Going “Green”

By
Josh Weis
 “In an open society, it is none of the government’s business what idea a man puts

into his mind; likewise, it should be none of the government’s business what drugs he

puts into his body.”1 As a libertarian I am firm believer in the individual right, the ability

for all people to choose how they live their lives, as long as it is not to the detriment of

others. One key tenant of most libertarian platforms is the legalization of drug use by

consenting adults. Though many people would not support the legalization of all drugs

there is a growing number of U.S. citizens that believe that marijuana should be

legalized. These people have pointed out the costs of marijuana’s criminalization both for

its users and the country as a whole. Though I am advocating the legalization of

marijuana in this paper, I am going to forgo to usual criminal and personal choice

arguments and instead focus on the industrial and medical uses of marijuana that can

benefit the country as a whole. Additionally, I will address the revenue that can be

generated by legalized marijuana, in any form, and the issues with regulation that may

arise.

Yes, marijuana gets you high. Yes, today’s marijuana is not your father’s

marijuana. Yes, we must protect the youth of America from the adverse effects of

engaging in behaviors that may stunt emotional, physical and mental growth, but at what

cost? In 1938, Popular Mechanics published an article titled “New Billion-Dollar Crop”

praising the many uses of industrial hemp.2 Yet the media and the government have

demonized it, claiming the plant has no use other than as an intoxicant. For many years it

seemed that marijuana in any form would remain illegal. However, due to the economic

1
Dr. Thomas, Szasz, The Ethics of Addiction 75 (Harper’s 1972).
2
New Billion Dollar Crop, Popular Mechanic Feb. 1938, available at
http://www.druglibrary.org/schaffer/hemp/popmech1.htm
troubles facing this nation, we as Americans may change our opinion on the subject.

If one were to take a look at any national poll, one thing would be certain: most

Americans are worried about the economy.3 At the time this paper is being written the

U.S. debt is just shy of the 12 trillion dollar mark.4 The national unemployment rate, as of

October 2009, was at 10.2 percent, the highest it’s been since 1983.5 Prior to the

economic down turn the environment was a hot button issue. Though it has slipped in the

polls as an important issue6, the environment has still remained a key issue for the current

administration.7 The President believes that the environmental sector is an untapped

source of new jobs. One study conducted predicted that in New Jersey 57,000 jobs could

be created just by going green, this would encompass promoting renewable energy,

retrofitting buildings to be energy efficient and expanding public transportation. If

implemented nationwide these same measures are estimated to create 2 million jobs,

specifically creating jobs in the construction and manufacturing realm.8

When I originally had proposed to write on this topic, I was only focused on the

environmental issues revolving around the legalization of marijuana. However, as the

national situation has changed, so has the focus of this paper. Though most of my

research will still center on the environmental benefits of marijuana, I believe that the
3
Problems and Priorities, Bloomberg Poll Dec. 3-7, 2009, available at
http://www.pollingreport.com/prioriti.htm.
4
US Treasury Dept, Debt to the Penny and Who Holds It (2009), available at
http://www.usdebtclock.org/.
5
Bureau of Labor Statistics, Economic New Release, Employment Situation Summary
(2009), available at http://www.bls.gov/news.release/empsit.nr0.htm.
6
Bloomberg Poll, supra at 3.
7
Organizing for America, New Energy for America (2009), available at
http://www.barackobama.com/issues/newenergy/index.php.
8
Robert Pollin ET AL., Green Recovery (Center for American Progress • Political
Economy Research Institute) (2008), available at
http://www.peri.umass.edu/fileadmin/pdf/other_publication_types/peri_report.pdf.
evidence shows that many of these benefits will have direct and positive impact on the

economic situation facing this county, as well. In order to best address the issue of

legalization, I feel that it is important to have thorough understanding of this plant and its

historical uses.

Marijuana: The History of the Plant

Marijuana in its industrial form is commonly referred to as hemp.9 Hemp is

believed to have been cultivated since the beginning of recorded history, if not even

longer. Though the origins of the plant are unknown, many believe the first strains

originated in Central Asia.10 The oldest hemp specimen, a piece of cloth, dates to 10,000

B.C.E. and was found on the isle of Taiwan. The Chinese were the first to develop paper,

which was most likely made from hemp. The Chinese also utilized hemp for its

intoxicating and medicinal qualities. The Islamic world, however, is credited with the

spread of marijuana from the Far East to Africa and Europe.11 Though used as an

intoxicant in both Africa and Asia it was primarily used for its industrial purposes in

Europe.12 Marijuana eventually made it to South America in the 1700’s via the slave trade

and soon became a very popular intoxicant with the indigenous population.13

The first record of marijuana being cultivated in the United States was in 1611,

where the settlers at Jamestown cultivated it. It was an important crop for early settlers,

9
Industrial Uses, Campaign for Restoration and Regulation of Hemp (2009), available at
http://crrh.org/cannabis/industrial.html.
10
Ralph A. Weisheit, Domestic Marijuana: A Neglected Industry 11 (Greendwood Press
1992).
11
Id at 12
12
Id at 13
13
Id at 14
because it could be made into rope and cloth.14 Compared to cotton, hemp is softer,

warmer and had three times the tensile strength, which made it a highly desirable product

the world over.15 Hemp remained a cash crop in the US until the Civil War, at which time

it became cheaper to import the crop. However, hemp was still produced in the US until

the Marijuana Tax Act was passed in 1937.16 Later on I will discuss the controversy

surrounding this act.

Industrial Use
Though marijuana is now almost exclusively thought of as a drug, for thousands

of years that was only part of its allure. Hemp is derived from the plant species known as

Cannabis sativa L., which consists of such varieties as Cannabis sativa Sativa and

Cannabis sativa Indica. There are two separate parts of the hemp plant, each used for

different products. Bast, the fibrous part, is used to make things ranging from rope to fine

lace. After the fiber has been removed, a woody substance called hurds remains. Hurds

are used to make products ranging from dynamite to cellophane.17

Hemp is the strongest naturally occurring fiber known to man. Currently there are

25,000 known uses for hemp.18 As noted above it can be used for fiber, paper, and cloth.

But what many are unaware of its other industrial uses. Prior to the advent of petroleum-

based products hemp was used to make diesel fuel, oil for lamps and industrial lubricants,

14
Id at 15
15
Weisheit, supra note 10, at 11.
16
Id at 15. The ban was temporarily lifted during WWII to help with the war effort. At
the time hemp was still being used for canvas, oil for lubrication, rope, and other fiber-
based products. Prior to ban was lifted the US got most of its hemp from Japan and the
Philippines, which due to the war had been cut off. Id.
17
Industrial, supra note 9.
18
Hemp Facts: Fuel, Food, Fiber, Medicine, Industry Hempcar Transamerica (2009),
available at http://www.hempcar.org/hempfacts.shtml.
and can be used as a substitute for petroleum in making plastics.19

Until 1883, between 75 and 90 percent of all paper used in the world was made of

hemp. Additionally, prior to the advent of nylon fiber almost all rope was made of hemp

fiber. Further, nearly every sail on a boat was made from hemp fiber.20

As mentioned above hemp can be used to create diesel fuel. The diesel engine

was invented in 1894 by Rudolph Diesel and ran on hempseed oil. Petroleum based

diesel would not be synthesized until about 1913.21 Due to it being cheap, and at the time

readily available, petroleum based diesel became the prevalent form of diesel the world

over. Rudolph Diesel had originally intended his invention to be used with bio-diesel

allowing anyone to be able to produce his or her own fuel. However, this dream died with

him and petroleum became the dominant fuel source for diesel engines.22

Composite materials, though not new to modern Americans, were a marvel of

science at the turn of the 20th century. In 1942, Henry Ford developed a car made of a

hemp-based composite. The composite material was ten times stronger than steel; it was

lighter and cheaper to manufacture.23

Hemp can be also used as a food source. Hemp seeds are high in fatty acids and

high in protein. These seeds can be pressed into cakes or made into an oatmeal-like

substance. It is believed that hemp seed based foods can be of enormous benefit to people

19
The use of hemp to make plastics is a modern advent, though hemp has been used in
composites since the 40’s. Industrial, supra note 9.
20
Weisheit, supra note 10, at 11.
21
History of Biodiesel Fuel, Pacific Biodiesel (2009), available at
http://www.biodiesel.com/index.php/biodiesel/history_of_biodiesel_fuel.
22
Id.
23
Id.
in poverty stricken countries, both as a food and economic source.24

How Marijuana Works

Marijuana is composed of chemicals known as cannabinoids. Cannabinoids are

located in the resin of the plant. The largest collection of the resin is located in the flower

tops of female plants. Levels of different cannabinoids vary from plant to plant and

species to species. The main psychoactive cannabinoid is THC.25

When marijuana is ingested in any form these cannabinoids will eventually bind

to receptors in the brain. Currently, scientists have identified the two most common

cannabinoid receptors in the brain, CB1 and CB2. CB1 is the more prevalent of the two and

are extremely prevalent in the brain. CB1 have been associated with pain reduction and

outnumber morphine receptors 10 to 1. CB2 receptors on the other hand are extremely

prevalent in the immune system and therefore cause an anti-inflammatory response in the

immune system.26

Due to the differing effects each receptor has on a person’s internal systems

scientists are continually working to isolate the different cannabinoids and identify which

receptor they will affect. By doing so, scientists are able to isolate the specific effect they

want, while removing undesired side affects.

Medical Use
The earliest recorded use of marijuana as a medicine was in China. Emperor Shen

Nung touted the healing properties of marijuana. This record dates to 2700 B.C.E. At the

time marijuana was drank in a tea, not smoked, and was used to treat more than 100

24
Hemp Facts, supra note 18.
25
Alison Mack & Janet Joy, Marijuana As Medicine? 28 (Nat’l Acad. Press 2001).
26
Id.
different ailments such as gout, rheumatism, malaria, and absentmindedness.27

Contemporaneously marijuana was being used in India as well for medical

purposes. In India, marijuana was prescribed as a sleep aid, an appetite stimulant, to

promote digestion, and as a pain reliever.28

Additionally, modern man was not the first to weigh the pros of marijuana as a

medicine and the cons of marijuana as an intoxicant. During, the fifteenth century

Muslims debated the use of hashish (marijuana resin) as medicine and its use as a drug.

The Koran bans the use of alcohol, because of its intoxicating effect. Some Muslims

believed that hashish should also be treated like alcohol and banned. However, others

believed hashish was a potent medicine with many benefits. As a compromise Muslims

decided that if used, as medicine, hashish was fine. However, if used as an intoxicant one

could be subjected to a whipping.29

Though used for centuries in the Far East and Africa, marijuana was not used as a

medicine in western civilizations until the mid-19th century. An Irish doctor by the name

of O’Shaughnessy was one of the first western doctors to use marijuana as medicine.

O’Shaughnessy used it to treat both muscle spasms and pain. He also reported success in

treating the often fatal vomiting and diarrhea, common symptoms of cholera.30

By the 1860’s physicians state side were successfully using marijuana extracts to

treat chronic cough, gonorrhea, and pain, amongst other problems. By the 1930’s two

American pharmaceutical companies were distributing a standardized extract from

27
Mack, supra note 25, at 14.
28
Id.
29
Id at 15.
30
Id at 16.
marijuana to be used as an analgesic, an antispasmodic and a sedative.31

However, this was a short-lived phenomenon. Powerful pharmaceutical

companies, which had started to manufacture both aspirin and barbiturates in the 1930’s

sought to corner the market. These companies threw their support behind Hearst and

Anslinger in an effort to see the herbal alternatives to their drugs banned32.

The advent of petroleum based products, the use of marijuana for recreation

amongst Mexicans and Jazz musicians, and the advent of new age drugs created the

perfect environment to push marijuana into the realm of the illegal. In 1937, the

Marijuana Tax Act was passed, effectively banning marijuana cultivation. In 1942,

marijuana was removed from the United States Pharmacopoeia, because it was

considered harmful and addictive.33

Marijuana has since been classified as a Schedule 1 substance. Schedule 1 drugs

are believed to have no medical use and are highly addictive. Though classified as having

no medical benefit, users as well as many scientists argue otherwise.34

Many have praised the effects marijuana has had on both cancer and AIDS

patients. Marijuana is used, in these cases, to ease nausea, pain, and wasting. Its use

promotes appetite and has proven quite effective35. Additional, a THC synthetic marketed

as Marinol has been approved by the FDA as a pain medication and has seen some

success in its applications36.

31
Mack, supra note 25, at 17.
32
Peter Guither, Why is Marijuana Illegal? (DrugWarRant.com 2009), available at
http://www.drugwarrant.com/articles/why-is-marijuana-illegal/.
33
Mack, supra note 25, at 17.
34
Id at 19.
35
Id at 21.
36
Marinol, RxList The Internet Drug Index, available at http://www.rxlist.com/marinol-
 However, the use of medical marijuana is not without its side effects. Which

range from minor intoxication, problems associated with smoking37, paranoia, anxiety,

and an array of other psychological affects. However, what drug is not without its side

effects. Opiates get people very high, to the point that users become utterly unproductive.

Other drugs may cause side effects such as suicide or hair loss. There are countless drugs

legally prescribed despite their adverse problems.38

How Marijuana Became Banned

If marijuana or hemp, as many refer to it, is such a miracle crop with almost

endless uses, why is it illegal? As noted above, the end of legal marijuana use in America

came about due to the Marijuana Tax Act.39 This act required anyone growing hemp to

get a permit, which would not be issued unless one was growing hemp. This created a

catch-22; one could not grow marijuana without a permit and one could not get the

permit with out proof they were growing hemp. But if hemp was such a useful plant, why

ban it? The answer is simple. Hemp was banned because it was a versatile plant.

In the early 1900’s, the U.S. saw an economic boom fueled by three major

industrial fields: petroleum, lumber, and steel. All three of these fledgling industries were

directly threatened by marijuana’s many uses. As the heads of these industries, Dupont,

Hearst and Mellon put all their support behind a marijuana ban.40

drug.htm.
37
Studies have begun to show that marijuana may have properties that may inhibit cancer
growth. However, marijuana when smoked can still lead to emphysema, bronchitis and
other upper respiratory problems. Marijuana Cuts Lung Cancer Tumor Growth In Half,
Study Shows, Science Daily, Apr. 17, 2007, available at
http://www.sciencedaily.com/releases/2007/04/070417193338.htm.
38
Mack, supra note 25, at 23.
39
See above at 9.
40
Jack Herer, The Emperor Wears No Clothes ch. 4 (Ah Ha Pub. 1998).
 Also, at the time, the U.S. began to see a major influx of Mexican migrant

workers, who frequently smoked marijuana. The Mexican’s in the U.S. were viewed with

denigration, and were demonized throughout the country. Though one of the most

demonized groups, anti-marijuana activists also began to associate marijuana with other

undesirables such as black people, jazz musicians and other seedy artists41.

At the time the head of the Bureau of Narcotics was man named Harry Anslinger.

Anslinger was a vehement racist who used drug laws to target and imprison members of

minority groups, in particular Mexicans and Blacks. Hearst owned the largest news

company in America. With Hearst’s help, Anslinger was able to have stories printed

about the ills of marijuana, so called refer madness. These stories claimed that when

people smoked marijuana they would go on wild murder sprees or that white women

would smoke marijuana then sleep with Mexicans or Black men. Though not one story

printed by Hearst contained a shred of truth, they were accepted as fact by America for

many decades to follow.42

Other industrial tycoons threatened by hemp’s many uses, also helped support an

initiative to ban marijuana. The passage of the Marijuana Tax Act was the culmination of

this effort.43

Is Hemp a viable alternative?

As I have indicated above, there are many uses for hemp. However, are these uses

more environmentally sound than the current ones, and are they more economically

41
Weisheit, supra note 10, at 21.
42
Guither, supra note 32.
43
Id.
sound than current methods? In general the answer is yes.

One acre of hemp can produce as much fiber as two to three acres of cotton.

Hemp fiber is much stronger and softer than cotton44. It lasts twice as long as cotton and

unlike cotton, hemp does not grow mildew. A handful of companies, outside the U.S.,

currently manufacture products that are made from 100% hemp.45

Cotton can only grow in moderate climates and requires more water than hemp.

Hemp, however, is frost tolerant and requires only moderate amounts of water.

Additionally, hemp can grow in almost every country in the world. Cotton requires

immense quantities of pesticides and herbicides, which amount to half of the world’s

consumption pesticides and herbicides. Hemp on the other hand requires no pesticides, no

herbicides, and moderate amounts of fertilizer.46

It takes years for trees to reach a mature age, suitable for harvest as lumber. Hemp

on the other hand is ready for harvest after only a four-month period. As noted above,

hemp can grow in almost any climate on earth. Tree farms, on the other hand, require

large tracts of fertile land and temperate climates. Harvesting hemp over trees would also

prevent erosion due to logging, thus reducing topsoil loss and water pollution caused by

soil runoff.47

44
Hemp: The World's Most Beneficial Natural Resource? Amazing Facts About An
Amazing Plant, Hempcar Transamerica (2009), available at
http://www.hempcar.org/untoldstory/hemp_2.html.
45
Id.
46
Id.
47
Id. Trees massive root systems are responsible for holding soil in place, when removed
the soil loses its hold. Hemp root systems do minimal damage when removed from the
ground. Additionally, new hemp root systems can take hold much quicker then a new tree
root system. Rhett A. Butler, Erosion and its Effects (Mongbay 2006), available at
http://rainforests.mongabay.com/0903.htm.
 One acre of hemp can produce as much paper as two to four acres of trees. Global

demand for paper will double over the next 25 years. At the current rate, there are not

enough trees on earth to support the demand for paper. Hemp is the most promising

alternative source of paper.48

The quality of hemp-based paper is also far superior to tree-based paper. Hemp

paper can last hundreds of years without decaying49, can be recycled more easily than

tree-based paper, and requires less toxic chemicals in the manufacturing process than

does paper made from trees50.

Hemp also has many uses in green architecture. Hemp can be used to make a

fiberboard that is stronger and lighter than a wood equivalent. Hemp based fiberboard is

also fire retardant. Substituting hemp fiberboard for lumber would further reduce the

demand on our forests. Additionally, insulation can be made of hemp. Though not suited

for all insulation needs, when applicable, hemp can be more efficient than a fiberglass

based alternative. Additionally, it is cheaper and does not require special gloves and

facemasks to install. Lastly, as with all hemp based products it is biodegradable.51

Hemp can also be used to produce strong, durable and environmentally friendly

plastic substitutes. Thousands of petroleum-based products can be made from hemp-

48
Hemp, supra note 44.
49
Many documents dating from the revolutionary war, including copies of the declaration
of independence were printed on hemp paper. All these documents are in far better
condition than a paper document from the same period. Weisheit, supra note 10, at 11.
50
The bleaching and treating of both paper and cotton are the two of the top causes of
water pollution in the world. Hemp based products require less treatment if any at all
because the pulp or fiber used is already of a white nature. Laura Perdomo, Alternative
Sources of Fiber, available at http://sustaineugene.org/fiber.html.
51
Susan Wilson, Another Green Insulation Uses Hemp, Tech.Blorge, Feb. 23, 2009.
Available at http://tech.blorge.com/Structure:%20/2009/02/23/another-green-insulation-
uses-hemp/.
based composites. Mercedes Benz of Germany has recently begun manufacturing

automobile bodies and dashboards made from hemp-based composites.52

Hemp seeds contain protein that is more nutritious and less expensive to produce

than soybean protein. Further, hemp seeds are not intoxicating. Hemp seeds can also be

used to make almost any soy based product such as tofu, veggie burgers, butter, cheese,

salad oils, ice cream, milk, etc. Hemp seed can also be ground into flour that can be used

to make baked goods such as pasta, cookies, and breads.53

Hemp seed can also be used to make oil. This oil can be used to make non-toxic

diesel fuel, paint, varnish, detergent, ink and lubricating oil. Hemp seeds can account for

up to half of a mature hemp plant’s weight. Thus making hemp seeds a viable source for

many oil-based products.54

Not unlike corn, hemp can be converted into a clean-burning ethanol fuel. Hemp

produces more biomass than any plant species that can be grown in such a wide range of

climates and locations, making hemp a great source of ethanol fuel.55

Wild hemp plants, in the millions, currently grow throughout the U.S. Wild hemp,

like industrial hemp, has no drug-like properties because of its low THC content.56

Hemp is a clear and viable alternative to every major environmentally damaging

52
Dale Brosius, Natural Fiber Composites Slowly Take Root, Composite Technology,
Feb. 1, 2006, available at
http://www.compositesworld.com/articles/natural-fiber-composites-slowly-take-root.aspx
53
Lynn Osburn, Hemp Seed: The Most Nutritionally
Complete Food Source In The World, I Hemp Line J. 14, 14-15 (1992), available at
http://www.ratical.org/renewables/hempseed1.html.
Hemp, supra note 44.
54
Id.
55
Id.
56
Id.
industry in this country, yet it still remains banned. It seems that hemp’s potential uses

are limitless. That coupled with the fact that hemp can grow in almost any climate or

location makes hemp one of the most useful natural resource at mankind’s disposal. The

Obama administration is stressing how important it is that we not only cut our

dependence on foreign oil/nonrenewable energy, but also reduce or environmental

footprint. However, no effort has been made to legalize marijuana in any form, whether

entirely or just in its industrial forms.

New Medical Studies

Until recently, most marijuana medical studies were either case studies or based

on other anecdotal evidence. However, many scientists and doctors are beginning to

isolate different chemical components of marijuana to obtain quantitative data on the

medical uses of marijuana. Unfortunately, many studies lack clinical data due to

restrictions on access to high quality marijuana, limited availability of funds, and strict

regulation.57

Though there is a lack of clinical data, scientists, nonetheless, have been able to

conduct biological studies. Scientists in these studies isolate a specific symptom such as

nausea or pain and try to find the biochemical cause of said symptom. Then scientists try

and determine if any chemical property of marijuana can interrupt that process.

And this is where California’s medical marijuana differs from true medical

marijuana. In California, if people have medical marijuana cards, they can purchase,

possess and imbibe marijuana. However, unlike most medicines, marijuana has no set

dosage for specific ailments. Further, marijuana is not standardized like aspirin.

57
Mack, supra note 25, at 24.
Marijuana can have varying levels of cannabinoids; aspirin however, is the same from

pill to pill.58 And that is where real medical marijuana differs from the California model59.

Most medical studies being conducted now use specific doses, using isolated

chemicals found in marijuana, or processed marijuana (hashish), which unlike the plant is

uniform throughout. Additionally, the current California system provides no quality

control. Marijuana like most plants can grow mold, which can cause problems if smoked.

Standardization and quality control can remedy this problem. When talking about

marijuana there has been a push lately to explain the difference between Medical

Marijuana and the decriminalization of marijuana for medical purposes.60

One new study has shown promise for using marijuana to treat the H1N1 virus.

Interestingly, the flu does not kill people, our immune systems do. The immune system

causes most of the symptoms associated with the flu, including a rise in body

temperature, aches and other inflammatory responses. These rises in inflammatory levels

can lead to death if unchecked. For years it has been recognized that marijuana is an

immuno-suppressor. Due to this quality it has been recommended that the sick or those

who might get sick not smoke because of an increase risk of infection. However, what

affect will marijuana have on the system after one has contracted the flu virus? Some

58
David Downs, Is Cutting-Edge Marijuana Lab the Future of Legitimate Pot?, East Bay
Express, March 5, 2009, available at http://www.alternet.org/drugreporter/130163?
page=1.
59
I am of the opinion and am not alone in this belief that California’s medical marijuana
laws are doing the field a disservice. California’s policy is not a medical policy but de
facto legalization. Any Joe Shmoe with an “ailment” can get a card and smoke weed
without fear of prosecution. As libertarian I have no problem with people being able to
smoke weed in the privacy of their own home. However, calling what California does
medical marijuana does the field harm, by detracting from real medical work.
60
Downs, supra note 58.
studies are starting to show that the affect is actually quite positive. People treated with a

marijuana analog show less severe reactions to the virus and improved functioning while

ill.61

Currently, one of the more common reasons for marijuana use is to treat pain.

Specifically pain associated with often life long or life altering disease (AIDS, diabetes,

Multiple Sclerosis, arthritis, etc.). The pain associated with these diseases is commonly

referred to as neuropathic pain, which is resistant to most conventional treatments, even

strong opiates such as Oxycontin. However, new research has shown that marijuana has

been effective in reducing pain where other drugs have failed.62

Autism in America is currently on the rise. Autism not only affects the lives of

those with the disease but their families as well. Children with Autism can become

violent, develop odd compulsions and have problems with social interaction. In some

cases these symptoms can be severe. Recently, parents who have exhausted all means of

regulating their Autistic child’s behavior have turned to marijuana. A few case studies

have shown promise. In these studies, children were provided with a small amount of

marijuana in edible form. The children in these studies experienced almost immediate

improvement, with violent outbursts stopping. Though only a case study, it has shown

promise. More research is needed to determine the actual level of reduction in certain

behaviors and determine any adverse affects.63

61
Michael Krebs, Medical marijuana as protection against the H1N1 swine flu virus?,
Digital Journal, Aug. 3, 2009, available at http://www.digitaljournal.com/article/276928.
62
Lester Grinspoon, Marijuana Gains Wonder Drug Status, Boston Globe, March 3,
2007, available at I http://www.alternet.org/drugreporter/48749/.
63
Should Medical Marijuana Be Used to Treat Kids With Autism?, To Protect and Serve
Opposing Views, Nov. 17, 2009, available at
http://www.opposingviews.com/articles/news-should-medical-marijuana-be-used-to-
 The most promising development in the medical marijuana field has been the

AMA suggestion that marijuana be removed from the schedule one class of drugs.

Schedule one drugs are considered to have no medical value. The AMA is of the belief

that more research needs to be conducted on the use of marijuana. Due to its current

classification, this is just not possible. Though recommending further medical research,

the AMA is still wary of the inherent problems associated with smoking.64

WHY KEEP MARIJUANA BANNED

There are many arguments from many different groups to keep marijuana illegal.

The arguments range from the intoxicating qualities, health problems associated with

marijuana, to dependency issues. However, to what extent are these concerns real and to

what extent are they a stretch of the truth to perpetuate the demonization of the plant?

Marijuana and the Brain

One of the prominent side effects targeted by anti-marijuana activists is

marijuana’s affect on cognitive ability. A study conducted by the National institute on

Drug Addiction showed that students who smoked marijuana had impairment related to

memory, attention and learning for 24 hours after using marijuana. Additionally, the

study showed that will high participants showed a reduction in reaction time and motor

control.65

While these studies have shown that marijuana can impair one’s ability to focus

treat-kids-with-autism-r-1258479663.
64
Carina Storrs, The AMA Eases it Stance on Marijuana, Scientific America, Nov. 17,
2009), available at http://www.scientificamerican.com/blog/post.cfm?id=the-american-
medical-association-ea-2009-11-17.
65
Marijuana Myths & Facts, Off. of Nat’l Drug Contr’l Pol’y, at 3 & 4, available at
www.ncjrs.gov/ondcppubs/publications/pdf/marijuana_myths_facts.pdf.
or listen, other studies have showed that use of marijuana causes an increase in brain

activity in the frontal lobe. The frontal lobe is responsible for abstract thinking amongst

other things. Though studies have not proven it definitively, there is evidence to suggest

that marijuana may be helpful in situations that involve abstract thinking.66

Though there are studies showing that marijuana inhibits one’s ability to learn,

there are other studies that show otherwise.67 This only reinforces my thesis that more

research is needed on the cognitive affects of marijuana.

The one thing that both sides agree upon is that marijuana affects motor control

and reaction time. However, so do alcohol, Benadryl, and many other prescription drugs.

Yet, they are legal, despite coming with the caveat that one not engage in the use of

motor vehicles or the use of heavy machinery while using the substance. So, yes it is

unsafe to smoke pot and drive. However, it is also unsafe to use a cell phone and drive or

eat a cheeseburger and drive. Should we therefore ban cheeseburgers? No, we must

simply limit one’s ability to drive while performing other tasks.68

Another major concern is the affect of marijuana on the developing brain or more

simply the affect on the ability to study. Yet, none of this really matters for one simple

reason. No marijuana activist is arguing that teens or children should be allowed to use

marijuana. The argument that marijuana maybe harmful for children is a valid one, but

keeping it illegal for adults does not seem like a rational reaction. Alcohol can severely

66
Mack, supra note 25, at 59.
67
Marijuana's Impact On Brain Function 'Minimal,' Study Says, eNews Park Forest, July
30, 2009, available at http://www.enewspf.com/index.php?
option=com_content&view=article&id=9228:marijuanas-impact-on-brain-function-
qminimalq-study-says-&catid=88888904&Itemid=88890012.
68
Mack, supra note 25, at 60.
impair brain development and cognitive abilities. However, it is legal, just not for kids.

The same should be true of marijuana.69

There have been many studies conducted on the use of marijuana and the

development of mental disorders. Many studies in this area have abused the statistics to

misrepresent the affects marijuana has on the human brain.

For instance the National Survey on Drug Use and Health reported that adults

who use illicit drugs are more then twice as likely to develop serious mental illness later

in life. Other studies show that teens are more likely to develop suicidal thoughts or

depression than those who don’t use marijuana. One study stated that users of marijuana

were more likely to develop schizophrenia.70

However, these facts are simply not true. The problem with many statistics is that

they use correlations to show cause. A correlation only shows a link or relationship

between factors and cannot be used to show causation. Many studies use data collected

that shows a positive trend between drug abuse and mental illness. However, the drug use

may not be the cause. Many people with mental illnesses or those with predispositions to

certain mental illnesses use drugs as a form of treatment prior to diagnosis. Though those

who have a mental illness have a higher instance of drug use, the drugs are not the cause

of those illnesses.71 One needs to read statistical comparisons carefully. If one sees the

term associate, correlation (or any derivative), or likelihood one needs to know there is

not a proven causal relationship.72

69
Marijuana, supra note 65, at 4.
70
Id.
71
Mack, supra note 25, 59.
72
For instance many studies like to hang on the association of marijuana with
unemployment, job performance and sexual partners. However, marijuana is not the
 Further, studies that show marijuana can induce psychosis-like states need to be

discounted. For one, most of the studies produce such a varying degree of symptoms that

it is virtually impossible to link any one specifically to marijuana. It has been pretty much

agreed upon that marijuana use without a predisposition to mental illness will not

produce psychosis. The belief that marijuana alone can cause psychosis is unborn by the

facts. Many different stimuli can cause one to slip into psychosis, if there is a genetic

predisposition. Marijuana may happen to be merely one of many stimuli.73

Lastly, many would like you to believe that chronic marijuana use can have

severe long-term affects on the brain. Though this used to be a commonly held belief,

modern studies on habitual users have shown that when a user stops, even a chronic user

functions just as well as non users on cognitive tests, after a few months. Further, brain

scans have shown no lasting changes in brain functioning or chemical levels.74

Marijuana and the Respiratory System

In this day and age it is simply impossible to argue that smoking anything is not

bad for you. Smoking marijuana or tobacco has been linked to emphysema, chronic

bronchitis, and respiratory infection. Though there is some research to suggest that

marijuana may lead to an increase in lung cancer, for the most part these studies fail to

account for other factors, such as genetic predisposition and tobacco use, amongst other

cause. In most cases there is an underlying issue that cause both symptoms. For instance,
teens who are likely to engage in sex at an early age or other risky behaviors are more
likely to use pot. It is not that the pot that causes the behavior. It is an underlying issue
that drives the teen to act out. The cause can be anything from problems at home to early
signs of some mental illnesses. I could conceivable spend an entire paper on marijuana
statistics alone and strongly urge readers to check statistical sources before making
conclusions based on the stats.
73
Mack, supra note 25, at 61.
74
Marijuana’s Impact, supra note 67.
things.75 Unfortunately, there is no definitive answer to this question. One study shows

that marijuana smoke may actually inhibit cancerous cell growth76, while others suggest

that marijuana smoke like tobacco smoke alters one’s DNA allowing for cancer growth.77

Whether or not smoking marijuana causes cancer is really a moot point, simply because

marijuana can be imbibed in many fashions such as vaporization, sublingually, or cooked

into food.

The real question then becomes does marijuana increase one’s risk of developing

cancer or is it simply the smoke? The one thing that can be said for certain is that tobacco

whether smoked or used in smokeless forms still causes cancer.78 However, the same

cannot be said about marijuana. Not one study has shown marijuana is cancerous rather

that smoking may cause cancer. While more research needs to be done, early studies are

showing that when vaporized marijuana produces very little toxins associated with any

respiratory problem.79 It seems that the major health concerns that can be linked to

marijuana are the same health concerns that can be linked to any organic compound that

is smoked.

Addiction

75
Mack, supra note 25, at 40-43.
76
Fred Gardner, Smoking Marijuana Does Not Cause Lung Cancer, O’Shaughnessy’s,
Aug. 28, 2009, available at
http://www.alternet.org/drugreporter/142271/smoking_marijuana_does_not_cause_lung_
cancer/.
77
Marijuana Damages DNA And May Cause Cancer, New Test Reveals, Science Daily,
June 15, 2009, available at
http://www.sciencedaily.com/releases/2009/06/090615095940.htm.
78
Smokeless Tobacco and Cancer: Questions and Answers, Nat’l Cancer Inst., May 30,
2003, available at http://www.cancer.gov/cancertopics/factsheet/Tobacco/smokeless.
79
Marijuana Vaporizer Provides Same Level Of THC, Fewer Toxins, Study Shows,
Science Daily, May 16, 2007, available at
http://www.sciencedaily.com/releases/2007/05/070515151145.htm.
 A lot can be said on the issue of marijuana addiction. Recent studies have shown

that marijuana has addictive qualities. It creates dependence through tolerance, positive

reinforcement (makes one feel good) and has undesired withdrawal symptoms. However,

not everyone who smokes becomes a habitual user. Of those who have tried marijuana

only nine percent reported becoming dependent, compared to fifteen percent of alcohol

users and thirty-two percent of tobacco users. So, while it may have addictive qualities, it

poses less of chance of dependence than some legal substances. Further, from a medical

standpoint many prescription drugs used today are highly addictive (opiates and

benzodiazepines), yet they are legal when used properly.

PROJECTED REVENUE AND JOBS CREATED BY A

LEGAL MARIJUANA CROP
California is a state known for many things, one of which is its marijuana.

California’s largest cash crop is not nuts, avocados, or wine but marijuana. It is projected

that marijuana generates approximately fourteen billion dollars in annual revenue.

Revenue that goes untaxed!80 By some estimates California’s debt may hit twenty-eight

billion dollars by 2010.81 Since marijuana is currently illegal, California cannot tax it.

They can tax sales made by medical marijuana dispensaries, but cannot place a sin tax on

it, like tobacco, or tax the illegal sales that dominate the market. If marijuana was made

legal, it could be taxed just like tobacco. In California, a ten percent tax could net the

state 1.4 billion a year in taxes.82 This is just a conservative estimate. If legalized,

80
Joe Klein, Why Legalizing Marijuana Makes Sense, Times, Apr. 2, 2009, available at
http://www.time.com/time/nation/article/0,8599,1889021,00.html.
81
Analyst: California's Debt May Reach $28B By 2010, Ass’d Press, Nov. 11, 2009,
available at http://cbs2.com/consumer/California.Debt.Budget.2.861679.html.
82
Klein, supra note 80.
production might skyrocket creating even more revenue.

This is also just the number for one state and just for sale as an intoxicant. Some

estimates put the nationwide total of taxable revenue at approximately 6.7 billion dollars

in sales alone.83 This does not take into account the money saved by not prosecuting

marijuana users. (Nor the incredible sums spent annually on incarcerating convicted

marijuana growers and traffickers.) Nor does it take into account the revenue that could

be generated from the sale and manufacture of hemp based products.84

Further, there is the matter of job creation. As noted above marijuana can be

cultivated almost anywhere by almost anyone. There would be a demand for farmers to

start growing marijuana both for its medicinal/recreational use and for its industrial uses.

There are currently no projected job numbers available for if and when marijuana would

become legal. However, let’s just take a look at the jobs that would be needed: farmers,

processors, distributors, transportation, manufactures (hemp based products), stores to

sell both marijuana and hemp products, further research into uses both industrial and

medical, just to name a few. It seems that the limit of the number of jobs that could be
83
Timothy Lutts, The Economics Of Legal Marijuana, Cabot Wealth Advisory, Oct, 29,
2009, available at http://www.cabot.net/Issues/CWA/Archives/2009/10/Al-Capone-
Barack-Obama.aspx.
84
Unfortunately, it is quite hard to calculate the amount of revenue that could be
generated by industrial hemp in the U.S., since there is no market. Though estimates have
been made based upon current import trends of hemp and other countries production
levels. However, these numbers vary from no profit per acre to $800 dollars per acre. The
real truth of the matter is this, unless the U.S. makes a conscious effort to replace less
environmentally friendly alternatives with hemp based products, the crop will not reach
the level of profitability that is needed. There is also the major issue of forcing other
crops or products out of the market. Yes, there is money in hemp, but in order to see
significant gains there would need to be a reduction in production levels for other crops,
such as lumber, cotton, or petroleum. The real question then should not be how profitable
is hemp compared to other products, but how profitable is hemp coupled with its
environmental impact verse other alternative products. Industrial Hemp in the US,
USDA, Jan. 2000, available at http://www.ers.usda.gov/publications/AboutPDF.htm.
created depends only on the extent to which we as a country decide to utilize the

marijuana plant.

The real question should be not how many jobs marijuana’s legalization could

create, but are we willing to keep marijuana illegal and forgo the jobs it could create

regardless of the amount of jobs actually created. Whether its 300 or 300,000 jobs, this

country needs to create new jobs and this is a proven industry.

LEGALIZATION AND REGULATION

I believe that marijuana should be legal in all forms. That people should have to

right to choose whether or not they want to engage in activities that may have a

detrimental affect upon them. However, I also feel that if people choose to use marijuana,

or any drug for that matter that it should be of good quality and purity. It is for that reason

that we need the government to step in and regulate marijuana production, and why it

should be legalized.

Though the focus of my paper is on the benefits of industrial and medical

marijuana, I believe the only viable way to achieve this goal is through an outright

legalization of marijuana in all forms. To waste man-hours investigating whether the

marijuana is industrial or medicinal verses recreational is just unfeasible. It is for this

exact reason that industrial hemp is illegal, because the government does not wish to

waste man-hours making sure marijuana is not being grown when it should be hemp85.

However, what is needed for the government to effectively regulate a legalized

marijuana industry? Since marijuana can be both used as an agricultural product,

85
Industrial hemp and marijuana are identical in appearance and can only be
differentiated by testing the THC levels. Industrial Hemp, supra note 84.
industrial product, medicine and intoxicant, there arises the question of who will regulate

it. As an intoxicant the ATF would most likely have some regulatory power. If it were

medical the FDA would most certainly be involved. The IRS would be involved on the

tax level both for sales and sin tax purposes. The Department of Agriculture too would

have claims to the regulation of who and how much marijuana could be grown. With all

these agencies having a legitimate interest in the regulation of marijuana there would

most certainly be an overlap of power. This could lead to confusion amongst farms,

doctors and users of marijuana.

Currently, there is no analog to marijuana in the U.S. Therefore, there is no

system in place that could easily be extrapolated to the newly legalized marijuana. Most

likely a new government agency would have to be created to oversee the management

and regulation of marijuana cultivation as well as collaborating with other government

agencies; namely the FDA, the IRS, the ATF, and the Dept. of Agriculture. It would be

the job of the agency to set quality control standards, regulate pricing, taxing and

numerous other issues that are certain to arise. This agency would work in conjunction

with other governmental agencies to come up with the best course of action to deal with

taxing, quality control, manufacturing regulations and cultivation amounts.

This however is a major undertaking, an undertaking that may not at first be

suited for a countrywide program. As mentioned, there is no infrastructure in place to

deal with newly legalized marijuana. Establishing a national program to regulate

marijuana seems like a major undertaking. Though it may be problematic for the federal

government, state and local governments may be better suited to handle overseeing
marijuana use and cultivation. By declaring a nationwide moratorium86 on marijuana

prosecutions each state could adopt a program to regulate and oversee marijuana use.

This way after a few years the federal government could see which programs work,

which programs don’t, and then make a more informed decision on how the federal

government could handle marijuana legalization.

For the most part the industrial and medical would have the fewer impediments to

establishing a system to deal with products. However, marijuana as an intoxicant has one

key flaw, how does one tax and maintain the quality of marijuana? Ideally, everyone

would just buy marijuana like alcohol or tobacco; from a licensed distributor who ensures

quality and that the proper taxes are being paid. And just like tobacco or alcohol,

marijuana growers would need to obtain permits, would need to have their product pass

quality control87, and pay taxes. However, unlike tobacco and alcohol there would most

likely be more marijuana users who would wish to grow their own marijuana (most likely

due to the ease of production over tobacco and alcohol). While the issuing of permits88

for tax purposes could easily be handled, how does one handle the issue of quality

control?

One avenue would be that only those who wish to sell it would have to have it

86
Many states over the last decade have issued moratoriums on the death penalty to better
evaluate the system. It is my opinion that a similar moratorium may allow states to better
evaluate their stances on marijuana.
87
For instance, there are a few types of molds that can grown on marijuana that are not
good for the lungs when smoked. There is also the issue of growers placing adulterants
on the plant to enhance the high of a poor crop. Downs, supra note 58.
88
Though easy to issue the permit and determine if someone is growing without a permit,
should a cap on permits to grow marijuana be set. Just like corn and wheat productions
are controlled by the government to keep prices stable, the same problem would be at
issue if marijuana production reached substantial levels.
inspected. Another alternative would be that all marijuana would be turned over to

government run dispensaries that would screen the marijuana for quality control purposes

and then in turn sell it throughout a set area. Those who bring their marijuana to these

centers to be screened would then be issued either credit for the amount brought in that

could be used to purchase marijuana from any authorized distributor or paid the cash

equivalent. Therefore it would not restrict those who would grow for personal use but

might still want to sell to others. However, this too seems like a major undertaking and

may not be feasible.

Alternatively, growers would be responsible for maintaining the quality of the

product and be subject to inspection to make sure the crop is of sufficient quality and

purity.

Though many of these questions can be dealt with in a fairly orderly fashion many

of these problems can only be solved by an actual trial at running a state or countrywide

marijuana legalization effort.

Regardless of the initial problems that may arise from the legalization of

marijuana, I am convinced that over time these problems can be easily remedied.

Whatever perceived problems may arise, they are far outweighed by the good that can be

accomplished by legalizing marijuana.