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 the 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. Drug tests, are more common than before in many countries. Some countries allow the sale of cannabis through drug companies such as Superdrug or Boots Group. 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

Under the name cannabis or marijuana, 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. 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. 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. 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 the 1937 Marihuana Tax Act, the first US national law making cannabis possession illegal via an unpayable tax on the drug.

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. The prohibitionists deliberately used a Mexican name for cannabis in order to turn the populace against the idea that it should be legal by playing to negative attitudes towards that 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 be noted, however, that cannabis indica in the 1930s had lost most of its former popularity as a medical drug.

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 Canadian marijuana users with HIV/AIDS, eligible for a prescription, continue to obtain marijuana illegally. (AIDS Care. 2007 Apr;19(4):500-6.)

By country

Main article: Legality of cannabis by country

Australia

In the Australian Capital Territory, possession, use and distribution is illegal and penalties start at $100.00 fines for simple cannabis offences, and range up to $20,000 fines and 20-year jail terms for more serious cannabis offences. In South Australia possession of small quantities of cannabis is decriminalized attracting fines similar to a parking ticket. However, penalties for cultivation of marijuana have become harsher since the widespread advent of large scale cultivation. 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 30 grams or two plants is accepted for private use. Any amount exceeding this is dealt with in the criminal court. In New South Wales and Tasmania, cannabis use is illegal and attracts fines. In Queensland it is a criminal offense 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 offense in Queensland. However, under the Police Powers and Responsibilities Act 2000 a person who admits to carrying under 50 grams (and is not committing any other offense) must be offered a drug diversion program. Possession and Cultivation of Cannabis in Victoria is also legalised, under the Drugs, Poisons & Controlled Substances Act 1956. Possession/cultivation of 10 plants is considered to be a traffickable quantity, and possession/cultivation of 100 plants or 25 kilograms is deemed trafficking in a Commercial Quantity.

Bangladesh

Cannabis was 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 their 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

Marijuana is illegal 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 that marijuana is not a gateway drug and should be treated more like tobacco or alcohol than 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 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. 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) narcotics were only a minor problem in Czech society. A law from 1992 stopped criminalization of drug possession for personal use. This changed in 1998, "possession of more than a small amount of drugs" (the amount was not defined) became a criminal offence again. The limits were defined later through internal research by Czech law enforcers making the possession of under 20 grams not a crime.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 poll from 2007 estimated that almost 30% of Czechs under 24 had tried it. In 2007 the Supreme Court of the Czech Republic ruled that mere cultivation of hemp should not be punishable unless production of the drug is proven; an officer from the Czech anti-drug unit was quoted saying that "this decision is irrelevant to our work". As of 2007 several initiatives towards 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 practice, 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" = English "small amount") is not exceeded. This maximum amount varies between 6 and 15 grams depending on which particular federal state the person is in and the amount of pottentlial THC. The person caught will have the cannabis confiscated. Until 2002 one could have one's driver's license taken away because of cannabis possession, even if driving a car was not involved.

Law enforcement in the city of Berlin currently places a very low priority on enforcement of cannabis laws; many people smoke openly in parks and bars througout the central city.

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 imprisonment for 15 years can be imposed 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 a license from the Department of Health is illegal with a $1,000,000 (HKD) 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.

Japan

Penalties for possession or use of marijuana in Japan are severe, and convicted offenders can expect long jail sentences and fines. Possession of any amount, as little as 0.1 g, is punishable by jail sentence for up to 5 years and/or a fine of up to 30,000,000 Yen. However, the defendant has to stay in police custody for at least a few weeks until a court decision is made.

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. On October 14, 2008 a bill was proposed in Mexico City's Congress to legalize the consumption, possession and commerce of Marijuana. The bill states that only a person over 18 can have access to the drug, the places where marijuana is sold cannot also sell alcoholic drinks, and must be at least 1000 meters away from schools. The Government would issue special licences for the distribution of marijuana in special places, similar to the legislation in the Netherlands. The Bill has yet to pass.

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 "coffeeshops") if one is age eighteen and over. Sale and purchase of cannabis anywhere else is illegal. 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.

Although outdoor use is prohibited this is also "tolerated" in most places. Since January 2006 certain areas in the district "De Baarsjes" in Amsterdam have been declared official cannabis-free zones because of nuisance to inhabitants of the areas. A special road sign was chosen out of 3 designs by Hans Bos to designate the areas.[4] This sign is not a recognized traffic sign however as it is not used outside of Amsterdam.

New Zealand

Main article: Cannabis in 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 rates are among the highest in the world and possession in small quantities will often not be prosecuted. In some cases first offences may not always result in convictions.

Poland

Possession of any amount of cannabis is illegal in Poland and can result in 3-year prison sentence. Anyone caught giving another person any amount of illegal drugs (including marijuana) risks a 10-year prison sentence. Giving a dose of drugs to an underage person is a crime and can result in a 3 to 15-year prison sentence.

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, an 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 practice.

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.

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). However, a "small dose" is tolerated by the law. Growing in any amount is punishable by prison term (UK 231). Possession of more than 6 grams is punishable by prison term (UK 228).

Spain

Personal consumption and home cultivation of cannabis have been decriminalized. Buying or selling remains a criminal offense, as well consumption or possession in public areas. Therapeutic use is allowed and is regulated by hospital prescription.

Sweden

See also: Drug policy of Sweden

It is illegal to purchase, possess, sell or transfer any amount of cannabis. Furthermore, it is illegal to consume cannabis. Upon suspicion of consumption, police are eligible to arrest and take a drug test, which is seen as a cogent proof of consumption. Minor offenses, such as simple consumption generally renders a 30 day-fine (a day-fine is currently between 50 to 1000 SEK, largely depending on income) while possession and even occasional cultivation of plants for personal use renders higher fines (up to 150 day-fines) as long as they are under the threshold for minor drug offenses, namely 50 grams (1.8 oz). For crimes of the normal degree and gross offenses, such as large possessions, organized cultivation or sale, the punishments lie in the range from 6 months to 10 years imprisonment (in exceptional cases the sentences can be longer, pending the circumstances 14 or 18 years is the maximum for aggregate sentences).

Cannabis have no officially recognized medical usage and medical use is not seen as a extenuating circumstance. Rather the opposite, in case that draw some attention in the national press involving a multiple sclerosis patient, the disease and that she stated that cannabis helped her where rather seen as a aggravated circumstance by the court. The court argued in the verdict that she lacked motivation to stop using the drug.

Under the official aim of creating a drug-free society the police have no legal ability to show any tolerance against cannabis use. Inspired by the practices in the US, all police officers in external duty are to receive training to become Drug Recognition Experts (DRE) to better detect persons under the influence of drugs other then alcohol. Especially the traffic police have integrated DRE-practices to test suspected drivers into their every day routine. The more directed surveillance measures is largely pointed towards curbing the supply and preventing drug use among adolescents. As a part of the latter, the police in Stockholm prioritizes drug use among celebrities to curb acceptance among the young.

Switzerland

Main article: Cannabis in Switzerland

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

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 cannabis 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.

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 used as a spice in many different foods, especially in different breads and other baked goods. Usage of cannabis as a drug is forbidden in Turkey, but persons carrying small amounts of cannabis can be fined, while drug trafficking is punished in long term imprisonment.

United Kingdom

Main article: Cannabis in the United Kingdom

Cultivation and use of cannabis were generally outlawed in 1928. Under the Misuse of Drugs Act 1971, in its original form, the plant or herb was classed as a class B drug, but was downgraded to a class C drug in January 2004.

On May 7 2008, and against the advice of the government's own commissioned report, the Home Secretary, Jacqui Smith, announced the government’s intention to reclassify cannabis as a class B drug. In 2008, the UK government commissioned a study into the effects of the downgrading of cannabis from Class B to Class C. Subsequently British prime minister Gordon Brown announced his government would disregard the findings of the committee, which recommended that cannabis should remain a Class C substance. On 26 January 2009, Cannabis was reclassified as a Class B drug in the UK.

United States

Main article: Cannabis in the United States

The Controlled Substances Act of 1970, a federal law, classifies marijuana as a Schedule I drug, implying that it has a high potential for abuse and has no acceptable medical use, and thus it prohibits the possession, usage, purchase, sale, and/or cultivation of marijuana. Recently, dozens of states, most notably California, have legalized the use of marijuana for medicinal purposes. However, federal agents choose to enforce federal laws in California, and many patients have been arrested and prosecuted for using medical marijuana (despite its legality under California law). In recent decades, numerous U.S. States have decriminalized personal use of marijuana, in addition to legalizing medicinal use.

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. In the summer of 2008, congressman Barney Frank pushed for a bill to decriminalize up to 100 grams of marijuana in the United States. Frank is also a supporter of medical marijuana.

California passed Proposition 215 in 1996, later renamed the Compassionate Use Act, which would protect anyone from criminal prosecution if recommended by a doctor to use marijuana as relief from some critical illnesses such as cancer, anorexia, AIDS, and glaucoma. In early 2009, California state representative Tom Ammiano introduced a bill, titled Marijuana Control, Regulation, and Education Act, to legalize, regulate, and tax the recreational use of cannabis in California.[5] The bill remains pending. The legalization of Marijuana is said to generate over one billion dollars of state revenue per year. Marijuana would have the same regulations that alcohol has. With every ounce of marijuana sold, there would be a 50-dollar tax. The State of California has a 42 billion dollar budget deficit right now. Placing a tax on marijuana would definitely be beneficial in helping the state get out of this deficit. California alone is estimated to produce about 14 billion dollars worth of marijuana per year.

On March 24, 2009, a pair of bills (House Bill 2929 and Senate Bill 1801), seeking to “tax and regulate the cannabis industry”, were introduced into the Massachusetts legislature.

The bill seeks to legally regulate the commercial production and distribution of marijuana for adults over 21 years of age. Like California’s proposal, licensing requirements and excise taxes would be imposed on the retail sale of cannabis. Currently in California, marijuana farming is the largest illegal cash crop. If legalized, marijuana will be taxed $1.00 a joint or $50.00 an ounce. By some estimates, these taxes could raise nearly $2 billion in annual state revenue.

Economists have not yet reached a conclusion on legalizing marijuana. Most believe that legalizing, regulating, and taxing marijuana would both stimulate the economy and reallocate US funds towards enforcing more dangerous crimes than illicit drug possession. Others believe that the social cost of legalizing marijuana outweighs the economic benefits. Economists such as Robert J. Barro and Gary S. Becker believe that marijuana should be legalized and the profits taxed to act as an economic stimulus to bring the United States out of the recession in 2009. The revenues could be used to increase public awareness about the harmful effects of Marijuana on the body. Legalization would also decrease the $8 billion of government spending on law enforcement in regards to Marijuana possession every year. On the other hand, those such as Joel W. Hay and Paul Taubman believe that the legalization of Marijuana would have negative consequences on society, such as an increase in substance abuse, negating the economic benefits. Overall, the general consensus of economist seems to be opposed to prohibition, but only slightly supporting decriminalization or liberalization. However, most seem to agree that Marijuana Policies in 2008 to 2009 have been ineffective and costly to the government. Daniel K. Benjamin and Roger LeRoy Miller believe that the most effective policy of Marijuana would be the a purely Constitutional approach, which would allow each individual state government to regulate and control Marijuana within their own borders.

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	Has been used	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. Her lawyers have appealed the sentence.
Thailand	Frequently Used	Death penalty is possible for drug offenses under Thai law. Extrajudicial 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, 2003 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	Never Imposed / Constitutionality Untested	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 and treason can constitutionally carry a death sentence (Coker v. Georgia and Kennedy v. Louisiana)

Medical Use

There are many medical benefits of marijuana. It has been used in the treatment of over 13 different illnesses.

The most common treatment are those suffering from cancer. Marijuana has been used to help with the nausea that is commonly associated with chemotherapy treatment. Patients that undergo chemotherapy often experience vomiting and nausea. Marijuana helps combat these feelings so that patients don't experience these side effects from chemotherapy treatment.

Another condition that marijuana has helped with is AIDS Wasting Syndrome. Often patients suffering from AIDS or HIV lose a considerable amount of body weight. Marijuana has been used to help patients maintain a healthy appetite and diet which is important to avoid other infections.

Arthritis is an inflammatory joint disorder that causes pain, swelling, and limited movement. This condition inflames and degenerates cartilage and bone in the joint. Marijuana contains chemicals that help reduce pain as well as reduce swelling. There are many anti-inflammatory qualities in marijuana which make it a good treatment for those suffering from Arthritis

A study at Columbia University has shown the effects that marijuana can do to one’s immune system. For an entire year a group of people smoked a marijuana cigarette every other day. The results of this study showed that the white-blood-cell count in the participants was 39% less than normal. Losing this many white-blood-cells has a significant effect on the immune system and makes them more vulnerable to sickness or infections. As seen in the study at Columbia University regarding the negative effects that marijuana has on a person’s immune system, marijuana can only make a person weaker. People that are sick already have a weak immune system, therefore smoking marijuana will only make their fight against their illness worse.

Non-drug purposes

Main article: Hemp

Cannabis Sativa (Left), Cannabis Indica (center) and Cannabis Ruderalis (right)

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.

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
• Cannabis Social Club

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