Research Paper on Legalization of Marijuana in California

Introduction

Over the past few years, there has been a significant and growing debate over the basis of a very controversial leaf that happens to have the power to alter the mind: Marijuana. Tetrahydrocannabinol (THC) is a chemical substance responsible for the psychological effects brought about by Marijuana. Its function is more like the cannabinoid chemicals naturally produced by the body. Cannabinoid receptors are focused in specific brain regions linked to time perception, pleasure, memory, and thinking. THC attaches to these receptors activating them and thus affecting an individual's brain functioning. THC is known to stimulate brain cells, releasing dopamine, and creates euphoria in the user. Back in 1996, voters in California state passed Proposition 215 that permitted patients and caregivers to plant and possess cannabis for the medicinal purpose. In 2016, the voters enacted proposition 64 (Adult Use of Marijuana Act) that permits the consumption and sale of recreational marijuana for individuals over twenty-one years old and establishes specific cultivation and sales taxes. In January 2018, the Medicinal Adult Use Cannabis Regulation and Safety Act were then put into practice (Hanson & Garcia, 2018). The federal Controlled Substance Act of 1970, classifies marijuana as a Schedule I substance. That is, they have a high dependency and abuse likelihood without any medical purpose (Hamm, 2018). According to federal laws, using, cultivating, or possessing marijuana is thus a federal crime. This essay is aimed at discussing the state of marijuana legalization in California and the conflicts between the federal and state laws on this issue.

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State and Federal Laws, and Effects of Marijuana in California's Economy

Federal laws are created at the national level and apply to the whole country (all fifty states and the Columbian District). Federal regulations do not protect or recognize the medical marijuana use or possession, and the federal law could prosecute individuals who have protection from the state medicinal marijuana laws (Pacula, 2002). State laws are the laws of each separate state and apply to the people, organizations, corporations, businesses, and visitors of that specific state only and are passed and decided by the state legislature and the state courts respectively. The federal laws claim that cannabis is not medicine, and the Supreme Court holds that the federal government has the constitutional right to ban marijuana for every purpose (Hamm, 2018). Hence, federal law enforcers can indictpatients using medical marijuana, even if they grow their own and live in areas where state laws have legalized marijuana.

Under federal law, marijuana continues to be categorized as a Schedule 1 controlled substance (Hamm, 2018). Nevertheless, directly conflicting with the federal law is the law in eighteen states which permit the use or possession of marijuana in particular circumstances. In California, the Adult Use of Marijuana Act, a very restrictive marijuana law since its enactment in 1996, is still in conflicts with the federal law (Chilkoti, 2017). In California, recreational and medicinal marijuana use is legal in California.

Nevertheless, cannabis is continuously being a controlled substance under the federal law. Thus, whereas there is a low likelihood of the local enforcement to prosecute growers and users of marijuana in California, these people are still at risk of facing arrest from the federal authorities (Fuller, 2018). This conflict is so rampant that it possesses a challenge to the state's economy.

The idea of tax collection on the sale of marijuana is alluring to contemporary politicians. With the assumptions that a state consumer market for marijuana is about thirteen billion dollars yearly, the estimated benefits to the Californian state would be around seven billion dollars annually exclusive of the tax revenue, and this also saves them thirteen point five billion dollars in prohibition-related law enforcement costs. It is a high possibility as well to reduce state healthcare costs, by easing demand for top pharmaceuticals.

State Laws

Going into the election period, consumption or possession of marijuana for recreational purposes was illegal. Because of this reason, the voters then decided to pass Proposition 215 in 1996legalizing medical marijuana. After that, in November 2016, the Adult Use of Marijuana Act was approved to permit the recreational use of marijuana. Even though the Department of Justice under Obama's regime did not vindicate most businesses and individuals following state marijuana laws, both recreational and medical marijuana was illegal under federal law (Fuller, 2018). Therefore, proposition 64's main aim was to legalize pot in California state to protect its users from the law. The substance was legalized following its ability to help individuals suffering from chronic illnesses.

Federal Laws

Under Bush's rule, the United States Justice Department treated state medicinal marijuana laws as nullities. These laws faced contradictions and hence preempted by the federal drug law, the department of justice contemplated, and in 2005, America's supreme court upheld that position (Federal Marijuana Law, 2018). Sequentially, the federal law periodically raids and prosecutes a defendant who claims to be functioning under state marijuana laws. Nevertheless, federal law still prohibits all cultivation, sale, and use of marijuana because, under the law, possession of cannabis is an offense punishable by a $1000 fine and up to one-year jail term.

The Fight to Legalize Marijuana

Legalizing marijuana could be quite beneficial to the government by saving a lot of money and resources. In America, a lot of the funds go towards the war on drugs. Most individuals face imprisonment due to engaging in marijuana businesses, forcing the taxpayers to cater for their bills, since most costs are linked to imprisoning the productive individuals. In addition to the tax returns, the government could also save since it would not have to incarcerate the users again. For this reason, the government could harvest a lot of billions thus protecting it from all kinds of debts.

California's Economy Shifts Since the Legalization

Proposition 64 generated two excise duties on cannabis: a fifteen percent tax on marijuana's retail price, and a cultivation tax of two point seven five dollars per ounce for leaves and nine point two five dollars per ounce for flowers except for specific medicinal marijuana cultivation and sales. Revenue from the tax collection goes to the new California Marijuana Tax Fund. The income is first used in covering costs of enforcing and administrating the measure. It is then distributed to drug enforcement, treatment and research, with three million being donated every year to the California Highway Department to enforce protocols of ensuring drivers are not impaired as a result of consuming marijuana. Ten million dollars goes to the California universities to study and analyze the effects of implementing Proposition 64. The scholars would then help in making policy change recommendations to the California governor and the legislature (Hanson & Garcia, 2018).

The Potential for Economic Output in America Nation-wide

Legalizing marijuana on a federal level could prove to be quite profitable to America in several ways, mainly if it is regulated and taxed similarly to tobacco and alcohol products. The consumption of cannabis has proven to be less harmful and comes in handy when trading specific illness like anxiety, insomnia, depression and life-threatening diseases unlike legalized drugs such as tobacco and alcohol. If the government legalized marijuana, then people would be having jobs such as croppers, distributors, dispensary clerks, and even harvesters. Hence unemployment rates would be reduced, and the economy could rise.

Conclusion

The state of California has been at the forefront of reforming marijuana laws, starting with the rules first ballot initiative trying to legalize the drug. Even though Proposition 19 was not a success, California would still be the first to legalize medicinal pot by passing the Compassionate Use Act in 1996. The federal government also enacts strict punishments for the cultivation and sale of marijuana - up to life imprisonment depending on particular circumstances. The opposition in the federal law claims that legalization of marijuana is not beneficial in any way and that legalizing it would only contribute to drug abuse in the US particularly among the adolescents.

I believe that by regulating and legalizing marijuana, the United States could improve the citizen's safety consuming the drug; they could also see a decline in the mortality rates of citizens using same or more harmful drugs, and restricting access of the substance to minors. Street vendors of marijuana rarely label the product safely, offer childproof packaging, or check IDs since they do not have government support for this. Therefore, when we take the pot out of the black market and place it behind a legalized, regulated counter, we generate a more responsible safer system. Additionally, marijuana is not addictive, and a small amount consumed once in a while will do more good than harm to the body. Hence the federal government needs to think along this line for the right of its people.

References

Chilkoti, A. (2017). States Keep Saying Yes to Marijuana Use. Now Comes the Federal No. Retrieved November 28, 2018, from https://www.nytimes.com/2017/07/15/us/politics/marijuana-laws-state-federal.html

Federal Marijuana Law. (n.d.). (2018). Retrieved November 28, 2018, from https://www.safeaccessnow.org/federal_marijuana_law

Fuller, T. (2018). "California Defiant in the face of Federal Move to Get Tough on Marijuana." The New York Times. Retrieved November 28, 2018, from www.nytimes.com/2018/01/04/us/california-defiant-in-face-of-federal-move-to-get-tough-on-marijuana.html.

Hamm, C. (2018). Federal law? State law? Which takes precedence when you want to travel with cannabis? Retrieved November 28, 2018, from http://www.latimes.com/style/la-lb-667-45646-la-tr-spot-cannabis-20180709-htmlstory.html

Hanson, K., & Garcia, A. (2018, November 7). STATE MEDICAL MARIJUANA LAWS. Retrieved November 28, 2018, from http://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx

Pacula, R. L. (2002, January 01). State Medical Marijuana Laws: Understanding the Laws and Their Limitations. Retrieved November 28, 2018