Legality of cannabis

Since the 20th century, most countries have enacted laws affecting the legality of cannabis regarding the cultivation, use, possession, or transfer of cannabis for recreational use. Many jurisdictions have lessened the penalties for possession of small quantities of cannabis, so that it is punished by confiscation or a fine, rather than imprisonment. Punishment focuses more on those who traffic and sell the drug on the black market. Some jurisdictions/drug courts use mandatory treatment programs for young or frequent users with freedom from "narcotic" drugs as goal. A few jurisdictions permit cannabis use for medicinal purposes. There are also changes in a more restrictive direction as in Canada, Denmark, Netherlands or United Kingdom and drug tests, more or less mandatory, are more common than before in many countries. Some countries allow the sale through drug companies. However, simple possession can carry long jail sentences in some countries, particularly in East Asia, where the sale of cannabis may lead to a sentence of life in prison or even execution.

History

Propaganda used by the U.S. Federal Bureau of Narcotics in the late 1930s and 1940s.

Under the name cannabis, 19th century medical practitioners sold the drug, (usually as a tincture) popularizing the word amongst English-speakers. It was rumored that Queen Victoria's menstrual pains were treated with cannabis, because her personal physician, Sir John Russell Reynolds, wrote an article in the first edition of the medical journal The Lancet about the benefits of cannabis. Cannabis users included nineteenth century literary figures Robert Louis Stevenson, and Le Club des Hashishins members Victor Hugo, Alexandre Dumas Eli Lilly and Company and others sold cannabis tinctures over the counter for a variety of maladies. By the end of the 19th century, its medicinal use began to fall as other drugs like aspirin took over its use as a pain reliever.

In 1894, the Report of the Indian Hemp Drugs Commission commissioned by the UK Secretary of State and the government of India, was instrumental in the decision not to criminalize the drug in those countries. From 1906 different states in the United States started to implement regulations for sales of Cannabis indica. In 1925 a change of the International Opium Convention banned exportation of Indian hemp to countries that have prohibited its use, and requiring importing countries to issue certificates approving the importation and stating that the shipment was required "exclusively for medical or scientific purposes."

In 1937 the F.D. Roosevelt administration crafted 1937 Marihuana Tax Act the first national US law making cannabis possession illegal in the US via an unpayable tax on the drug. Hollywood supported that effort with the release of "misinformation documentaries" such as the iconical "Reefer Madness" (1937) and Nathanael West wrote about it in his Hollywood novel, The Day of the Locust. There was of course also misinformation in the other direction describing cannabis as totally harmless.

The name marijuana (Mexican Spanish marihuana, mariguana) is associated almost exclusively with the plant's psychoactive use. The term is now well known in English largely due to the efforts of American drug prohibitionists during the 1920s and 1930s, which deliberately used a Mexican name for cannabis in order to turn the populace against the idea that it should be legal, playing upon attitudes towards the nationality. (See 1937 Marihuana Tax Act). Those who demonized the drug by calling it marihuana omitted the fact that the "deadly marihuana" was identical to cannabis indica, which had at the time a reputation for pharmaceutical safety. It must however be noted that cannabis indica in the 1930s had lost most of its former popularity as a medical drug.,

Although cannabis has been used for its psychoactive effects since ancient times, it first became well known in the United States during the jazz music scene of the late 1920s and 1930s. Louis Armstrong became a prominent and life-long devotee. Bing Crosby, Gene Krupa, Anita O'Day, and other jazz stars were "vipers", as written about by Mezz Mezzrow in Really the Blues. It was popular in the blues scene as well. In 1948 film star Robert Mitchum was arrested for marijuana and served time in jail. Embraced by Beat generation writers like Alan Ginsberg, it eventually became a prominent part of the 1960s counterculture and human rights movements, used by Bob Dylan, John Lennon, Paul McCartney and even John Denver. Anthropologist Margaret Mead testified before Congress advocating marijuana legalization in 1969 and admitted she'd tried it herself.

Some advocate legalization of marijuana, believing that it will reduce illegal trade & associated crime and yield a valuable tax-source. Marijuana is now available as a palliative agent, in Canada, with a medical prescription. Yet 86% of Canadians with HIV/AIDS, eligible for a prescription, continue to obtain marijuana illegally (AIDS Care. 2007 Apr;19(4):500-6.)

By country

Australia

In the Australian Capital Territory, possession of up to 25 grams, or two plants, is not a criminal offence but carries a $100 fine. In South Australia possession of small quantities of cannabis is decriminalised attracting fines similar to a parking ticket. However, penalties for cultivation of marijuana have become harsher since the widespread advent of large scale indoor crops in South Australia. There is much confusion on the subject, with many people believing that possession of a certain amount is legal. In Western Australia, possession of up to two plants is accepted for private use, excess of the latter can face fines of over $150. In New South Wales and Tasmania, cannabis use is illegal and attracts fines. In Queensland it is a criminal offence to be in possession of any amount of cannabis, people charged must face court and can be convicted. Possession of cannabis or any schedule 1 or 2 drug specified in the Drugs Misuse Regulation 1987 carries a maximum prison sentence of 15 years in Queensland, however jail terms for minor possessions are very rare. Possession of smoking utensils or anything used to smoke cannabis is also a criminal offence in Queensland.

Bangladesh

Cannabis has grown throughout the Bengal region, which is currently split between Bangladesh and the Indian state of West Bengal. In both parts of Bengal, cannabis (Bengali language: গাঁজা gãja or গাঞ্জা ganja) has been widely used for centuries. Cannabis was banned in Northern Bangladesh in 1984.

Belgium

Individual or solo use by adults has the lowest priority to police and government instances, if the use doesn't cause any problems to his environment. This basically means only the use in public places, possession of more than 3 grams, or the sale of the drug are pursued in court. However, the use in the presence of minors is strictly forbidden. The cultivation of one feminine cannabis plant for personal use is decriminalized.

Canada

Main article: Cannabis legalization in Canada

• A July 13 2007 decision in Ontario Provincial court has ruled that criminal possession laws for cannabis are unconstitutional (R. v. Long). However, Toronto police spokesman Mark Pugash said that nothing will change about how the police deal with marijuana possession for the time being.

• Possession of cannabis is legal in Canada according to Justice Edmonson of the Ontario Court of Justice in R. v. Bodnar/Hall/Spasic - "there is no offence known to law which the accused have committed."
• Marijuana was first banned in Canada in 1923 under the Opium and Drug Act. Since 1997 marijuana has been covered by the Controlled Drugs and Substances Act.
• The Special Senate Committee on Illegal Drugs reviewed Canada's current anti-drug policies and legislation and reported in September 2002. The Committee said that marijuana is not a gateway drug and should be treated more like tobacco or alcohol than like harder drugs.
• The House of Commons Special Committee on the Non-Medical Use of Drugs looked at an overall drug strategy for Canada and issued their report in December 2002. The House committee said that while marijuana is unhealthy, the current criminal penalties for possession and use of small amounts of cannabis are disproportionately harsh. They recommended that the Canadian Ministers of Justice and of Health come up with a strategy to decriminalize the possession and cultivation of not more than thirty grams (about an ounce) of cannabis for personal use.
• Various estimates peg this country's cannabis trade at considerably more than $7 billion in annual sales--twice as much as pig farming brings in, and almost three times more than wheat does. Even the mighty cattle industry, at $5.2 billion a year in revenue, lags behind the marijuana business for sheer size. Just as importantly, the report points out, every dollar reaped by government regulation of the pot industry would be a dollar taken away from the criminal gangs that run the industry today. We'd save billions more by eliminating the staggering costs of a losing war. In 2001, Auditor General Sheila Fraser said the federal government was spending close to $500 million a year fighting the drug trade. Roughly 95 per cent of that goes to enforcement and policing, and two-thirds of the country's 50,000 annual drug arrests are for cannabis offences.

In October 2007, Prime Minister Harper announced a new National Anti-Drug Strategy. A proposed Bill would have dealers facing one-year mandatory prison sentences if they’re operating for organized crime purposes, or if violence is involved. Dealers would also face a two-year mandatory jail sentence if they’re selling to youth, or dealing drugs near a school or an area normally frequented by youth. Additionally, people in Canada who run a large marijuana grow operation of at least 500 plants would risk facing a mandatory two-year jail term. Maximum penalties for producing cannabis would increase from 7 to 14 years.

Perhaps the biggest proposed policy change is mandatory six-month sentencing for those growing as little as one marijuana plant for the purposes of trafficking. If the Bill passes, this is certain to be felt by small-time distributors who are not linked to the ring of organized crime, and who usually face no more than a fine if caught.

Currently the Conservative Government holds a minority in Parliament, so the Bill would require support of at least one other political party before it can become law. Previous attempts by past Liberal Governments in the late 1990s and early 2000s to decriminalize marijuana for personal use have failed to become law - this is a distinct policy contrast from the current minority Conservatives who aspire to a more US-style 'War on Drugs'.

Czech Republic

In 1938 production and possession (but not the consumption) of drugs became a punishable crime in Czechoslovakia. The law did not distinguish between different types of drugs. Until the Velvet Revolution (1989) the narcotics were only minor problem in the society. A law from 1992 stopped criminalization of drug possession for personal use. This has changed with a 1998 law when the "possession of more than a small amount of drugs" (the amount was not defined by the law) became criminal offence again. The limits were defined later for internal police use: for marijuana possession of less than about 20 grams was not a crime but the owner could be fined. Consumption was not punishable. Enforcement of the law was spotty and sometimes inconsistent.

Young people are the most frequent users of marijuana: a research from 2007 estimated that almost 30% of Czechs under 24 tried it. In 2007 the Supreme Court of the Czech Republic decided a case where it stated that mere cultivation of hemp should not be punishable unless production of drug is proven; a police officer from anti-drug unit said this decision is irrelevant for their work. As of 2007 several initiatives demand either decriminalization of marijuana or creating a more tolerated category of soft drugs.

Finland

Possession, manufacture and use of cannabis products were prohibited by law in Finland in 1972. The parliamentary discussion and the following vote resulted in a stalemate, so the issue was resolved by drawing lots - which resulted in cannabinoid products becoming illegal. In practise, possession or manufacture of cannabis products is considered to be a minor misdemeanor punishable by a minor fine (normally in the range of 60-500 euros). A supreme court decision of 2004 set up a "half a dozen" precedent: Cultivation of up to 6 plants for personal use is subject to the same penalties as personal use. The same applies to distribution and use within a "closed circle of users". However, open distribution is generally punished very severely. Aside from criminal penalties, users are often persecuted by welfare authorities on the pretext of child welfare (if the user has offspring); withdrawal of driving license is also commonplace.

Germany

While illegal, possession is generally not fined as long as a certain maximum amount (so called "geringe Menge" = engl. "small amount") is not exceeded. This maximum amount varies between 6 and 15 grams depending on which particular federal state the person is in. The person caught will have the cannabis confiscated, and may have one's driver's license taken away at a later time (even if driving a car was not involved), in which case, undergoing Medical Psychological Assessment is often required to regain the driver's license.

Hong Kong

Cannabis is regulated under section 9 of Hong Kong's Chapter 134 Dangerous Drugs Ordinance. Cultivation and dealing with cannabis plant is illegal and a fine of $100,000 and to imprisonment for 15 years can be laid by the court. Anyone who supplies the substance without prescription can be fined $10,000 HKD. The penalty for trafficking or manufacturing the substance is a $5,000,000 (HKD) fine and life imprisonment. Possession of the substance for consumption without license from the Department of Health is illegal with a $1,000,000 fine and/or 7 years of jail time.

Ireland

The most recent Misuse of Drugs (Designation) Order (S.I. No. 69/1998) lists cannabis, cannabis resin, cannabinol and its derivatives as Schedule 1 drugs under the Misuse of Drugs Acts of 1977 and 1984. As a consequence manufacture, production, preparation, sale, supply, distribution and possession of cannabis is unlawful for any purpose, except under licence from the Minister for Health. The gardaí (Irish police) have a level of discretion when dealing with recreational cannabis users. To procure a conviction any cannabis seized has to be sent for analysis to the Garda Forensic Science Laboratory. This, along with the time needed to process the arrest, means that individual gardaí may decide not to arrest for small amounts, but the drug will be seized and the name and address of the individual will be taken. Possession of cannabis is an arrestable offence and, in 2003, 53 per cent of all drug seizures and 70 per cent of all drug-related prosecutions were for cannabis. Trafficking or possession with intent to supply are serious offences under Irish law.

Upon being brought to court, the penalties for possession are outlined as follows:

• First offence: On summary conviction, to a fine not exceeding €381, or on conviction on indictment, to a fine not exceeding €635.
• Second offence: On summary conviction, to a fine not exceeding €508, or on conviction on indictment, to a fine not exceeding €1,269.
• Third or subsequent offence: On summary conviction, to a fine not exceeding €1,269 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment.

There is no law against possession or sale of cannabis seeds. However, the growing of cannabis, even for medicinal benefits by genuine sufferers, is often treated harshly by the courts. Various movements have been founded to legalize the drug, including an attempt at starting a cannabis legalization political party.

Mexico

On April 29 2006, the Congress of Mexico passed a bill decriminalizing possession of small amounts of drugs intended for recreational use (up to 5g for marijuana). The new bill was hoped to relieve cartel-related crime as well as reduce drug-related arrests. A possibly unintended consequence would have been increased tourism. The move caused many in the US government to question Mexico's commitment to the "War on Drugs." However, President Fox sent the legislation back, asking that the decriminalization be removed. This action showed the U.S. government's influence over the Mexican Government's decisions, sparking broad controversy over the bill.

Netherlands

Main article: Drug policy of the Netherlands

The possession/purchase of Cannabis is "tolerated" in small amounts. One can purchase cannabis in special shops (called "coffee shops") if one is age eighteen and over. Selling and purchasing cannabis anywhere else then in these coffee shops is forbidden by law. Outdoors use is forbidden as well. Cultivation and wholesale of cannabis is likewise "tolerated" in small amounts (guidelines here are no more than five plants at home or the possession of 5 grams per adult max.). The tolerance guidelines appear in appendix of the Opium Act. The Opium Act states very clearly that every part of the hemp plant is banned except for the seeds -- this is in accordance with many of the international treaties which the Netherlands have signed. It is for this reason Cannabis cannot be legalised in the Netherlands. Thus, it remains illegal but it is "tolerated." A recent court decision allowed a medical cannabis user to avoid legal prosecution for possession of a small number of cannabis plants; however, the state is appealing the decision.

By 2009, 27 coffee shops selling cannabis in Rotterdam, Netherlands, all within 200 meters from schools, must close down. This is nearly half of the coffeeshops that currently operate within its municipality. This is due to a new policy of city mayor Ivo Opstelten and the town council as a result of increased use of soft drugs among pupils.

Russia

Consumption and possession of up to 6 grams (dry weight) of cannabis is punishable by fine or arrest for up to 15 days (KoAP 6.9). Growing in any amount is punishable by prison term (UK 231). Possession of more than 6 grams is punishable by prison term (UK 228).

New Zealand

Possession of any amount of cannabis is illegal in New Zealand and can result in a fine of up to $500 or even a 3-month prison sentence (though the latter is rarely used). Anyone caught in possession of more than 28 grams of cannabis or 100 cannabis joints is classed as a dealer unless s/he can prove they are not. Cannabis is a class C drug in New Zealand, of which the penalty for dealing can result in a maximum prison sentence of 14 years under the New Zealand Misuse Of Drugs Act 1975. There have been many public campaigns to decriminalise Cannabis but so far none have succeeded. It is generally accepted that the usage rate is high and possession in small quantities may not often be prosecuted. In some cases first offences may not always result in convictions.

Two political parties have a clear stance on the liberalisation of cannabis use. The Green Party of Aotearoa New Zealand has a policy that calls for a legal age limit on usage of 18 years of age, no penalty on it's use for those over 18 years of age, a limit defined in law on growing cannabis for personal use and a ban on commercial cultivation. The Aotearoa Legalise Cannabis Party advocate legalisation of "cannabis for recreational, spiritual, medicinal and industrial purposes".

Spain

Personal consumption and home cultivation of cannabis have been decriminalized, but buying or selling remains a criminal offense.

Sweden

Cannabis is not seen as a soft drug. Sweden has an official goal of creating a drug-free society by the means of zero tolerance; any possession or consumption is illegal. Upon suspicion of consumption, police are eligible to arrest and take a drug test, which is seen as a cogent proof of consumption. Police officers are trained with Drug Recognition Expert Training program (DRE) in order to recognize the signs and symptoms as to whether a person has come under the influence of some type of drug. The police make about two million breath tests per year, a test for alcohol, and in the same time look for signs of drug use. The punishment for a single small drug use is normally a fine, in some cases it also includes participation in a treatment program or some other type of follow-up by local authorities. There are formalized networks between the police, the social service, the public health and sick care service. Punishment for driving a car while under the influence of drugs is the loss of one's driver's license, and one month or more in prison. If the person is younger than 18, the police or the school must ask permission from the parents before the first drug test. Suspected users of drugs are offered some kind of free drug treatment program, a right supported by law. Cooperation with the treatment program can be mandatory if the user is below 18 or in some cases 20. Under very special circumstances, if the abuse has consequences that poses a serious threat to the life or heath of the addict or it's surroundings (generally only applicable, in the case of cannabis, on chaotic poly drug users with cannabis as dominating drug), a similar law can be used for those above 18 after a court decision or in very acute cases after a decision by the chairman of the social service in the municipality.

The penalty for sale of cannabis is imprisonment, from 6 months to 10 years, 18 years in exceptional cases. In spite of this, Sweden has few citizens in prison for drug offenses or other offenses; the total is 1 in 1400, compare with 1 in 100 in the USA. Many prisons have internal drug treatment programs for prisoners, often inspired by cognitive behavioral therapy. Sweden has fewer users of cannabis and other drugs than many other comparable countries and is reported as a positive example by UNODC.

Cultivation of industrial hemp, cannabis varieties with less than 0.2% THC, is legal if the farmer reports the fields in advance and follow some other restrictions but the cultivated area is small.

Switzerland

Cannabis is classified as an illegal narcotic in Switzerland. The production, possession, consumption and sale of illegal narcotics, even for personal use, is punishable by a monetary penalty or by imprisonment of up to three years, as are public incitements to the consumption of illegal narcotics.

The enforcement of the prohibition on cannabis is spotty, because around 500,000 Swiss people (or 7% of young people from 15 to 39) are believed to regularly use cannabis. Also, in 1998, some 250 hectares of land were used in Switzerland to grow cannabis, yielding more than 100 tons of narcotics per year. The produce is sold mostly on the street and (in "scent bags" or covertly) through "cannabis shops" clustered in the urban centers. These shops, of which there were about 135 in 1999 and which authorities believe earn about 85-95% of their income with illegal narcotics, are the target of irregular police crackdowns in some cities, while in others they are tolerated to some degree. Overall, enforcement varies substantially depending on the canton. Some tolerate limited public consumption while others periodically attempt to limit it. Nationwide, police registered some 27,000 cannabis-related infractions in 1999.

The penalties imposed in practice also vary among cantons to a certain degree. The 2007 penalty guidelines adopted by the Bernese Judges' Association provide as follows:

Infraction	Penalty
Consumption of soft drugs such as cannabis in particularly light cases (taking into account factors such as quantity consumed, frequency of consumption, addiction, prior convictions, etc.)	No penalty. However, as with any infraction, procedural fees and costs may be imposed, and any illegal drugs and associated equipment will be confiscated.
Consumption of soft drugs in normal cases (first infraction, or minor quantity, or brief period of consumption)	Fine of CHF 100 or more, depending on the accused's financial circumstances.
Consumption of soft drugs, repeated infractions	Increasing fine or monetary penalty, depending on the severity of the infraction and the accused's financial circumstances.
Trade in soft drugs, up to 100 g	Monetary penalty of 1–5 daily rates. The daily rate is set by the court and usually amounts to roughly one thirtieth of the accused's monthly income.
Trade in soft drugs, 100 g to 1 kg	Monetary penalty of 5–30 daily rates.
Trade in soft drugs, 1 kg or more	Monetary penalty of more than 30 daily rates.

An attempt to decriminalize possession and consumption of cannabis failed narrowly in Parliament in 2004. As a reaction, a popular initiative that would amend the constitution to decriminalize cannabis has been introduced; it is scheduled for a national referendum in November 2008.

Portugal

Personal consumption limit is 2.5 gram per day of marijuana and 0.5 gram per day of hashish. One may possess not more than 10 daily doses, otherwise it may be categorized as trafficking. Consumption still has a penalty that may be a fine or other penalty. Cultivation, even if for personal use, is still totally illegal and cultivation of even one plant is assumed to indicate involvement with trafficking. Possession of seeds is also illegal and despite there being several "head shops" or "grow shops" in Portugal, they are not allowed to sell seeds. It is also true that the number of grow shops has increased over the past few years, which seems to indicate that cultivation for personal use (in Portuguese: auto-cultivo) is becoming a more common practice. There is also a forum, named hortadacouve, formed by people who cultivate for personal use.

It is very common in Portugal to see young people smoking in concerts and other party areas. There has also been, in the last decade, a increase of cafés where it is possible to smoke, although it is never an "open" experience, because there is still a lot of intolerance to public consumption of cannabis as a day to day practise.

The 2006 Global Marijuana March (Portuguese: Marcha Global da Marijuana) was celebrated for the first time in Lisbon and in 2007 both Lisbon and Porto celebrated it.

Turkey

Cultivation of cannabis is strictly controlled by government in Turkey. Non-drug usage of cannabis is a common practice in Aegean region of Turkey. Cannabis seeds are processed to remove the psychoactive effects, and used as a spice in many different foods, especially in different breads and other bakery. Usage of cannabis as a drug is forbidden in Turkey, but carrying small amounts of cannabis is fined, while drug trafficking is punished in long term prisonment.

United Kingdom

Cultivation and use of cannabis were outlawed in 1928. Cannabis, in the original Misuse of Drugs Act (1971) was classed as a Class B drug, but was downgraded to a Class C drug in January 2004.

If a person is caught with just a small amount of cannabis on their person or premises, they may be prosecuted. The person may receive a formal warning and have the drug confiscated. If a person continues to offend, they may end up with a criminal record. Dealing is considered a "very serious" offense, and people who grow cannabis or possess large amounts on their premises may be charged with intent to supply. The maximum penalty for supply is 14 years in prison, or an unlimited fine.

On May 7th 2008, and against the advice of the government's own commissioned report, UK Home Secretary Jacqui Smith announced the government’s intention to reclassify Cannabis as a Class B drug.

Subject to parliamentary approval, Cannabis will be reclassified a class B drug from early next year, fewer than five years after it was downgraded to class C.

United States

History

Main article: Legal history of marijuana in the United States

The United States has had a long history of producing and using cannabis.

Under federal law, it is illegal to possess, use, buy, sell, or cultivate marijuana, since the Controlled Substances Act of 1970 classifies marijuana as a Schedule I drug, claiming it has a high potential for abuse and has no acceptable medical use. Under the Supremacy Clause of the Constitution, Federal law in the United States preempts conflicting state and local laws. Nevertheless, some states and local governments have established laws attempting to decriminalize cannabis, which has reduced the number of "simple possession" offenders sent to jail, since federal enforcement agents rarely target individuals directly for such relatively minor offenses. Other state and local governments ask law enforcement agencies to limit enforcement of drug laws with respect to cannabis.

The National Center for Natural Products Research in Oxford, Mississippi is the only facility in the United States that is federally licensed by the National Institute on Drug Abuse to cultivate cannabis for scientific research. The Center is part of the School of Pharmacy at the University of Mississippi.

Decriminalization

Main article: Decriminalization of marijuana in the United States

See also: Removal of cannabis from Schedule I of the Controlled Substances Act

File:MiltonFriedman2.JPG

On June 2005, more than 530 distinguished economists, including Nobel Prize-winning economist Milton Friedman, called for the legalization of marijuana (view report).

The Federal government has criminalized marijuana under the Interstate Commerce Clause, which gives the Federal Government the power to regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. Additionally, under the Supremacy Clause, any state law in conflict with federal law is not valid. These issues were addressed squarely by the United States Supreme Court in Raich v. Ashcroft, 352 F. 3d 1222 in 2005. Twelve US states had passed laws allowing some degree of medical use (9 of the 12 by majority vote of the citizenry), while a further six states had taken steps to decriminalize it to some degree. This movement sought to make simple possession of cannabis punishable by only confiscation or a fine, rather than prison. In the past several years, the movement had started to have some successes. These included Denver, Colorado legalizing possession of up to an ounce of cannabis for adults aged 21 and older, though this age restriction has been criticized as age discrimination, since adults under 21 cannot legally possess it. These laws passed by states and cities to decriminalize marijuana did not result in marijuana being legal, however, and some cities (notably Denver) actually saw an increase in marijuana arrests after passing their decriminalization laws.

In Alaska, cannabis was decidedly legal (under state, but not federal, law) for in-home, personal use under the Ravin vs. State ruling of 1975. This ruling allowed up to two ounces of cannabis and cultivation of less than 25 plants for these purposes. A 1991 voter ballot initiative recriminalized marijuana possession, but when that law was eventually challenged in 2004, the Alaska courts upheld the Ravin ruling, saying the popular vote could not trump the state constitution. In response to former Governor Frank Murkowski's successive attempt to re-criminalize cannabis, the ACLU filed a lawsuit against the state. On July 17, 2006, Superior Court Judge Patricia Collins awarded the Case Summary judgment to the ACLU. In her ruling, she said "No specific argument has been advanced in this case that possession of more than 1 ounce of cannabis, even within the privacy of the home, is constitutionally protected conduct under Ravin or that any plaintiff or ACLU of Alaska member actually possesses more than 1 ounce of cannabis in their homes." This does not mean that the legal possession threshold has been reduced to one ounce, as this was a mere case summary review filed by the ACLU, not a full case. Reinforcing Ravin, Collins wrote "A lower court cannot reverse the State Supreme Court's 1975 decision in Ravin v. State" and "Unless and until the Supreme Court directs otherwise, Ravin is the law in this state and this court is duty bound to follow that law". The law regarding possession of cannabis has not changed in Alaska, and the Supreme Court has declined to review the case, therefore the law still stands at 4 ounces. However, federal prosecutions under the CSA can be brought in Federal Court, and federal courts applying federal law are not bound by state court precedent. As such, federal courts in Alaska will recognize that possession of any quantity of marijuana remains illegal in Alaska under federal law.

In 2002, Nevada voters defeated a ballot question which would legalize up to 3 ounces for adults 21 and older by 39% to 61%. In 2006, a similar Nevada ballot initiative, which would have legalized and regulated the cultivation, distribution, and possession of up to 1 ounce of marijuana by adults 21 and older, was defeated by 44% to 56%.

In 2006, South Dakota voters defeated Measure 4, voting 48% for and 52% against. Measure 4 was to allow the use of medical marijuana by patients deemed by their physicians to benefit from its use, and was to be regulated by state-issued ID cards and protection of legitimate medical distributors.

Crime

There have been over eight million cannabis arrests in the United States since 1993, including 786,545 arrests in 2005. Cannabis users have been arrested at the rate of 1 every 40 seconds. About 88% of all marijuana arrests are for possession - not manufacture or distribution. (FBI Uniform Crimes Report)

Large-scale marijuana growing operations are frequently targeted by police in raids to attack the supply side and discourage the spread and marketing of the drug, though the great majority of those in prison for cannabis are either there for simple possession or small scale dealing.

Use of capital punishment against the cannabis trade

Several countries have either carried out or legislated capital punishment for cannabis trafficking.

Country	Status	Notes
Saudi Arabia	Has been used	An Iraqi man named Mattar bin Bakhit al-Khazaali was convicted of smuggling hashish and was executed in the northern town of Arar, close to the Iraqi border.
Indonesia	Available	In 1997, the Indonesian government under international pressure added the death penalty as a punishment for those convicted of drugs in their country. The law has yet to be enforced on any significant, well-established drug dealers. Rather, the trend has been to execute unknown, first time and clueless, alleged drug traffickers, who don't have the cunning, resources, and contacts to persuade the authorities to set them free. The former Indonesian President, Megawati Sukarnoputri announced Indonesia's intent to implement a fierce war on drugs in 2002. She called for the execution of all drug dealers. "For those who distribute drugs, life sentences and other prison sentences are no longer sufficient," she said. "No sentence is sufficient other than the death sentence." Indonesia's new president, Susilo Bambang Yudhoyono, also proudly supports executions for drug dealers.
Malaysia	Has been used	Mustaffa Kamal Abdul Aziz, 38 years old, and Mohd Radi Abdul Majid, 53 years old, were executed at dawn on January 17, 1996, for the trafficking of 1.2 kilograms of cannabis.
Philippines	No Longer Used	The Philippines abolished the death penalty on June 24, 2006. The Philippines introduced stronger anti-drug laws, including the death penalty, in 2002. Possession of over 500 grams of marijuana usually earned execution in the Philippines, as did possessing over ten grams of opium, morphine, heroin, ecstasy, or cocaine. Angeles City is often a mecca for Filipino cannabis users and cultivators, although enforcement has been inconsistent..
United Arab Emirates	Sentenced	In the United Arab Emirates city of Fujairah, a woman named Lisa Tray was sentenced to death in December 2004, after being found guilty of possessing and dealing hashish. Undercover officers in Fujairah claim they caught Tray with 149 grams of hashish. Tray claims that her stepfather had given her the bag of hashish to deliver to someone, but didn't know its contents. Her lawyers have appealed the sentence.
Thailand	Frequently Used	Death penalty is possible for drug offenses under Thai law. Extra-judicial killings also alleged.
Singapore	Frequently Used	Death penalty carried out many times for cannabis trafficking. (July 20 2004) A convicted drug trafficker, Raman Selvam Renganathan, 39, who stored 2.7 kilograms of cannabis or marijuana in a Singapore flat was hanged in Changi Prison. He was sentenced to death September 1 2004 after an eight-day trial. (The Straits Times, July 20 2004).
People's Republic of China	Frequently Used	Death penalty is exercised regularly for drug offenses under Chinese law, often in an annual frenzy corresponding to the United Nations' International Day Against Drug Abuse and Illicit Drug Trafficking The government does not make precise records public, however Amnesty International estimates that around 500 people are executed there each year for drug offenses. Those executed have typically been convicted of smuggling or trafficking in anything from cannabis to methamphetamine.
United States	Available	Former Speaker Newt Gingrich, in 1996, proposed to introduce a mandatory death penalty for a second offense of smuggling 50 grams of marijuana into the United States, in the proposed law H.R. 4170. This proposal failed. Current Federal law (1994 Crime Act) sets the threshold for a possible death sentence for marijuana offenses at 60,000 kilograms or 60,000 plants (including seedlings) regardless of weight. The death penalty is also possible for running a continuing criminal enterprise that distributes marijuana and receives more than $20 million in proceeds in one year, regardless of the weight of marijuana involved. The United States Supreme Court has held that no crimes other than murder can constitutionally carry a death sentence (Coker v. Georgia)

Non-drug purposes

Main article: Hemp

Industrial hemp (left) has a different appearance than high THC cannabis (center)

Hemp is the common name for cannabis and the name most used (in English) when this annual herb is grown for non-drug purposes. These include the industrial purposes for which cultivation licences may be issued in the European Union (EU). When grown for industrial purposes hemp is often called industrial hemp, and a common product is fibre for use in a variety of different ways. Fuel is often a by-product of hemp cultivation.

Hemp may be grown also for food (the seed) but in the UK at least (and probably in other EU countries) cultivation licences are not available for this purpose. Within Defra (the UK's Department for the Environment, Food and the Rural Affairs) hemp is treated as purely a non-food crop, despite the fact that seed can and does appear on the UK market as a perfectly legal food product.

In the UK, at least, the seed and fibre have been always perfectly legal products. Cultivation for non drug purposes was however completely prohibited from 1928 until circa 1998, when Home Office industrial-purpose licenses became available under the Misuse of Drugs Act 1971.

If industrial strains of the herb are intended for legal use within the EU then they are bred to be compliant with regulations which limit potential THC content to 0.2%. (THC content is a measure of the herb's drug potential and can reach 20% or more in drug strains). In Canada the THC limit is 1%.

Millennia of selective breeding have resulted in varieties that look quite different. Also, breeding since circa 1930 has focused quite specifically on producing strains which would perform very poorly as sources of drug material.

Hemp grown for fibre is planted closely, resulting in tall, slender plants with long fibers. Ideally, according to Defra in 2004, the herb should be harvested before it flowers. This early cropping is because fibre quality begins to decline as flowering starts and, incidentally, this cropping also pre-empts the herb’s maturity as potentially a source of drug material. UK licence conditions actually oblige farmers, however, to allow some flowering so that flower material can be tested for its drug potential.

Arguments for and against prohibition of cannabis

Arguments for prohibition include physical and mental health for the user and damage for non users, the increased concentration of THC in marijuana, more accidents, more risky behavior, public order grounds, the "gateway drug" argument, increased cost for public health and treatment of addicts, loss of manpower, loss of tax income and purely political grounds such as vote catching and simple dislike of the drug culture. Other types of arguments are the same as the arguments for prohibition of smoking of tobacco in public places like restaurants, trains, etc.

Arguments against prohibition include civil rights issues (including religious ones), loss of potential tax revenues, unnecessary criminalization of ordinary people and the enforced mixing of cannabis users with sellers of more dangerous drugs and the associated criminal underworld.

An often overlooked argument against prohibition is the inevitable increase in potentially dangerous impurities that distribution through criminal networks entails (although this is mainly relevant to hashish and, of course, other illegally manufactured drugs) and the health hazards and their costs that these impose.

An often overlooked argument pro prohibition is that legalization will promote drug tourism and criminal networks in other parts of the world where cannabis is not legal.

For more detail see Arguments for and against drug prohibition or Cannabis(drug).

Cannabis consumption vs. alcohol consumption: Intent in legalization

The legalization of cannabis in The U.S. has been hotly debated. A primary argument points out that while cannabis and alcohol have comparable effects on the human body, alcohol is legal, and cannabis is not. The UK Science and Technology Select Committee underwent an assessment of 20 legal and illegal stimulants in order to classify them to their harmful rates. According to the New Scientist Magazine, Issue 2563, from August 2006, cannabis was classified beneath alcohol as a class C substance, with A being the most harmful. However, the classification of cannabis as a class C substance is controversial in the U.K. The present U.K. government is expected to change cannabis back to class B Substance, despite new reports. The major points brought to light compared cannabis consumption and alcohol consumption in temporary impairments, withdrawal, tolerance, and dependence.

Source: New Scientist Magazine. Issue 2563. August 2006, page 5. Drug-danger 'league table' revealed.

Temporary impairments: Alcohol consumption causes severe motor skill deficiency to the point where one cannot perform any physical or mental activities that deal with coordinated tasks. At the same time, judgement and decision making abilities severely decline.

Withdrawal: The symptoms in alcohol withdrawal of frequent drinkers according to Symptoms of Alcohol Withdrawal written by Buddy T, About.com are as follows:

Feeling of jumpiness or nervousness, feeling of shakiness, anxiety, irritability or easily excited, emotional volatility, rapid emotional changes, depression, fatigue, difficulty with thinking clearly, bad dreams, headache - general, pulsating, sweating, especially the palms of the hands or the face, nausea, vomiting, loss of appetite, insomnia, sleeping difficulty, paleness, rapid heart rate (palpitations), enlarged and dilated pupils, skin being clammy, abnormal movements, tremor of the hands, involuntary, abnormal movements of the eyelids, a state of confusion and hallucinations (visual) -- known as delirium tremens, agitation, fever, convulsions.

Marijuana withdrawal symptoms, covered in Teens in Treatment Report Marijuana Withdrawal Symptoms written by University of Vermont, for About.com mention only three symptoms: anxiety, aggression, and irritability.

Dependence: According to research conducted by Jack E. Henningfield, PhD for NIDA, Reported by Philip J. Hilts, New York Times, Aug. 2, 1994 "Is Nicotine Addictive?" Marijuana is far less addictive than alcohol. The difficulty to quit, the relapse rate, the percentage of people who eventually become dependent, the rating users give their own need for the substance and the degree to which the substance will be used in the face of evidence that it causes harm are all relevant in the statement. Marijuana has been smoked by nearly 50% of all Americans, and only 1% of that number smoke regularly. When compared to the ratio of alcoholics to the total people who tried alcohol, marijuana intake frequency is ten times lower.

There are hundreds of reported deaths due to alcohol consumption. The consumption of alcohol, and it's resulting impairment also directly cause tens of thousands of deaths in the U.S. each year. According to [2], in 2001, there were 331 alcohol overdose deaths, while 0 marijuana overdose deaths. Source: U.S. Centers for Disease Control (CDC). Excessive alcohol consumption is the third leading preventable cause of death in the United States and is associated with multiple adverse health consequences, including liver cirrhosis, various cancers, unintentional injuries, and violence. According to [3], The U.S. Centers for Disease Control reported 20,687 “alcohol-induced deaths” (excluding accidents and homicides) in 2003.

About Cannabis as drug see article Cannabis (drug).

See also

• Adult lifetime cannabis use by country
• Annual cannabis use by country
• Cannabis reform at the international level
• Health issues and the effects of cannabis
• Illegal drug trade
• Legal and medical status of cannabis
• Legality of cannabis by country
• Single Convention on Narcotic Drugs

Further reading

• Reefer Madness, a 2003 book by Eric Schlosser, detailing the history of marijuana laws in the United States.
• The Emperor Wears No Clothes, a 1985 book by Jack Herer, the Authoritative Historical Record of Cannabis and the Conspiracy Against Marijuana.

References

• The cannabis problem: A note on the problem and the history of international action, Bulletin on Narcotics, 1962.
• The National Commission on Marihuana and Drug Abuse, Marihuana - A Signal of Misunderstanding. 1972

External links

• European laws on possession of cannabis for personal use from EMCDDA
• CannabisNews.com
• National Organization for the Reform of Marijuana Laws (NORML)
• U.S. should legalize marijuana Argument Diagram at HonestArgument.com

Novel excerpts

• The Emperor Wears No Clothes by Jack Herer
• The Natural Mind: What No One Wants to Know About Marijuana by Dr. Andrew Weil
• George Michael defends cannabis use BBC interview with George Michael