Marijuana Should Never Be Legalized- Scott Morse Senior Thesis

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Running head: MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 1 Marijuana: A Controlled Substance Forever Scott Morse Elizabethtown College IDC4900 Dawn Spaar

description

This paper was written as my senior thesis. It was done as a counter argument for the growing number of voices in favor of legalization and why that is not a good idea.

Transcript of Marijuana Should Never Be Legalized- Scott Morse Senior Thesis

Running head: MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 1

Marijuana: A Controlled Substance Forever

Scott Morse

Elizabethtown College

IDC4900

Dawn Spaar

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 2

Abstract

Marijuana should remain a banned substance in the states as it is at the federal level. The

health risks alone, with direct ties to psychosis, memory loss, anxiety and addiction, should

dictate that the drug not be used or legalized. Additionally, the negative impacts on crime and

the ties to drug cartels and crime syndicates place an air of violence and uncertainty around the

industry. As United States banking laws prevent the marijuana industry from doing business

with traditional banks in traditional ways, marijuana has become a cash only transaction.

Current proponent views of the drug as a silver bullet for revenue issues are proving false with

taxation projections falling short of expectations.

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 3

Marijuana: A Controlled Substance Forever

Studies show that marijuana is a highly addictive drug that not only impairs judgment,

but harms the body and creates violence, crime and issues for legitimate businesses. Marijuana

should never be legalized. Currently there are 30 states pushing for the legalization or

decriminalization of marijuana for medicinal or recreational use. (Ross, 2014) Direct reasoning

for consumption is not considered, with medicinal and recreational being treated the same.

A study outlining marijuana uses showed that approximately three percent of the world

population between the ages of 15 and 64 used marijuana at least once in 2008. A separate study

stated that more than 75 percent of illicit drug users have used marijuana. The same study also

showed that more than 60 percent of the illicit drug users used only marijuana (Drugs.com,

2014).

History and Facts

Marijuana – often referred to as weed, pot, dope, reefer, ganja, or Mary Jane – is made

from the seeds, stems and flowers of the cannabis sativa plant (Drugs.com, 2014). The first

recorded reference to marijuana dates back approximately 5,000 years, to around 2727 B.C. in

China. It has been well known throughout history for its use in medicine and other commercial

uses by the Greeks, Romans and the Islamic Empire. (Drug Enforcement Administration

Museum and Visitor Center, 2014) Marijuana was first introduced to the American continent in

1611 by the Jamestown settlers in Virginia. Between that period and 1937, marijuana was used

in medicine. In the 1900s, however, people started to take it recreationally. It was not until 1937

that the Marijuana Tax Act was passed by the United States Government making it illegal. This

illegalization was further expanded in 1951 when the Boggs Act was passed establishing

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 4

minimum sentences for drug offenses. Later in 1970 with the Control Substances Act, the

United States government established the classification schedule we have today for drugs.

Marijuana or cannabis currently resides as a Schedule 1 drug and is considered illegal by

the United States federal government. Schedule 1 drugs are substances with a high potential for

abuse with no current accepted medical use. These drugs are considered the most dangerous or

harmful and show the most potential for physical and psychological abuse. (United States Drug

Enforcement Administration, 2014) While some states have decriminalized the drug for

medicinal use at the state level, the federal government still views marijuana as a controlled

substance. Internationally, the United States has signed a United Nations drug treaty which is

explicitly against the legalization of marijuana. The United States views on marijuana are

slightly more liberal than those of European governments. (Humphreys, 2013)

According to a recent study by Reason, marijuana is currently decriminalized in 24 states

for either medicinal or recreational use. The study also shows an additional 16 states have

legislation pending or ballot initiatives for medicinal, with another five looking to decriminalize

possession in up-coming elections. (Beach & Bennett, 2014) In 2012, Colorado and Washington

became the first states to legalize marijuana possession as well as the recreational use of

marijuana. Colorado began selling marijuana for recreational use to those over the age of 21 in

January 2014. Washington is expected to start recreational sales in June 2014. Maine and

Michigan passed ballot referendums, but state law is assumed to override the initiatives keeping

the drug illegal. (Drugs.com, 2014)

The active ingredient in marijuana used to get high is delta-9-tetrahydrocannabinol or

THC. THC is absorbed into the blood stream either through the lungs when smoked or through

the stomach when ingested with food or drink. When smoked, the absorption is much faster than

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 5

when it is mixed into food or drink. (National Institute on Drug Abuse, 2014) The drug comes in

several forms and the level of THC potency varies from form to form. These forms range from

hashish, which is a resin and smoked, to hash oils, which are mixed with tobacco and smoked, to

the various strains of marijuana that are grown with variations in potency. Marijuana has been

mixed into baked goods like brownies for decades and is now being mixed into candy and given

names close to existing popular candy bars. (Drug Enforcement Administration Museum and

Visitor Center, 2014)

Proponents of Legalization

Legalization of marijuana has a large number of proponents. There are four main

arguments behind the pro-marijuana movement used to create momentum and support for the

legalization of marijuana. The first point begins with the assumed safety of marijuana. They

explain it is very safe and that it is not addictive. The President of the United States is on record

saying that he has smoked pot and views its consumption as a vice with no difference between it

and smoking tobacco cigarettes and considers it safer than alcohol. (Horwitz, 2014) The second

point usually relates to the significant amounts of tax dollars surrounding marijuana. This point

sometimes relates to the significant amounts of tax revenues spent on the inability to enforce

current drug use and prohibition laws versus the vast untapped pool of taxable revenues that

could generate billions of dollars from the sale of legalized marijuana and accessories (Odabasi,

2014).

The third point cited relates to the lack of relationship between marijuana and crime,

citing that marijuana prohibition is similar to alcohol prohibition and the prohibition is what

generates the crime not the substance. (Stimson, 2010) The last point drives home necessities of

the medicinal use of marijuana. Citing its ancient documented history for use in medicine and

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 6

small or non-peer reviewed studies, proponents of marijuana legalization point to eight medical

conditions where patients have seen benefits from the use of marijuana as a medicine. These

conditions are cancer, glaucoma, HIV/Aids, muscle spasms, seizures, severe pain, severe nausea

and wasting syndrome. (Drugs.com, 2014)

Against Legalization

There are mountains of studies and data showing the ill-effects of marijuana. It is widely

proven to be addictive. Marijuana has significant health impacts ranging from respiratory and

cardiopulmonary to mental health issues. Further expanding the reasons against legalization are

the increases in crime that are created from the varied aspects of the marijuana industry and the

many negative impacts on businesses and financial aspects of the community. (Stimson, 2010)

Medical Impacts

While some research indicates there are potential legitimate medical uses for marijuana,

this research has not been approved or backed by the Food and Drug Administration or the

American Medical Association. (Svrakic, Lustman, Mallya, & Lynn, 2012) The negative

medical impacts of marijuana have been widely documented. Adverse effects include addiction,

birth defects, respiratory illness, cardiovascular issues, psychosis, paranoia and other mental

health issues. Often compared to, and linked with alcohol, marijuana’s health effects are vastly

more serious than proponents indicate. (Drugs.com, 2014)

Addictive Nature of Marijuana

Marijuana is classified as a Schedule 1 drug by federal law. Considered to be the most

dangerous, Schedule 1 drugs are those substances with the most potential for serious

psychological and physical dependence. In very dangerous company, marijuana resides on the

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 7

list with LSD, heroin, ecstasy and peyote (United States Drug Enforcement Administration,

2014).

Counter to public thought, marijuana is addictive. A recent Wall Street Journal/NBC poll

showed that young adults thought sugar more harmful than marijuana. The poll asked

respondents to rank the top four most damaging substances. The results showed participants

ranked marijuana last with just eight percent. The top three were tobacco with 49 percent,

alcohol with 24 percent and sugar with 15 percent. (Beach & Bennett, 2014)

Separate research indicates that the marijuana addiction rate is approximately nine

percent. This number jumps to 17 percent as marijuana users start in their youth. This translates

to about one out of every six addicts. The addiction rate soars to between 25 and 50 percent if

marijuana is used daily. When users attempt to quit after long-term usage, withdrawal symptoms

manifest as insomnia, irritability, anxiety, depressed appetite and increased dependence on the

drug. (National Institute on Drug Abuse, 2014)

Frequent early marijuana use has been found to gateway other drug use. This sequence

serves as the most common path to progressive drug use. The sequence and progression is

established in drug use with marijuana as the initial step and leading to more harmful and

dangerous drugs. (Svrakic, Lustman, Mallya, & Lynn, 2012) Drug treatment programs are an

important part of treating and remediating addiction. The United States courts play a significant

role as one of the largest sources for drug referrals. (Beach & Bennett, 2014)

Cardiopulmonary Issues

Smoking marijuana provides direct stimulation to the heart and specifically the cardiac

pacemaker, increasing the heart rate. This makes the ingestion of THC unsafe for cardiac

patients. (Svrakic, Lustman, Mallya, & Lynn, 2012) The heart rate increases between 20 to 100

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 8

percent after marijuana use. The increased heart rate can last for up to three hours and becomes

longer or exacerbates the heart rate if taken with other drugs or alcohol. (Drugs.com, 2014) A

separate study outlined the increased risk of heart attack to almost five times that of a non-

marijuana user, within the first hour after smoking the drug. This risk becomes even higher for

older individuals and those with heart problems such as high blood pressure or heart arrhythmia.

(National Institute on Drug Abuse, 2014)

Respiratory Issues

To start, cigarettes and marijuana share many of the same mutagens and carcinogens.

Where they differ is that marijuana smoke contains 50 to 70 percent more carcinogenic

hydrocarbons than that in tobacco. Marijuana smokers are more inclined to breathe the smoke in

deeper and hold for longer than those who smoke cigarettes. (Drugs.com, 2014) It is important

to note is that lung injury is not reversed with abstinence from marijuana smoking as it is with

that of tobacco. (Svrakic, Lustman, Mallya, & Lynn, 2012) Marijuana smoke irritates the lungs

and frequent use creates similar respiratory issues to tobacco. These issues include smokers

cough, increased phlegm production and lung infections. (National Institute on Drug Abuse,

2014)

Smoking marijuana has shown an increased risk of bronchitis and is linked to pharyngitis,

hoarseness, and breathlessness. Heavier usage results in bullous emphysema and aggravation of

bronchial asthma. Additionally, when compared to tobacco concentrates, marijuana causes more

chromosomal, cytotoxicity, and mutagenicity damage. Studies show smoking marijuana for

medicinal or recreational purposes has the same health impact and should be considered

similarly. (Kashyap & Kashyap, 2014)

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Other Health Related Issues

There are a number of other varied health related issues to include. For patients

diagnosed with HIV/Aids, there is a noted increase in the mortality rate of marijuana users.

Marijuana users diagnosed with fibrosis progression or liver disease see daily marijuana use as

an additional risk factor. Marijuana use is proven to adversely impact or create disruptive effects

on the female reproductive health. Lastly, marijuana use has shown to increase by 70 percent the

occurrence of testicular germ cell tumors. This occurrence increases when marijuana use is

weekly or regular usage started as a youth. (Svrakic, Lustman, Mallya, & Lynn, 2012)

Mental Health Issues

There are many mental health effects of marijuana use. The American Medical

Association produced a report in 2013 that outlined the serious negative impact of marijuana use.

These impairments included loss of IQ, decreased neurocognitive behavior, and increased rates

of anxiety and psychotic disorders. (Beach & Bennett, 2014) Increased psychosis and

schizotypal personality traits are directly linked to long-term marijuana use. (Kashyap &

Kashyap, 2014) Psychosis can manifest as disconnections from reality, delusions and

hallucinations. Marijuana use usually increases when users show symptoms of depression or

anxiety. (Drugs.com, 2014)

THC Impacts the neurophysiological and behavioral systems the same as other addictive

drugs. Marijuana takes over the reward pathway by resetting the thresholds for stimulus to a

much higher level. This takeover process lowers the ability to motivate through natural stimulus

like food, sexuality, and relationships. (Svrakic, Lustman, Mallya, & Lynn, 2012) These effects

on brain functions directly impact the ability to perform complex tasks. Any function requiring

100 percent focus and alertness is therefore compromised with marijuana use. (Drugs.com, 2014)

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Linked to two deaths in 2014, marijuana shows increased potency equals increased

negative effects. The first death resulted in a teenaged college student jumping from a hotel

room window to his death after consuming more than six times the recommended amount of

marijuana for consumption in a pot cookie. The second death resulted when a man consumed

candy laced with marijuana. The man shot and killed his wife. Hallucinations were part of both

deaths. (Beach & Bennett, 2014)

Pregnancy and Breastfeeding

Ingesting marijuana during pregnancy whether by smoked or other means is dangerous.

The potential impacts on the fetus are huge as THC can traverse the placenta and be transferred

to the fetus. Studies showed that some of the impacts for infants whose mothers smoked

marijuana were the babies born of a smaller size were more prone to develop health problems,

have harmful results on the neurological behavior during the first 78 hours of life and lower

verbal and memory scores later in life. (Drugs.com, 2014)

As the chemical compounds in marijuana copy the normal endocannabinoid chemicals of

the body, marijuana use during pregnancy may alter the development of the endocannabinoid

system in the unborn baby. This could lead to problems with problem solving, attention span

and memory retention. (National Institute on Drug Abuse, 2014) Due to the lipid solubility of

THC, nursing mothers pass the chemical to the infant through the breast milk. (Svrakic,

Lustman, Mallya, & Lynn, 2012) Studies show that these mothers using marijuana can impair

the newborn’s developing motor skills within the first month of life. (Drugs.com, 2014)

The Youth

One of the greatest concerns about marijuana relates to the youth. A 2011 study shows

that marijuana use of those between the ages of 12 and 17 years of age is almost eight percent.

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In the two states where legalization took place; there was a marked jump with those youth

smokers being almost eleven percent. An even more important statistic is that nationally 6.6

percent of high school seniors reporting smoking marijuana daily with another 2.9 percent

reporting they used marijuana at least twenty times in a month. Additionally, between 2010 and

2012 drug related expulsions from school were an average of 5,217 per year, which is a 37

percent increase from the 2007 to 2009 period where these averaged 3,782 per year. (High

Intensity Drug Trafficking Area Program (HIDTA), 2013)

A study performed in 2012 showed those in the eighth, tenth and twelfth grades were

easily able to obtain marijuana with 37, 69 and 82 percent respectively, showing a high

accessibility for teens in high school. (Drugs.com, 2014) Previous drug screens of youth showed

between 50 and 100 nanograms in the blood stream. The test results to date in 2012 have been

between 500 to 800 nanograms with trends climbing even higher. (High Intensity Drug

Trafficking Area Program (HIDTA), 2013)

To provide a deeper insight to the harmful effects on youth, the admissions for Colorado

youth between the ages of 12 and 17 to the Emergency room for marijuana rose to 26 percent in

2011, up from 20 percent in 2005. This is compared to the National rate of 18 percent in 2005

and 19.6 percent in 2011. Further illustrating the point, between 2005 and 2009 there were 790

admissions to the Children’s Hospital in Aurora, Colorado. None of those admissions during

that time period were related to marijuana. Between 2009 and 2011there were 588 admissions

with 14 being from marijuana ingestion and seven of those being from marijuana infused foods.

(High Intensity Drug Trafficking Area Program (HIDTA), 2013)

In addition, an extensive study from New Zealand provided data that teens who smoked

heavily went on to lose an average of eight points from their IQ before they turn 40. It was

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additionally shown that any cerebral abilities lost were never regained. (National Institute on

Drug Abuse, 2014)

Crime Impacts

The reduction of crime associated and expected with the legalization of marijuana simply

has not taken place. Instead, growth in illegal trafficking and distribution through illegal means

is on the rise. Additionally, states like Colorado are seeing money from Columbia flow into the

state for the purposes of buying into the marijuana industry. (Ingold & Gorski, 2014)

General Statistics

Marijuana related crime is on the rise. The Drug Enforcement Administration or DEA is

seeing an increase in trafficking in the states around Colorado where it has been legalized. There

has been an increase of 61 percent of marijuana seizures in Kansas. This illustrates that the

illegal flow of marijuana to locations that still have the drug outlawed is on the rise. (Horwitz,

2014) In New Jersey, marijuana is being distributed in the form of candy that looks like Jolly

Ranchers and gummies. The candy forms often contain the equivalent amount of THC to that of

smoking 20 joints. This form of the drug is increasing in popularity as it is easier to hide,

consume and illegally distribute to children. (Duffy, 2014)

The statistics surrounding crime and marijuana are staggering. Between 2005 and 2012,

marijuana seizures rose by more than 400 percent in the United States, rising from 54 in 2005 to

274 in 2012. These seizures were destined for delivery to 37 different states in the US with

Kansas and Missouri topping the list with 37 and 30 deliveries respectively. The average amount

of marijuana seized between 2005 and 2012 increased from 2,220 pounds to 3,937 pounds, an

increase of 77 percent. The amount of marijuana seizures in the Unites States in 2012 tripled

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from 2005 with the seizure of 7,008 pounds. (High Intensity Drug Trafficking Area Program

(HIDTA), 2013)

The marijuana industry is also seeing continued influences and impacts from the drug

cartels in Mexico and Columbia. Since 2006, the drug cartel growth in Mexico has doubled.

While there is a splintering of hierarchal authority, this has led to the creation of smaller, equally

violent groups. (Bagley, 2012)

Illegal Growth and Black Markets

This growth, along with legalization in Colorado, is leading to unregulated and illegal

grow sites in the mountain forests in Colorado. Over the last five years, the National Forest

Service has discovered and eliminated over 100,000 illegal plants from the national forests of

Colorado alone. This is the work of armed drug traffickers who are sometimes sponsored by the

drug cartels south of the border. (Roberts, 2014) There is sizeable complexity and organizational

structure with these illegal growth sites.

In fact, these grow sites have become so well hidden by following intricate and complex

setups, legitimate business couldn’t dream of copying them. These sites have irrigation systems

tied to pits created for the sole purpose of collecting water and being an irrigation reservoir.

Staffing accommodations have been built right into the trees to allow the farmers of the

marijuana plants and those guarding them to remain close to the plants 24/7. Those guarding the

sites are often heavily armed and come from the Mexican drug cartels. (Roberts, 2014)

Great efforts are always taken to hide the sites, even painting the tree stumps or trees

removed for the site green so the location cannot be discovered from satellites, airplanes or

helicopters. These sites are also usually associated with significant clean-up costs. This is due to

the large amounts of pesticides and fertilizers that are usually banned that have been left behind.

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 14

To make things more difficult, the park service is experiencing a reduction in local law-

enforcement support. Having stepped back, local authorities are viewing these sites and issues as

federal, thus reducing the level of support provided. (Roberts, 2014)

Driving, DUI and Fatalities

Driving offenses are often associated with alcohol. A study conducted showed that

drivers currently tested in fatal car crashes are testing positive for marijuana at a rate of one out

of every nine. The study goes on to show that driving under the influence of all drugs rose from

16 percent to 28 percent between 1999 and 2010. Marijuana was the largest contributor, rising

from four percent in 1999 to 12 percent in 2010. When combined with the effects of alcohol,

driver fatality risks increased by thirteen times when marijuana was involved. This statistic

increased to 24 times when compared to driving sober. (Healthday News, 2014)

Driving under the influence of drugs or DUI is becoming more prevalent. In 2009 the

National Highway Traffic Safety Administration data showed people driving under the influence

of marijuana was just over eight percent, which is significantly higher than those under the

influence of alcohol which was a little more than two percent. (High Intensity Drug Trafficking

Area Program (HIDTA), 2013)

Criminal Aspects and Crime Syndicates

Legalization or the decriminalization of marijuana created pathways to increases in

crime. This criminal activity has direct ties to drug cartels and crime syndicates. Criminal

organizations may move away from illegal marijuana operations, but will refocus and leverage

established legal marijuana operations for the distribution of drugs that are still illegal and

dangerous such as heroin and cocaine. This movement would likely see continued drug related

violence and activity remain static or even rise. (Bagley, 2012)

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 15

Racial profiling is an argument used by proponents of legalization. The risk of arrest is

increased when certain factors are taken into account. These factors were illustrated through a

RAND study showing marijuana users that were African-American to purchase marijuana

outside of their home communities, tripled the likelihood of making purchases from strangers,

and the likelihood of making outdoor purchases doubled. These findings support and validate

arrest statistics showing African-Americans more likely to be arrested than whites at more than

twice the rate. (Beach & Bennett, 2014)

Financial Aspects

Marijuana legalization is often described as the silver bullet or cure for governmental

budget woes and creation of new job opportunities. What is lost, is that the projections are based

on an activity that is still considered illegal at the federal level and the job creations are in an

industry that deals in a substance that has proven to be addictive and harmful to those who

consume or use it. In addition, to allow this sector of business to operate legally, many laws will

require a re-write or additional regulations and oversight to provide to government regulation of

the industry. (Beach & Bennett, 2014)

Taxation and Revenues Impacts

Currently the Colorado government is revising the initial estimates used for the current

fiscal year, $1 billion in sales. The first two months have only brought in $4.2 million, which is

less than half of the $9 million given in the estimates. (Oldham, 2014)

As Colorado works to revise its estimates, the State’s Taxpayer Bill of Rights or TABOR

laws could possibly come into play. Two situations come into play for execution of the TABOR

laws. The first is if the state government does not meet its expected level of spending. This

provision outlines that the difference between the actual expenditures and budget projections is a

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 16

one-time refund from any new tax revenue items, meaning marijuana taxes. The second

provision states that if tax revenues exceed Blue Book projections, the law requires that the state

legislature take one of two actions. (Carr, 2014) They must either lower the rates under which

marijuana is taxed or refund the excess above the estimate to the taxpayers. A third option being

considered is to create an initiative for the 2014 or 2015 ballot allowing the state to keep and

spend all of the excess tax revenues. (Stokols, 2014)

Banking Impacts

Marijuana sales are a cash-only business. This approach has some unique and significant

issues that come along with it. Topping the list is the federal law that prohibits banks from doing

business with any illegal drug industry. As stated previously, marijuana is a Schedule 1 drug,

and banned at the federal level. This prohibits banks from conducting business as they would

with non-drug based businesses. (Oliver, 2014) The federal laws prevents banks from accepting

credit cards sales, accepting cash deposits from transactions or even extending lines of credit.

(Povich, 2014)

Banks in the states of Washington and Colorado to this point have been unwilling to

weave through the maze of state and federal laws that govern banking. (Oliver, 2014) This

leaves the banks and their employees to deal with the requirements of reporting possible drug

money. Marijuana has a distinct odor that is easily transferred to money. If banks detect the

marijuana smell on the money, they have an obligation to report it to the authorities. (Povich,

2014)

It is important to understand that banking laws are aimed at helping combat the illegal

drug trade. These laws help both the banks and governments monitor activities that could be

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 17

illegal. Some of these laws include the bank requirement to report transactions of large cash

amounts and not allowing electronic transfers of funds pertaining to drug sales. (Oliver, 2014)

Banks view dealing with the marijuana industry through the eyes of risk and reward.

Recent history between federal regulators and the banking industry has left the banks more

conservative with interpretations of banking laws and the marijuana industry. The apprehension

on the part of the banking industry has left opportunities for other groups to fill the void,

exposing marijuana businesses to losses and white collar crimes. (Oliver, 2014)

To resolve this situation, an act of congress is required to either declassify the drug as a

banned substance or to rewrite the banking laws. In addition, the state and federal laws are at

odds in places, with states requiring taxation payments and regulatory rules and the businesses

having no perceived legitimate way to convert the cash to guaranteed funds like money orders or

cashier’s checks. (Oliver, 2014)

Business Impacts

Outside of the medical, crimes and taxation implications, sits the burden the marijuana

industry is creating on business should it become legalized. The areas in businesses impacted by

marijuana include Human Resources, conflicts with existing Federal laws or other state laws that

deem it illegal should the business operate outside of a state where it is legal and health and life

insurance coverage for business employees.

Human Resources

Currently employers in all 50 states are allowed to restrict marijuana use. A case being

prepared to go before the Colorado Supreme Court could change that restriction. Concerned

about costs relating to substance abuse, employers have started to increase drug testing since

recreational use in Colorado and Washington was legalized. A study sponsored by the

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 18

government showed that drug and alcohol abuse costs the economy in the United States an

average of $276 billion a year. As drug use impacts employers with costs into millions of dollars

a year, they are increasingly becoming more and more concerned about potential liability and the

additional costs associated if an employee is involved in an accident on the job and they test

positive for marijuana. (Safo, 2014) In workers that use marijuana but do not smoke tobacco, a

study found these individuals to have more health issues and absenteeism than those non-

smokers. (National Institute on Drug Abuse, 2014)

Life and health insurance coverage provided by employers is also something that needs to

be considered as part of the Human Resource aspects of the business. Insurance companies are

looking at adding riders to protect against the use of marijuana because of its status on the

federal level. Policy exclusions often deny coverage for death caused by drug use. Because

marijuana stays in the blood stream for weeks after use, proving drug-induced death can be

difficult, resulting in death benefit awards in the hundreds of thousands of dollars. These

payouts result in increases to premiums paid by the employer who sponsors the insurance.

(Wells, 2014) The health insurance aspect often does not cover medicinal marijuana as it is still

not recognized as a viable medical treatment, and insurance companies are reluctant to include it

as part of coverage due to conflicting laws at the state and federal levels. (Murphy, 2014)

Unmanned Operations

Topping the list of business impacts is the introduction of marijuana vending machines.

The first vending machine was established in Eagle, Colorado and is being used to dispense and

track marijuana inventory for the medical marijuana seller Herbal Elements. The manufacturer

of the machine indicates that marijuana is dispensed after swiping a driver’s license for

verification of age. (Granger, 2014) While currently placed inside licensed medicinal marijuana

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 19

sellers as an automated checkout line (Chappell, 2014), the potential and likelihood of moving

them to more public places exists. Even located in semi-controlled environments like legalized

stores, there remains the possibility for access by youth or those not permitted to buy with an ill-

gotten ID that is either not theirs or was created falsely and illegally.

Business Insurance

There are several other business related aspects of the marijuana industry. Insurance

agencies now have to consider making changes to what they will cover, and which law, whether

it be at the state or federal level applies. Currently, only medical marijuana facilities can obtain

coverage for theft of value on crops, workers compensation for workers of the facility and

liability coverage on the vehicles used to deliver product. (Wells, 2014) Insurance agencies

continue to see increased claims filed for loss of both legal and illegal marijuana plants or grow

facilities that are deemed illegal under federal, and in some cases, state law. These instances are

creating issues and requiring insurance underwriters to rethink how they process policies. The

conflicting laws between the state and federal levels continue to create ambiguity that will

require clarification in the courts should discrepancies between claims and payouts arise. (Wells,

2014)

Conclusion

There is a mountain of documentation showing why legalization of marijuana is not only

a bad idea, but an unsound decision. Based upon addiction rates, and the massive amount of

negative health impacts, marijuana should remain illegal and classified as a Schedule 1 drug.

When the American Medical Association and the Food and Drug Administration will not

recognize the medicinal benefits of marijuana and point to viable and more suitable alternatives

that is a big clue the drug is unsafe. The negative impacts of marijuana also point towards

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 20

violating a core concept of medicine in helping not harming. The additional factors of crime,

revenue and business impacts make it very clear marijuana is not only bad for the individual, but

also the community and society as a whole and should remain a controlled substance forever.

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References

Bagley, B. (2012, August). Drug Trafficking and Organized Crime in the Americas: Major

Trends in the Twenty-First Century. Retrieved May 25, 2014, from Woodrow Wilson

International Center for Scholars: Latin American Program:

http://www.wilsoncenter.org/sites/default/files/BB%20Final.pdf

Beach, C., & Bennett, W. (2014, May 5). The Legalization Juggernaut: Why won't more political

leaders speak out on marijuana? The Weekly Standard, 19(32). Retrieved from

https://www.weeklystandard.com/articles/legalization-

juggernaut_787377.html?nopager=1

Carr, J. (2014, April 1). News Analysis: Colorado's TABOR Troubles. Retrieved from Tax

Analysts:

http://www.taxanalysts.com/www/features.nsf/Features/B816C34E708CBD0B85257CA

E006866DD?OpenDocument

Chappell, B. (2014, April 12). Marijuana Vending Machine Unveiled In Colorado. Retrieved

May 26, 2014, from NPR.org: http://www.npr.org/blogs/thetwo-

way/2014/04/13/302551086/marijuana-vending-machine-unveiled-in-colorado

Drug Enforcement Administration Museum and Visitor Center. (2014, June 1). History. (Drug

Enforcement Administration) Retrieved June 1, 2014, from Drug Enforcement

Administration Museum and Visitor Center:

http://www.deamuseum.org/ccp/cannabis/history.html

Drugs.com. (2014, June 2). Marijuana. Retrieved June 2, 2014, from Drugs.com:

http://www.drugs.com/marijuana.html

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 22

Duffy, C. (2014, May 12). Law Enforcement Warns About Candy Laced with Marijuana.

Retrieved May 25, 2014, from NJTV News: http://www.njtvonline.org/news/video/law-

enforcement-warns-about-candy-laced-with-marijuana/

Granger, C. (2014, April 28). Marijuana Vending Machines Unveiled in Colorado. Retrieved

from Examiner.com: http://www.examiner.com/article/marijuana-vending-machines-

unveiled-colorado

Healthday News. (2014, Feburary 5). Fatal Car Crashes Involving Pot Use Have Tripled in U.S.,

Study Finds. Retrieved May 30, 2014, from US News and World Report: Health:

http://health.usnews.com/health-news/articles/2014/02/04/fatal-car-crashes-involving-

pot-use-have-tripled-in-us-study-finds

High Intensity Drug Trafficking Area Program (HIDTA). (2013, August). The Legalization of

Marijuana in Colorado: The Impact. Retrieved May 26, 2014, from High Intensity Drug

Trafficking Area Program (HIDTA):

http://www.rmhidta.org/html/FINAL%20Legalization%20of%20MJ%20in%20Colorado

%20The%20Impact.pdf

Horwitz, S. (2014, April 30). DEA chief says marijuana-trafficking spiking in states near

Colorado. Retrieved from The Washington Post:

http://www.washingtonpost.com/world/national-security/dea-chief-says-marijuana-

trafficking-spiking-in-states-near-colorado/2014/04/30/d34b5a1e-d08a-11e3-937f-

d3026234b51c_story.html

Humphreys, K. (2013, September 25). Can the United Nations Block U.S. Marijuana

Legalization? Retrieved June 2, 2014, from The World Post:

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 23

http://www.huffingtonpost.com/keith-humphreys/can-the-united-nations-

bl_b_3977683.html

Ingold, J., & Gorski, E. (2014, April 28). Feds: Four men diverted Colombian cash to Colorado

marijuana business. Retrieved May 27, 2014, from The Denver Post:

http://www.denverpost.com/news/ci_25652741/colorado-medical-marijuana-raid-

charges-may-involve-money

Kashyap, S., & Kashyap, K. (2014, April - June). Medical marijuana: A panacea or scourge.

Lung India, 145 - 148. doi:10.4103/0970-2113.129843

Murphy, T. (2014, May 8). Why Health Insurance Won't Cover Your Medical Marijuana.

Retrieved from Huffington Post: Business:

http://www.huffingtonpost.com/2014/05/08/marijuana-health-insurance_n_5288484.html

National Institute on Drug Abuse. (2014, January). DrugFacts: Marijuana. Retrieved June 1,

2014, from National Institute on Drug Abuse: The Science of Drug Abuse & Addiction:

http://www.drugabuse.gov/sites/default/files/drugfactsmarijuana2014.pdf

Odabasi, M. (2014). Decriminalizing Marijuana: Understanding Marijuana Debate Through

History and Policy. European Scientific Journal, 10(1), 45 - 58. Retrieved from

http://eujournal.org/index.php/esj/article/view/2545

Oldham, J. (2014, May 01). Colorado Pot Revenue Lags Forecast as Licensing is Slow.

(Bloomberg L.P.) Retrieved May 27, 2014, from Bloomberg Businessweek:

http://www.bloomberg.com/news/2014-05-02/colorado-pot-revenue-lags-forecasts-as-

licensing-is-slow.html

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 24

Oliver, G. (2014, June 8). Where will legal marijuana stash its cash? Retrieved from Columbian:

http://www.columbian.com/news/2014/jun/08/where-will-legal-marijuana-industry-stash-

its-cash/

Povich, E. S. (2014, May 14). Not So Fast: Tax Revenue Estimates From Legal Marijuana May

Not Materialize. Retrieved from Pew Charitabke Trusts: Stateline:

http://www.pewstates.org/projects/stateline/headlines/not-so-fast-tax-revenue-estimates-

from-legal-marijuana-may-not-materialize-85899475843

Roberts, D. (2014, May 23). Colorado's unregulated marijuana grow sites persist despite legal

'green rush'. Retrieved from The Guardian:

http://www.theguardian.com/world/2014/may/23/colorado-unregulated-marijuana-green-

rush

Ross, J. K. (2014, February 8). Legal Pot Coming Soon? 50-State Marijuana Law Roundup.

Retrieved June 3, 2014, from reason.com: http://reason.com/archives/2014/02/08/legal-

pot-coming-soon-50-state-marijuana

Safo, N. (2014, May 7). Legalized pot use vs. employer drug testing. Retrieved from Market

Place: http://www.marketplace.org/topics/business/legalized-pot-use-vs-employer-drug-

testing

Stimson, C. D. (2010, September 13). Legalizing Marijuana: Why Citizens Should Just Say No.

Legal Memorandum(56), 1 - 13. Retrieved from

http://www.heritage.org/research/reports/2010/09/legalizing-marijuana-why-citizens-

should-just-say-no

MARIJUANA: A CONTROLLED SUBSTANCE FOREVER 25

Stokols, E. (2014, March 12). TABOR may force Colorado to refund excess marijuana money to

taxpayers. Retrieved from Fox 31 Denver: http://kdvr.com/2014/03/12/tabor-may-force-

colorado-to-refund-excess-marijuana-money-to-taxpayers/

Svrakic, D. M., Lustman, P. J., Mallya, A., & Lynn, T. A. (2012, March/April). Legalization,

Decriminalization & Medicinal Use of Cannabis: A Scientific and Public Health

Perspective. Missouri Medicine, 109(2), 90 - 98. Retrieved from

http://www.msma.org/docs/communications/momed/Medicinal_Use_Cannabis.pdf

United States Drug Enforcement Administration. (2014, June 2). United States Drug

Enforcement Administration: Drug Scheduling. Retrieved June 2, 2014, from United

States Department of Justice: http://www.justice.gov/dea/druginfo/ds.shtml

Wells, B. (2014). Marijuana Legalization: Implications for Property/Casualty Insurance. Journal

of Insurance Issues, 37(1), 77 - 92. Retrieved from

http://www.insuranceissues.org/PDFs/371W.pdf