I. Introduction
The legalisation of marijuana internationally, and more significantly in New Zealand, is currently a contentious issue. The legal position of marijuana varies throughout the world, ranging from ‘blanket suppression’ to allowing minor amounts for personal use. In New Zealand, marijuana is governed under the Misuse of Drugs Act 1975. However, despite this, 42% of adults in New Zealand over the age of 15 reported trying it.[1] This raises the question of whether it is beneficial to regulate marijuana, rather than criminalise a drug used by many. This essay will discuss the main strengths and weaknesses towards legalisation of marijuana. Following from the introduction, Part II will examine the advantages of legalising marijuana which include the use of medicinal marijuana, the possibility of revenue boosts and impact on the justice system. Part III will analyse the disadvantages of marijuana legalisation such as the health effects, the gateway pattern and increased use of marijuana by children. Finally, Part IV will conclude that marijuana should not be legalised.
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II. Strengths of Legalising Marijuana
A. Medicinal Marijuana
Medicinal marijuana is seen as the most notable argument towards the legalisation of the drug. Conditions are usually treated with medicine-grade marijuana, natural marijuana or pharmaceutical drugs that use compounds extracted from the cannabis plant. The plant itself contains a psychoactive chemical called delta-9-tetrahydro-cannabinol (THC) which acts on specific brain receptors.[2] The composition of this chemical in medicine allows users to avoid any adverse effects of marijuana and predicts likely effects through measured doses. According to statistics in New Zealand, over 42% of marijuana users report medicinal use.[3] Although clinical evidence is limited, medicinal marijuana is shown to relieve the side effects of chemotherapy, long-lasting pain, muscle cramps in multiple sclerosis or paraplegia, anxiety and movement problems in Tourette syndrome.[4]
B. Revenue Boost
Moreover, governments are constantly looking for ways to increase their revenue. Supporters for the legalisation of marijuana argue that marijuana sales may be able to increase revenue by taxing trading and distribution of the drug. Business can also be monitored by the government, allowing a culture of liability to be stimulated. Subsequently, this could halt a major revenue stream for illegal drug traders. In 2012, the number of recorded offences surrounding marijuana sales was over 1,750 in New Zealand.[5] Therefore, by creating less profit for drug traders, less violence in the industry surrounding marijuana distribution on the black market, may be a possible result.
C. Improvements in Criminal Justice and Law Enforcement
Advocates for the legalisation of marijuana further state that it could allow for a more economical dispensation of law enforcement resources. Approximately 2,000,000 is spent annually to imprison marijuana users in New Zealand. This does not include any legal, policing, court, probation or social costs.[6] Many believe that legalisation will allow the crime force to attend their money on harsher offences. This also frees time for the judicial system to focus their resources on more important principles that need development in the law.
III. Weaknesses of Legalising Marijuana
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A. Health Effects of Marijuana
Contrary to the impending evidence regarding the benefits of medicinal marijuana, there is substantive documentation of the consequences of the drug if abused. As New Zealand’s most widely-used illegal drug, marijuana causes significant effects in the short and long term. It is mainly dangerous because of its ‘depressive’ nature; marijuana decreases the frequency of messages from the brain to the body. The high can take effect within minutes, but prolong for up to 2 to 4 hours. Short term effects include loss of coordination, impaired thinking and memory, and drowsiness. As the dose increases, short term symptoms can escalate towards paranoia, depression and mild hallucinations. Regular use of marijuana can lead to respiratory disease, similar to that seen in tobacco use, brain impairment, susceptibility to mental health disorders and a weakened immune system.[7]
B. Gateway Pattern
Additionally, ongoing criminalisation of marijuana is supported by the ‘gateway pattern’. This hypothesises that individuals who use marijuana, will more likely progress to more hazardous drugs.[8] A study carried out by Otago University, found an inclination with marijuana users to use other illegal substances, but concluded that causation could not be established.[9] The Health Committee’s 2003 report found that people who used marijuana “more than 50 times a year were 60 times more likely to try other illicit drugs”.[10]
C. Increased Chance of Marijuana Use in Children
Legalisation of marijuana will also allow the drug to become more accessible to younger children. Children do not possess the same responsibility and rational thinking seen in adults. The ease of access could potentially hinder their mental development as their bodies cannot handle the high marijuana creates. In New Zealand, 9% of young marijuana users (aged between 15-24 years) reported that the drug had a harmful effect on their education and employment.[11] Similarly, many studies have found that the high use of marijuana at a young age is associated with an increased risk of educational under-achievement.[12]
IV. Conclusion
The campaign towards the legalisation of marijuana is a reality in many countries. However, without concrete evidence supporting the benefits of medicinal marijuana, potentiality of revenue boosts and improvements in the justice system, the weaknesses of legalisation seem to outweigh the strengths. The health effects of marijuana, the gateway theory and increased use of marijuana in children are far more significant concerns. Without public discussion and thorough research into the advantages, legalisation of marijuana in New Zealand seems to be a foolish decision.
[1] Ministry of Health “Cannabis Use 2012/13 New Zealand Health Survey” (May 2015) <www.health.govt.nz> at 2.
[2] New Zealand Drug Foundation “Cannabis” (June 2011) <www.drugfoundation.org.nz>.
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[3] Ministry of Health, above n 1, at 14.
[4] New Zealand Drug Foundation, above n 2.
[5] Statistics New Zealand “Drug Crime in 2012” <www.stats/govt.nz>.
[6] New Zealand Drug Foundation, above n 2.
[7] New Zealand Drug Foundation, above n 2.
[8] Degenhardt and others “Evaluating the drug use ‘gateway’ theory using cross-national data: Consistency and associations of the order of initiation of drug use among participants in the WHO World Mental Health Surveys” (2010) 108 Drug and Alcohol Dependence 84 at 85.
[9] New Zealand Drug Foundation, above n 2.
[10] New Zealand Drug Foundation, above n 2.
[11] Ministry of Health, above n 1.
[12] M Lynskey and W Hall “The effects of adolescent cannabis use on educational attainment: a review” (2000) 95(11) Addiction 1621 at 1621.
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