There is a legal and moral dilemma associated with the use of marijuana in the US today. Laws at the state level that declare its use legal contradict federal law. To give clarity on which rule applies in any instance of purchase the Cole Memorandum was formulated during the Obama administration (Vuolo M., Kadowaki J., Kelly B. 2017). It stated that state law supersedes federal law where a conflict of legal interpretation occurred. On the ethical perspective, arguments presented originate from Harry J. Anslinger whom by his moral convictions persuaded others into criminalizing cannabis (Vuolo et al. 2017). People like Harry are referred to as "moral entrepreneurs" who use their status to create rules that they claim improve people's lives and, in the long run, their hold on the people's mindset prolongs their stay in power.
In recent times, however, a paradigm shift is sweeping the nation, and cry for the legalization of marijuana is emerging. The current Attorney General Jeffrey Sessions seeks to maintain the status quo and avoid this move (Vuolo et al. 2017). The outcry is for access to recreational marijuana which has led to changes in some states policies. Sessions condemns these changes using claims that Anslinger did before him. Such include disregarding scientific evidence, propelling the notion of violence among cannabis users, and inflating the harm caused by the drug terming it as highly dangerous and worse than heroin or cocaine.
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The motivation for these moral entrepreneurs is a personal gain to their title. Sessions cause is to increase the budget of the Department of Justice (DoJ) to have a marijuana-specific fund. This action would justify an inflated budget (Jacquette, 2011). However, the addition got declined, so he sought an alternative by requiring prosecutors to enforce the law more strictly by giving at least the minimum penalties for offenders. He takes a firm stance that he shall not hesitate to have the federal law enforced at any level. Perhaps this is an attempt to make a name for him-self and leave a legacy that outlives him, even when he is out of office.
A guide to the best possible way forward would be the application of the concept of utilitarianism. This guideline allows people to make choices based on context with the goal of ensuring a maximum gain. If it were to be applied, in the situation of cannabis use, a rational response would perhaps be to consider the available evidence of the effects of the drug use. There has been substantial proof of the health benefits accrued from controlled cannabis use hence legitimizing cannabis within limits would aid a target population that requires it. However, more people would report to doctors feigning illnesses just to get prescriptions for a fix.
In an article by Rounsifer M. (2009), among the positive effects of making marijuana use legal is that its sales could become a tax base for the government. She argues that since there are many pretentious medical cases for the drug use as well as people who use it in spite of the law, there will not be a significant increase in the number of consumers. The elimination of drug-related cases involving marijuana would cut down judicial budget too leading to savings.
The article presents that alcohol, though legalized, causes more harm than cannabis does as indicated by the number of deaths it produces annually against the clean sheet of marijuana in the same sector. The health pitfalls due to consumption are seen to be less significant compared to the economic benefit for the higher population. Besides, the violence involved in obtaining marijuana would reduce if the access is made free for all and the government controls distribution.
References
Jacquette D. (2011). Cannabis: Philosophy for Everyone: What were we just talking about? High Times.
Rounsifer M. (2009). To Legalize or not To Legalize: The Ethical Reasoning to Legalize Marijuana. PIT Journal.
Vuolo M., Kadowaki J., Kelly B. (2017). Marijuana’s Moral Entrepreneurs, Then and Now. Retrieved from https://contexts.org/articles/marijuanas-moral-entrepreneurs/
