposition 215 by California voters restored limited rights for medical cannabis patients in the state. Other states and countries have since joined California in guarding rights of cannabis consumers. [12]

In the United States, much is unclear about cannabis rights because despite state laws, cannabis remains federally illegal. Consequently, cannabis consumers do not belong to a protected class. Courts will address the issues surrounding housing and employment law, and disability discrimination. [3] [4]

State vs. federal

As of 2019 in the United States, eleven states and the District of Columbia have legalized medical and recreational cannabis, with 25 more states decriminalizing the drug. [13] Fourteen state and federal laws still classifies cannabis as illegal, placing cannabis as a "Schedule 1" drug. Being federally illegal, profits cannot be handled through federally-insured banks (including checks or deposits), so cannabis retailers are forced to use cash or remain vague about business practices. [14] [15]

Medical use

In the United States, the use of cannabis for medical purposes is legal in 33 states, four (out of five) permanently inhabited U.S. territories, and the District of Columbia. [11] An additional 14 states have more restrictive laws allowing the use of low-THC products. [11] Cannabis remains illegal at the federal level by way of the Controlled Substances Act, under which cannabis is classified as a Schedule I drug with a high potential for abuse and no accepted medical use. In December 2014, the Rohrabacher–Farr amendment was signed into law, prohibiting the Justice Department from prosecuting individuals acting in accordance with state medical cannabis laws.

An international argument for medical usage includes the right to health, as guaranteed by the International Covenant on Economic, Social, and Cultural Rights. What determines "health" or "healthy" is disputed between individuals and governmental bodies. [16]

Indonesian history

There were around two million cannabis users in Indonesia in 2014, reported by the National Anti-Narcotics Agency (Badan Narkotika Nasional - BNN). This makes cannabis the most popular drug in Indonesia followed by amphetamine-type stimulants (ATS) such as methamphetamine (shabu) and ecstasy. [17] Most of the cannabis is distributed by the western province of Indonesia called Aceh. [18] 37,923 people were imprisoned because of cannabis between 2009 and 2012. Twenty-six people were imprisoned, on average, each day. [19] Because cannabis is the most common drug, consuming of cannabis goes up to 66 percent than other drugs in the country. The death penalty is given to the people who grow cannabis, or a minimum fine of $550,000, based on the National Anti-Narcoticts (BNN) law. [20]

Religious use

Different religions have varying stances on the use of cannabis, historically and presently. In ancient history some religions used cannabis as an entheogen, particularly in the Indian subcontinent where the tradition continues on a more limited basis.

In the modern era Rastafari use cannabis as a sacred herb. Meanwhile, religions with prohibitions against intoxicants, such as Islam, Buddhism, Bahai, Latter-day Saints (Mormons), and others have opposed the use of cannabis by members, or in some cases opposed the liberalization of cannabis laws. Other groups, such as some Protestant and Jewish factions, have supported the use of medicinal cannabis.

See also

Further reading

Related Research Articles

The National Organization for the Reform of Marijuana Laws is a social welfare organization based in Washington, D.C., that advocates for the reform of marijuana laws in the United States regarding both medical and non-medical use. According to their website, NORML supports "the removal of all penalties for the private possession and responsible use of marijuana by adults, including cultivation for personal use, and casual nonprofit transfers of small amounts" and advocates for "the creation of a legal and regulatory framework for marijuana's production and retail sale to adults". NORML also has a sister organization, NORML Foundation, that focuses on educational efforts and providing legal assistance and support to people affected negatively by current marijuana laws. NORML maintains chapters in a number of US states as well as outside the US in countries such as Canada, France, New Zealand, and South Africa.

<span class="mw-page-title-main">Removal of cannabis from Schedule I of the Controlled Substances Act</span> Proposed changes to the legal status of cannabis in U.S. federal law

In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act is a proposed legal and administrative change in cannabis-related law at the federal level. It has been proposed repeatedly since 1972. The category is the most tightly restricted category reserved for drugs that have "no currently accepted medical use."

<span class="mw-page-title-main">Legalization of non-medical cannabis in the United States</span> Legalization of marijuana in the United States

In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Drug liberalization</span> Process of reducing drug prohibition laws

Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include: drug legalization, drug re-legalization and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

<span class="mw-page-title-main">Cannabis in the United States</span> Legality, use, culture, market and production of cannabis in the United States

The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.

<span class="mw-page-title-main">Medical cannabis in the United States</span> Use of cannabis for medical purposes in the United States

In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.

<span class="mw-page-title-main">Cannabis in California</span> Legality, use and culture of medical and recreational cannabis in California

Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis through the Compassionate Use Act of 1996, which passed with 56% voter approval. In November 2016, California voters approved the Adult Use of Marijuana Act with 57% of the vote, which legalized the recreational use of cannabis.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span> Historical list in chronological order of U.S. cannabis law

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Guam</span> Legality, use and culture of cannabis in Guam

Cannabis in Guam has been legal for medical use since 2015 and legal for recreational use since April 2019. Guam was the first United States Territory to legalize medical marijuana, passing via a ballot referendum in 2014.

Doctors for Drug Policy Reform, or D4DPR is a 501(c)(3) non-profit organization that serves as a global voice for licensed health professionals and scientists advocating for evidence-based drug policies and best practices that advance public health, reduce stigma, and minimize harm. D4DPR leverage the expertise, compassion, and influence of licensed health professionals to enact changes in drug policy necessary to improve public health, human rights, social justice, and consumer protections. D4DPR, formerly DFCR, was founded in 2015 by David L. Nathan. In 2021, Dr. Bryon Adinoff, an addictionologist, researcher, and editor-in-chief of the American Journal of Drug and Alcohol Abuse succeeded Nathan to become D4DPR's second president.

<span class="mw-page-title-main">Cannabis in Arizona</span> Overview of the use and culture of cannabis in Arizona, U.S.

Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.

<span class="mw-page-title-main">Cannabis in Pennsylvania</span> Legality, use and culture of cannabis in the U.S. state of Pennsylvania

Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill passed by the state legislature.

<span class="mw-page-title-main">Cannabis in Minnesota</span>

Cannabis in Minnesota is legal for recreational use as of August 1, 2023. On May 30, 2023, Governor Tim Walz signed House File 100 into law, legalizing the use, possession, and cultivation of cannabis within the state. Licenses for commercial sales will likely not be issued until 2025, in order for the Office of Cannabis Management to establish regulatory frameworks.

<span class="mw-page-title-main">Cannabis in Florida</span> Overview of the use and culture of cannabis in Florida, U.S.

Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.

<span class="mw-page-title-main">Cannabis in Michigan</span> Legality, use and culture of cannabis in the U.S. state of Michigan

Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.

Madeline Martinez is an American cannabis rights activist.

<span class="mw-page-title-main">Glossary of cannabis terms</span>

Terms related to cannabis include:

References

  1. ↑ Membis, Liane (July 7, 2010). "Legalizing marijuana is civil rights issue, California NAACP says". CNN . Archived from the original on September 8, 2017. Retrieved September 19, 2017.
  2. 1 2 Gatenio Gabel, Shirley (2016). A Rights-Based Approach to Social Policy Analysis: Evil or Miracle Drug? Who Decides and How?. Springer. ISBN   9783319244129. Archived from the original on April 20, 2023. Retrieved April 20, 2023.
  3. 1 2 Liquori, Francesca (February 18, 2016). "The Effects of Marijuana Legalization on Employment Law". National Association of Attorneys General . Archived from the original on November 12, 2019. Retrieved September 23, 2017.
  4. 1 2 Nikolewski, Rob (November 24, 2016). "Can your landlord 'just say no' to marijuana now that Prop 64 passed?". The San Diego Union-Tribune . Archived from the original on September 17, 2017. Retrieved September 23, 2017.
  5. ↑ Edwards Staggs, Brooke (February 15, 2017). "Coalition aims to protect cannabis consumers from random drug tests at work". The Cannifornian. Archived from the original on March 1, 2017. Retrieved September 19, 2017.
  6. ↑ Meehan, Maureen (January 26, 2017). "Man Given Death Sentence for Selling Weed". High Times . Archived from the original on January 26, 2017. Retrieved September 23, 2017.
  7. ↑ Powell, Burgess (February 24, 2018). "The 7 Countries With The Strictest Weed Laws". High Times. Archived from the original on November 26, 2020. Retrieved July 21, 2018.
  8. ↑ "National Organization for the Reform of Marijuana Laws - NORML - Working to Reform Marijuana Laws". norml.org. Archived from the original on April 19, 2023. Retrieved May 8, 2019.
  9. 1 2 Davis, Joshua. "The Long Marijuana-Rights Movement". Archived from the original on April 20, 2023. Retrieved April 20, 2023.
  10. ↑ Gabriel, Trip (March 17, 2019). "Legalizing Marijuana, With a Focus on Social Justice, Unites 2020 Democrats". The New York Times. ISSN   0362-4331. Archived from the original on November 10, 2022. Retrieved May 8, 2019.
  11. ↑ "Report: The War on Marijuana in Black and White". American Civil Liberties Union. Archived from the original on April 12, 2023. Retrieved May 8, 2019.
  12. ↑ Clark Davis, Joshua (November 6, 2014). "The Long Marijuana-Rights Movement". The Huffington Post . Archived from the original on April 20, 2023. Retrieved September 20, 2017.
  13. ↑ "Map of Marijuana Legality by State". DISA Global Solutions. April 1, 2019. Archived from the original on August 24, 2020. Retrieved May 7, 2019.
  14. ↑ "Why marijuana retailers can't use banks". The Economist. January 22, 2018. ISSN   0013-0613. Archived from the original on December 26, 2022. Retrieved May 7, 2019.
  15. ↑ "It's Legal To Sell Marijuana In Washington. But Try Telling That To A Bank". NPR.org. Archived from the original on March 18, 2023. Retrieved May 7, 2019.
  16. ↑ Bone, Melissa; Seddon, Toby (January 1, 2016). "Human rights, public health and medicinal cannabis use". Critical Public Health. 26 (1): 51–61. doi:10.1080/09581596.2015.1038218. ISSN   0958-1596. PMC   4662098 . PMID   26692654.
  17. ↑ "LAPORAN AKHIR SURVEI NASIONAL PERKEMBANGAN PENYALAHGUNA NARKOBA TAHUN ANGGARAN 2014". BNN Pusat (in Indonesian). Archived from the original on May 6, 2019. Retrieved May 6, 2019.
  18. ↑ "Beschouwingen over het Indische muntstelsel, naar aanleiding van de brochure van den heer Mr. C.W. Mees, over het muntstelsel van Nederlandsch Indie, en het oordeel daarover in het Algemeen Handelsblad en de Nieuwe Rotterdamsche Courant". doi:10.1163/2214-8264_dutchpamphlets-kb3-kb33619.{{cite journal}}: Cite journal requires |journal= (help)
  19. ↑ "eBook Sabk Edisi 1 - Feb 2014". Scribd. Archived from the original on May 6, 2019. Retrieved May 6, 2019.
  20. ↑ "English Version of the Indonesian Narcotics Law". idpc.net. Archived from the original on February 15, 2023. Retrieved May 6, 2019.


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