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Since the 20th century, most countries have enacted laws affecting the legality of cannabis regarding the cultivation, use, possession, or transfer of cannabis for recreational use. These laws have impacted adversely on the cannabis plant's cultivation for non-recreational purposes, but there are many regions where, under certain circumstances, handling of cannabis is legal or licensed. Many jurisdictions have lessened the penalties for possession of small quantities of cannabis, so that it is punished by confiscation or a fine, rather than imprisonment, focuses more on those who traffic and sell the drug on the black market. Some jurisdictions use mandatory treatment programs for frequent users with freedom from narcotic drugs as goal. Buying or growing cannabis is still illegal. Increasingly, many jurisdictions also permit cannabis use for medicinal purposes. There are also changes in a more restrictive direction as in Canada, Denmark or Netherlands and drug tests, more or less mandatory, are more common than before in many countries. Some countries allow the sale through drug companies.[citation needed] However, simple possession can carry long jail sentences in some countries, particularly in East Asia, where the sale of cannabis may lead to a sentence of life in prison or even execution.
History
Image:Killerdrug.jpg
Propaganda used by the U.S. Federal Bureau of Narcotics in the late 1930s and 1940s.
Under the name cannabis, 19th century medical practitioners sold the drug, (usually as a tincture) popularizing the word amongst English-speakers. It was rumored that Queen Victoria's menstrual pains were treated with cannabis, because her personal physician, Sir John Russell Reynolds, wrote an article in the first edition of the medical journal The Lancet about the benefits of cannabis.[1] Cannabis users included nineteenth century literary figures Robert Louis Stevenson, [2] and Le Club des Hashishins members Victor Hugo, Alexandre Dumas[3], Charles Baudelaire and Eugene Delacroix.
Cannabis was also openly available from shops in the US. The 1893 World's Columbian Exposition in Chicago included a Turkish booth complete with hashish smoking and authors like Louisa May Alcott included hashish encounters in their stories.[4] Eli Lilly and Company and others sold cannabis tinctures over the counter for a variety of maladies. By the end of the 19th century, its medicinal use began to fall as other drugs like aspirin took over its use as a pain reliever.
In 1894, the Report of the Indian Hemp Drugs Commission commissioned by the UK Secretary of State and the government of India, was instrumental in the decision not to criminalize the drug in those countries.[5] From 1906 started different states in the United States to implement regulations for sales of Cannabis indica. In 1925 a change of the International Opium Convention [6] banned exportation of Indian hemp to countries that have prohibited its use, and requiring importing countries to issue certificates approving the importation and stating that the shipment was required "exclusively for medical or scientific purposes."
In 1937 the F.D. Roosevelt administration crafted 1937 Marihuana Tax Act the first national US law making cannabis possession illegal in the US via an unpayable tax on the drug. Hollywood supported that effort with the release of "misinformation documentaries" such as the iconical "Reefer Madness" (1937) and Nathanael West wrote about it in his Hollywood novel, The Day of the Locust.[7]
The name marijuana (Mexican Spanish marihuana, mariguana) is associated almost exclusively with the plant's psychoactive use. The term is now well known in English largely due to the efforts of American drug prohibitionists during the 1920s and 1930s, which deliberately used a Mexican name for cannabis in order to turn the populace against the idea that it should be legal, playing upon attitudes towards the nationality. (See 1937 Marihuana Tax Act). Those who demonized the drug by calling it marihuana omitted the fact that the "deadly marihuana" was identical to cannabis indica, which had at the time a reputation for pharmaceutical safety.[8] It must however be noted that cannabis indica in the 1930s had lost most of its former popularity as a medical drug.[9],
Although cannabis has been used for its psychoactive effects since ancient times, it first became well known in the United States during the jazz music scene of the late 1920s and 1930s. Louis Armstrong became a prominent and life-long devotee.[10] Bing Crosby[11], Gene Krupa[12], Anita O'Day[13], and other jazz stars were "vipers", as written about by Mezz Mezzrow in Really the Blues[14]. It was popular in the blues scene as well. In 1948 film star Robert Mitchum[15] was arrested for marijuana and served time in jail. Embraced by Beat generation writers like Alan Ginsberg[16], it eventually became a prominent part of the 1960s counterculture and human rights movements, used by Bob Dylan[17], John Lennon[18], Paul McCartney[19] and even John Denver[20]. Anthropologist Margaret Mead testified before Congress advocating marijuana legalization in 1969 and admitted she'd tried it herself. [21]
Some advocate legalization of marijuana, believing that it will reduce illegal trade & associated crime and yield a valuable tax-source. Marijuana is now available as a palliative agent, in Canada, with a medical prescription. Yet 86% of Canadians with HIV/AIDS, eligible for a prescription, continue to obtain marijuana illegally (AIDS Care. 2007 Apr;19(4):500-6.)
Current status
- See also: Legal and medical status of cannabis, Drug prohibition, and Drug liberalization
Most if not all countries have laws regarding the cultivation, possession, supply or use of cannabis. Non-psychoactive cannabis products (e.g. fibre and seed) are legal in many countries, and these countries may license cultivation for these purposes. The herb is a controlled substance in most, though its use is condoned in some locales for medicinal purposes. In some countries, cannabis drug material is legal for personal use. In the example of Portugal, restrictions apply to its sale, distribution or consumption, and amount one is legally allowed to possess is limited to 25 grams. In many countries the consumption of cannabis is legal although it is illegal to possess, sell or distribute it or allow others to consume it on one's property. If the amount of cannabis a person possessed is considered as "minor", charges may be dropped. In the U.S.A (nationwide, in 2004) a person is arrested on "marijuana charges" every 42 seconds, on average [22]. Most other countries have very strict laws against the possession or consumption of cannabis.
At a 1925 conference to amend the International Opium Convention[23], Egypt and other nations complained of abuse problems with hashish and proposed requiring Parties to prohibit non-medical, non-scientific use of the drug. India and others, citing traditional uses of the drug and its prevalence as a wild-growing plant, objected to the measure. A compromise was made that banned exportation of Indian hemp to countries that have prohibited its use, and requiring importing countries to issue certificates approving the importation and stating that the shipment was required "exclusively for medical or scientific purposes". [24]. The word Indian hemp was used so that trade with fiber and similar products from traditional European hemp was excluded from the convention. European hemp was considered as almost useless for use as a drug due to tradition and low narcotic effect.
By Nation
Australia
In the Australian Capital Territory, possession of up to 25 grams, or two plants, is not a criminal offence but carries a $100 fine.[citation needed] In South Australia however, possession of cannabis is a moderate offense, with fines ranging from $150 to $300 for possession and cultivation of small amounts.[25] There is much confusion on the subject, with many people believing that possession of a certain amount is legal. In South Australia however, this is a myth. In New South Wales and Tasmania, cannabis use is illegal but often unenforced. In Australia political parties such as the Liberty & Democracy Party[26] advocate legalisation.
Bangladesh
Cannabis has grown throughout the Bengal region, which is currently split between Bangladesh and the Indian state of West Bengal. In both parts of Bengal, cannabis (Bengali language: গাঁজা gãja or গাঞ্জা ganja) has been widely used for centuries. Neither the possession nor the use of cannabis is restricted by any national or local laws, thus making Bangladesh one of the few countries where cannabis remains legal.
Belgium
Individual use by adults has the lowest priority to police and government instances, if the use doesn't cause any problems to his environment. Which basically means the use on public places, possession of more than 3 grams, or the sale are pursued in court. Furthermore the use in the presence of minors is strictly forbidden. The cultivation of one feminine cannabis plant for personal use is decriminalized.
Canada
-
- A July 13th, 2007 decision in Ontario Provincial court has ruled that criminal possession laws for cannabis are unconstitutional (R. v. Long). However, Toronto police spokesman Mark Pugash said that nothing will change about how the police deal with marijuana possession for the time being. [27]
- Possession of cannabis is legal in Canada according to Justice Edmonson of the Ontario Court of Justice in R. v. Bodnar/Hall/Spasic - "there is no offence known to law which the accused have committed." [28] [29]
- However, the federal prosecution service is attempting to enforce an unconstitutional law. [30]
In October 2007, Prime Minister Harper announced a new National Anti-Drug Strategy. A proposed Bill would have dealers facing one-year mandatory prison sentences if they’re operating for organized crime purposes, or if violence is involved. Dealers would also face a two-year mandatory jail sentence if they’re selling to youth, or dealing drugs near a school or an area normally frequented by youth. Additionally, people in Canada who run a large marijuana grow operation of at least 500 plants would risk facing a mandatory two-year jail term. Maximum penalties for producing cannabis would increase from 7 to 14 years. [31]
Perhaps the biggest proposed policy change is mandatory six-month sentencing for those growing as little as one marijuana plant for the purposes of trafficking. If the Bill passes, this is certain to be felt by small-time distributors who are not linked to the ring of organized crime, and who usually face no more than a fine if caught. [32]
Currently the Conservative Government holds a minority in Parliament, so the Bill would require support of at least one other political party before it can become law. Previous attempts by past Liberal Governments in the late 1990s and early 2000s to decriminalize marijuana for personal use have failed to become law - this is a distinct policy contrast from the current minority Conservatives who aspire to a more US-style 'War on Drugs'.[33]
Czech Republic
In 1938 production and possession (but not the consumption) of drugs became a punishable crime in Czechoslovakia. The law did not distinguish between different types of drugs. Until the Velvet Revolution (1989) the narcotics were only minor problem in the society. A law from 1992 stopped criminalization of drug possession for personal use. This has changed with a 1998 law when the "possession of more than a small amount of drugs" (the amount was not defined by the law) became criminal offence again. The limits were defined later for internal police use: for marijuana possession of less than about 20 grams was not a crime but the owner could be fined. Consumption was not punishable. Enforcement of the law was spotty and sometimes inconsistent.
Young people are the most frequent users of marijuana: a research from 2007 estimated that almost 30% of Czechs under 24 tried it. In 2007 the Supreme Court of the Czech Republic decided a case where it stated that mere cultivation of hemp should not be punishable unless production of drug is proven; a police officer from anti-drug unit said this decision is irrelevant for their work. As of 2007 several initiatives demand either decriminalization of marijuana or creating a more tolerated category of soft drugs. [34]
Hong Kong
Cannabis is regulated under section 9 of Hong Kong's Chapter 134 Dangerous Drugs Ordinance. Cultivation and dealing with cannabis plant is illegal and a fine of $100,000 and to imprisonment for 15 years can be laid by the court. Anyone who supplies the substance without prescription can be fined $10,000 HKD. The penalty for trafficking or manufacturing the substance is a $5,000,000 (HKD) fine and life imprisonment. Possession of the substance for consumption without license from the Department of Health is illegal with a $1,000,000 fine and/or 7 years of jail time.
Ireland
Cannabis is considered a Schedule I drug in Ireland MISUSE OF DRUGS ACT, 1977. Various movements have been founded to legalize the drug, including an attempt at starting a cannabis legalization political party. Under Irish Law a Schedule 1 drug, such as cannabis, is a drug which is highly abusable with no medicinal value. Unlike British law, Irish law does not organize drugs in Classes A,B,C etc.
Ireland - Five Classes.
- SCHEDULE I - cannabis, LSD, mescaline, opium
- SCHEDULE II - cocaine, heroin, methadone, morphine
- SCHEDULE III & IV - other psychotropic substances
- SCHEDULE V - specific preparations of drugs
It is common for the Gardaí (police) to 'turn a blind eye' to small amounts of cannabis for personal use.
Mexico
See Wikinews:Mexico on the verge of decriminalizing possession of small amounts of drugs
On April 29, 2006, the Congress of Mexico passed a bill decriminalizing possession of small amounts of drugs intended for recreational use (up to 5g for marijuana).[35] The new bill was hoped to relieve cartel-related crime as well as reduce drug-related arrests. A possibly unintended consequence would have been increased tourism. The move caused many in the US government to question Mexico's commitment to the "War on Drugs." However, President Fox sent the legislation back, asking that the decriminalization be removed. This action showed the U.S. government's influence over the Mexican Governement's decisions, [36] sparking broad controversy over the bill.[37][38][39]
Netherlands
-
The possesion/purchase of Cannabis is "tolerated" in small amounts. One can purchase cannabis in special shops (called "coffee shops") if one is age eighteen and over. Cultivation and wholesale of cannabis is likewise "tolerated" in small amounts (guidelines here are no more than five plants). The tolerance guidelines appear in appendix of the Opium Act. The Opium Act states very clearly that every part of the hemp plant is banned except for the seeds -- this is in accordance with many of the international treaties which the Netherlands have signed. It is for this reason Cannabis cannot be legalised in the Netherlands. Thus, it remains illegal but it is "tolerated." A recent court decision allowed a medical cannabis user to avoid legal prosecution for possession of a small number of cannabis plants; however, the state is appealing the decision.[40]
By 2009, 27 coffee shops selling cannabis in Rotterdam, Netherlands, all within 200 meters from schools, must close down. This is nearly half of the coffeeshops that currently operate within its municipality. This is due to a new policy of city mayor Ivo Opstelten and the town council as a result of increased use of soft drugs among pupils.[41]
[42]
New Zealand
Possession of any amount of cannabis is illegal in New Zealand and can result in a fine of up to $500 or even a 3-month prison sentence (though the latter is rarely used). Anyone caught in possession of more than 28 grams of cannabis or 100 cannabis joints is classed as a dealer unless s/he can prove they are not. Cannabis is a class C drug in New Zealand, of which the penalty for dealing can result in a maximum prison sentence of 14 years under the New Zealand Misuse Of Drugs Act 1975. There have been many public campaigns to decriminalise Cannabis but so far none have succeeded. It is generally accepted that the usage rate is high and possession in small quantities may not often be prosecuted. In some cases first offences may not always result in convictions. In New Zealand political parties such as the Green Party of Aotearoa New Zealand and the Aotearoa Legalise Cannabis Party advocate legalisation.
Spain
Personal consumption and home cultivation of cannabis have been decriminalized, but buying or selling remains a criminal offense.
Sweden
Cannabis is not seen as a soft drug. Zero tolerance is the official policy. Possession and consumption is illegal. A drug test by the police is seen as a cogent proof of consumption; drug tests (alcohol and narcotics) is often used in connection with traffic controls. The punishment for a single small drug use is normally an arrest for a drug test at the nearest police station and a fine but it shall normally also include participation in some kind more or less mandatory treatment program (in case of repeated use) or some other type of follow-up by local authorities. Punishment for driving a car affected by drugs is a lost driving license and one month or more in prison. If the person is younger than 18 the police or the school must ask permission from the parents before the first drug test. The penalty for the sale of cannabis is imprisonment, from 6 months to 10 years. Many prisons have internal drug treatment programs for prisoners, often inspired by cognitive behavioral therapy. Sweden has less users of cannabis and other drugs than many other comparable countries and is reported as a positive example by UNODC[43]
Cultivation of industrial hemp, cannabis varieties with less than 0.2% THC, is legal if the farmer reports the fields in advance and follow some other restrictions. The cultivation is of small extent.
Switzerland
Cannabis is classified as an illegal narcotic in Switzerland.[44] The production, possession, consumption and sale of illegal narcotics, even for personal use, is punishable by a monetary penalty or by imprisonment of up to three years, as are public incitements to the consumption of illegal narcotics.[45]
The enforcement of the prohibition on cannabis is spotty, because around 500'000 Swiss people (or 7% of young people from 15 to 39) are believed to regularly use cannabis.[46] Also, in 1998, some 250 hectares of land were used in Switzerland to grow cannabis,[47] yielding more than 100 tons of narcotics per year.[48] The produce is sold mostly on the street and – under the guise of e.g. "scent bags" – through "cannabis shops" clustered in the urban centers. These shops, of which there were about 135 in 1999 and which authorities believe earn about 85-95% of their income with illegal narcotics,[49] are the target of irregular police crackdowns in some cities, while in others they are tolerated to some degree. Overall, enforcement varies substantially depending on the canton.[50] Some tolerate limited public consumption[51] while others periodically attempt to limit it. In Zürich, for instance, a fine of CHF 50 to 300 for first infractions was the usual practice in 1999.[52] Nationwide, police registered some 27,000 cannabis-related infractions in 1999.[53]
An attempt to decriminalize possession and consumption of cannabis failed narrowly in Parliament in 2004.[54] As a reaction, a popular initiative that would amend the constitution to decriminalize cannabis has been introduced; it is scheduled for a nationwide referendum in 2008–10.[55]
Portugal
Personal consumption limit is 2.5g per day and you can have in your possession 3 days' worth without contravening the law. Cultivation, even if for personal use is still totally illegal and cultivation of even one plant is assumed to indicate involvement with trafficking. Possession of seeds is also illegal and despite there being several Head or Grow Shops in Portugal, they are not allowed to sell seeds. It is also true that the number of Grow Shops has grown for the past years which seems to indicate that cultivation for personal use (in Portuguese: auto-cultivo) is becoming a more common pratice. There is also a forum, named hortadacouve, formed of people who cultivate for personal use.
It is very common in Portugal to see young people smoking in concerts and other party areas. There has also been, in the last decade, a increase of cafés where it is possible to smoke, although it is never an "open" experience, because there is still a lot of intolerance to public consumption of cannabis as a day to day practice.
In the last year, the Global Marijuana March (Portuguese: Marcha Global da Marijuana) was celebrated for the first time ever in the two main cities of Portugal.
United Kingdom
-
Cultivation and use of cannabis was generally outlawed in 1928. Cannabis is illegal; it's a Class C drug[citation needed]. If one is caught with cannabis the police will always take action[citation needed][dubious – discuss].
- Possession: If one is caught with even a "small" amount of cannabis on him or her person or premises, the person is liable to be prosecuted. What the police will do depends on the circumstances and how old the person is[dubious – discuss].
Usually[dubious – discuss], the person will receive a formal warning and the have the drug confiscated and if the person is aged under 18, the parent or guardian will also be contacted at once. The police are more likely to arrest person if: he or she is blatantly smoking in public[citation needed] and/or have been caught with cannabis before[citation needed].
If the person continues to break the law, he or she can end up with a criminal record which could affect his or her chances of being employed. It could also affect whether he or she is permissible to travel to another country[citation needed].
The maximum penalty for possession is two years in prison plus an unlimited fine[citation needed].
- Supply: Dealing is a "very serious" offence[citation needed]. In the "eyes of the law", this includes giving drugs to friends. People who grow cannabis in their homes or carry large amounts on them also risk being charged with intent to supply.
The maximum penalty for supply is 14 years in prison plus an unlimited fine[citation needed].
Recently cannabis legality has been under review, the government are considering changing the drug back to a class B drug which would mean stronger penalties if caught with the drug. [56]
United States
History
-
The United States has had a long history of producing and using cannabis.
Under federal law, it is illegal to possess, use, buy, sell, or cultivate marijuana in 49 of the United States (the exeption being Alaska, where you can posses up to 4 oz and numerious plants) . The Controlled Substances Act of 1970 classifies marijuana as a Schedule I drug, meaning it has a high potential for abuse and is not accepted medical use. Under the Supremacy Clause of the Constitution, Federal law in the United States preempts conflicting state and local laws. Nevertheless, some states and local governments have established laws attempting to decriminalize cannabis, which has reduced the number of "simple possession" offenders sent to jail, since federal enforcement agents rarely target individuals directly for such relatively minor offenses. Other state and local governments ask law enforcement agencies to limit enforcement of drug laws with respect to cannabis.
The National Center for Natural Products Research in Oxford, Mississippi is the only facility in the United States that is federally licensed by the National Institute on Drug Abuse to cultivate cannabis for scientific research. The Center is part of the School of Pharmacy at the University of Mississippi.
Decriminalization
-
- See also: Cannabis rescheduling in the United States
Twelve US states have passed, by majority vote of the citizenry, laws allowing some degree of medical use, while a further six states have taken steps to decriminalize it to some degree. This movement seeks to make simple possession of cannabis punishable by only confiscation or a fine, rather than prison. In the past several years, the movement has started to have some successes. These include Denver, Colorado legalizing possession of up to an ounce of cannabis for adults aged 21 and older, though this age restriction has been criticized as age discrimination, since adults under 21 cannot legally possess it.[20] These laws passed by states and cities to decriminalize marijuana do not result in marijuana being legal, however. The Federal government has criminalized marijuana under the Interstate Commerce Clause, which gives the Federal Government the power to regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. Additionally, under the Supremacy Clause, any state law in conflict with federal law is not valid. These issues were addressed squarely by the United States Supreme Court in Raich v. Ashcroft, 352 F. 3d 1222.
In Alaska, cannabis was decidedly legal (under state, but not federal, law) for in-home, personal use under the Ravin vs. State ruling of 1975. This ruling allowed up to two ounces of cannabis and cultivation of less than 25 plants for these purposes. A 1991 voter ballot initiative recriminalized marijuana possession, but when that law was eventually challenged in 2004, the Alaska courts upheld the Ravin ruling, saying the popular vote could not trump the state constitution. In response to former Governor Frank Murkowski's successive attempt to re-criminalize cannabis, the ACLU filed a lawsuit against the state. On July 17, 2006, Superior Court Judge Patricia Collins awarded the Case Summary judgment to the ACLU. In her ruling, she said "No specific argument has been advanced in this case that possession of more than 1 ounce of cannabis, even within the privacy of the home, is constitutionally protected conduct under Ravin or that any plaintiff or ACLU of Alaska member actually possesses more than 1 ounce of cannabis in their homes." This does not mean that the legal possession threshold has been reduced to one ounce, as this was a mere case summary review filed by the ACLU, not a full case. Reinforcing Ravin, Collins wrote "A lower court cannot reverse the State Supreme Court's 1975 decision in Ravin v. State" and "Unless and until the Supreme Court directs otherwise, Ravin is the law in this state and this court is duty bound to follow that law". The law regarding possession of cannabis has not changed in Alaska, and the Supreme Court has declined to review the case, therefore the law still stands at 4 ounces.[citation needed] However, federal prosecutions under the CSA can be brought in Federal Court, and federal courts applying federal law are not bound by state court precedent. As such, federal courts in Alaska will recognize that possession of any quantity of marijuana remains illegal in Alaska under federal law.
In 2002, Nevada voters defeated a ballot question which would legalize up to 3 ounces for adults 21 and older by 39% to 61%. In 2006, a similar Nevada ballot initiative, which would have legalized and regulated the cultivation, distribution, and possession of up to 1 ounce of marijuana by adults 21 and older, was defeated by 44% to 56%.
In 2006, South Dakota voters defeated Measure 4, voting 48% for and 52% against. Measure 4 was to allow the use of medical marijuana by patients deemed by their physicians to benefit from its use, and was to be regulated by state-issued ID cards and protection of legitimate medical distributors.
Crime
There have been over eight million cannabis arrests in the United States since 1993, including 786,545 arrests in 2005. Cannabis users have been arrested at the rate of 1 every 40 seconds. About 88% of all marijuana arrests are for possession - not manufacture or distribution. (FBI Uniform Crimes Report)
Large-scale marijuana growing operations are frequently targeted by police in raids to attack the supply side and discourage the spread and marketing of the drug, though the great majority of those in prison for cannabis are either there for simple possession or small scale dealing.[citation needed]
Use of capital punishment against the cannabis trade
Several countries have either carried out or legislated capital punishment for cannabis trafficking.
| Country |
Status |
Notes |
| Saudi Arabia |
Sentenced |
An Iraqi man named Mattar bin Bakhit al-Khazaali was convicted of smuggling hashish and was executed in the northern town of Arar, close to the Iraqi border. |
| Indonesia |
Available |
In 1997, the Indonesian government under international pressure[citation needed] added the death penalty as a punishment for those convicted of drugs in their country. The law has yet to be enforced on any significant, well-established drug dealers. Rather, the trend has been to execute unknown, first time and clueless, alleged drug traffickers, who don't have the cunning, resources, and contacts to persuade the authorities to set them free.[citation needed] The former Indonesian President, Megawati Sukarnoputri announced Indonesia's intent to implement a fierce war on drugs in 2002. She called for the execution of all drug dealers. "For those who distribute drugs, life sentences and other prison sentences are no longer sufficient," she said. "No sentence is sufficient other than the death sentence." Indonesia's new president, Susilo Bambang Yudhoyono, also proudly supports executions for drug dealers. [57] |
| Malaysia |
Has been used |
Mustaffa Kamal Abdul Aziz, 38 years old, and Mohd Radi Abdul Majid, 53 years old, were executed at dawn on January 17, 1996, for the trafficking of 1.2 kilograms of cannabis. [58] |
| Philippines |
No Longer Used |
The Philippines abolished the death penalty on June 24, 2006. The Philippines introduced stronger anti-drug laws, including the death penalty, in 2002. [59] Possession of over 500 grams of marijuana usually earned execution in the Philippines, as did possessing over ten grams of opium, morphine, heroin, ecstasy, or cocaine. Angeles City is often a mecca for Filipino cannabis users and cultivators, although enforcement has been inconsistent.[60]. |
| United Arab Emirates |
Sentenced |
In the United Arab Emirates city of Fujairah, a woman named Lisa Tray was sentenced to death in December 2004, after being found guilty of possessing and dealing hashish. Undercover officers in Fujairah claim they caught Tray with 149 grams of hashish. Tray claims that her stepfather had given her the bag of hashish to deliver to someone, but didn't know its contents. Her lawyers have appealed the sentence. |
| Thailand |
Frequently Used |
Death penalty is possible for drug offenses under Thai law. Extra-judicial killings also alleged. [61] |
| Singapore |
Frequently Used |
Death penalty carried out many times for cannabis trafficking. (July 20 2004) A convicted drug trafficker, Raman Selvam Renganathan, 39, who stored 2.7 kilogrammes of cannabis or marijuana in a Singapore flat was hanged in Changi Prison. He was sentenced to death September 1, 2004 after an eight-day trial. (The Straits Times, July 20 2004). |
| People's Republic of China |
Frequently Used |
Death penalty is exercised regularly for drug offenses under Chinese law, often in an annual frenzy corresponding to the United Nations' International Day Against Drug Abuse and Illicit Drug Trafficking [62] The government does not make precise records public, however Amnesty International estimates that around 500 people are executed there each year for drug offenses. Those executed have typically been convicted of smuggling or trafficking in anything from cannabis to methamphetamine. |
| United States |
Available |
Former Speaker Newt Gingrich, in 1996, proposed to introduce a mandatory death penalty for a second offense of smuggling 50 grams of marijuana into the United States, in the proposed law H.R. 4170. [63] This proposal failed. Current Federal law (1994 Crime Act) sets the threshold for a possible death sentence for marijuana offenses at 60,000 kilograms or 60,000 plants (including seedlings) regardless of weight. The death penalty is also possible for running a continuing criminal enterprise that distributes marijuana and receives more than $20 million in proceeds in one year, regardless of the weight of marijuana involved.
The United States Supreme Court has held that no crimes other than murder can constitutionally carry a death sentence (Coker v. Georgia)
|
Non-drug purposes
-
Hemp is the common name for cannabis and the name most used (in English) when this annual herb is grown for non-drug purposes. These include the industrial purposes for which cultivation licences may be issued in the European Union (EU). When grown for industrial purposes hemp is often called industrial hemp, and a common product is fibre for use in a variety of different ways. Fuel is often a by-product of hemp cultivation.
Hemp may be grown also for food (the seed) but in the UK at least (and probably in other EU countries) cultivation licences are not available for this purpose. Within Defra (the UK's Department for the Environment, Food and the Rural Affairs) hemp is treated as purely a non-food crop, despite the fact that seed can and does appear on the UK market as a perfectly legal food product.
In the UK, at least, the seed and fibre have been always perfectly legal products. Cultivation for non drug purposes was however completely prohibited from 1928 until circa 1998, when Home Office industrial-purpose licenses became available under the Misuse of Drugs Act 1971.
If industrial strains of the herb are intended for legal use within the EU then they are bred to be compliant with regulations which limit potential THC content to 0.2%. (THC content is a measure of the herb's drug potential and can reach 20% or more in drug strains). In Canada the THC limit is 1%.
Millennia of selective breeding have resulted in varieties that look quite different. Also, breeding since circa 1930 has focused quite specifically on producing strains which would perform very poorly as sources of drug material.
Hemp grown for fibre is planted closely, resulting in tall, slender plants with long fibers. Ideally, according to Defra in 2004, the herb should be harvested before it flowers. This early cropping is because fibre quality begins to decline as flowering starts and, incidentally, this cropping also pre-empts the herb’s maturity as potentially a source of drug material. UK licence conditions actually oblige farmers, however, to allow some flowering so that flower material can be tested for its drug potential.
Cannabis for religious use
- Further information: Spiritual use of cannabis
Cannabis has an ancient history of ritual usage as a trance inducing drug and is found in pharmacological cults around the world. Hemp seeds discovered by archaeologists at Pazyryk suggest early ceremonial practices by the Scythians occurred during the 5th to 2nd century BCE, confirming previous historical reports by Herodotus. In India, it has been engaged by itinerant sadhus for centuries, and in modern times sections of the Rastafari movement have embraced it. Some historians and etymologists have claimed that cannabis was engaged as a religious sacrament by Muslims of the Sufi order.[citation needed]
Arguments for and against prohibition of cannabis
Arguments for prohibition include physical and mental health for the user and damage for non users, the increased concentration of THC in marijuana, more accidents, more risky behavior, public order grounds, the "gateway drug" argument, increased cost for public health and treatment of addicts, loss of manpower, loss of tax income and purely political grounds such as vote catching and simple dislike of the drug culture. Other types of arguments are the same as the arguments for prohibition of smoking of tobacco in public places like restaurants, trains, etc.
Arguments against prohibition include civil rights issues (including religious ones), loss of potential tax revenues, unnecessary criminalization of ordinary people and the enforced mixing of cannabis users with sellers of more dangerous drugs and the associated criminal underworld.
An often overlooked argument against prohibition is the inevitable increase in potentially dangerous impurities that distribution through criminal networks entails (although this is mainly relevant to hashish and, of course, other illegally manufactured drugs) and the health hazards and their costs that these impose.
An often overlooked argument pro prohibition is that legalization will promote drug tourism and criminal networks in other parts of the world where cannabis is not legal.
For more detail see Arguments for and against drug prohibition or Cannabis(drug).
Cannabis Consumption vs. Alcohol Consumption: Intent in Legalization
It has been hotly debated in the legalization of cannabis in The U.S. The main argument being that although alcohol is legal, cannabis is not. The UK Science and Technology Select Committee underwent an assessment of 20 legal and illegal stimulants in order to classify them to their harmful rates. According to the New Scientist Magazine. Issue 2563. from August 2006, cannabis was placed behind alcohol and classified as a class C substance, with A being the most harmful. The classification of cannabis as a class C substance is however controversial in the U.K. and the present U.K. government is expected to change cannabis back to class B based on new reports [56] The major points brought to light regarding the case were the comparisons between cannabis consumption and alcohol consumption in temporary impairments, withdrawal, tolerance, and dependence.
Source: New Scientist Magazine. Issue 2563. August 2006, page 5. Drug-danger 'league table' revealed.
Temporary impairments: Alcohol consumption causes severe motor skill deficiency to the point where one cannot perform any physical or mental activities that deal with coordinated tasks. At the same time, judgement and decision making abilities severly decline. Marijuana share the same temporary impairments, but instead of severly damaging the abilities that one has sober, it only merely slows them down.
Withdrawal: The symptoms in alcohol withdrawal of frequent drinkers according to Symptoms of Alcohol Withdrawal written by Buddy T, About.com are as follows:
Feeling of jumpiness or nervousness, feeling of shakiness, anxiety, irritability or easily excited, emotional volatility, rapid emotional changes, depression, fatigue, difficulty with thinking clearly, bad dreams, headache - general, pulsating, sweating, especially the palms of the hands or the face, nausea, vomiting, loss of appetite, insomnia, sleeping difficulty, paleness, rapid heart rate (palpitations), enlarged, dilated pupils, skin being clammy, abnormal movements, tremor of the hands, involuntary, abnormal movements of the eyelids, a state of confusion and hallucinations (visual) -- known as delirium tremens, agitation, fever, convulsions.
Marijuana withdrawal symptoms, covered in Teens in Treatment Report Marijuana Withdrawal Symptoms written by University of Vermont, for About.com do not nearly number as highly as the only three mentioned are anxiety, aggression, and irritability.
Tolerance: Where one can drink to the point of death, there has been no cases of cannabis intake to the same extent. Alcohol tolerance increases through time, as the abuse becomes larger with more and more intake; as for marijuana usage, the difference between beginning stages and further stages is not much.
Dependence: According to research conducted by Jack E. Henningfield, PhD for NIDA, Reported by Philip J. Hilts, New York Times, Aug. 2, 1994 "Is Nicotine Addictive?" Marijuana is far less addictive than alcohol. The difficulty in which it is for the user to quit, the relapse rate, the percentage of people who eventually become dependent, the rating users give their own need for the substance and the degree to which the substance will be used in the face of evidence that it causes harm are all relevant in the statement. Marijuana has been smoked by nearly 50% of all Americans, and only 1% of that number smoke regularly. When compared to the ratio of alcoholics to the total people who tried alcohol, marijuana intake frequency is ten times lower.
Hundreds of reported deaths are linked to alcohol consumption. The consumption of alcohol is also the direct cause of tens of thousands of deaths in the U.S. each year. According to http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5337a2.htm, in 2001, there were 331 alcohol overdose deaths and 0 marijuana overdose deaths. Source: U.S. Centers for Disease Control (CDC). Excessive alcohol consumption is the third leading preventable cause of death in the United States and is associated with multiple adverse health consequences, including liver cirrhosis, various cancers, unintentional injuries, and violence. According to http://www.cdc.gov/nchs/fastats/alcohol.htm, The U.S. Centers for Disease Control reported 20,687 “alcohol-induced deaths” (excluding accidents and homicides) in 2003.
About Cannabis as drug see article Cannabis(drug).
See also
Further reading
References
- ^ Positive and negative cerebral symptoms: the roles of Russell Reynolds and Hughlings Jackson. Retrieved on 2006-03-25.
- ^ VeryImportantPotheads.
- ^ VeryImportantPotheads.
- ^ VeryImportantPotheads.
- ^ Kaplan, J. (1969) "Introduction" of the Report of the Indian Hemp Drugs Commission ed. by The Honorable W. Mackworth Young, et al. (Simla: Government Central Printing Office, 1894) LCCN 74-84211, pp. v-vi.
- ^ W.W. WILLOUGHBY: OPIUM AS AN INTERNATIONAL PROBLEM, BALTIMORE, THE JOHNS HOPKINS PRESS, 1925
- ^ VeryImportantPotheads.
- ^ Gieringer, Dale H. (2006-06-17). "The Origins of Cannabis Prohibition in California". Contemporary Drug Problems 26 (2). Retrieved on 2007-01-05. p.13
- ^ STATEMENT OF DR. WILLIAM C. WOODWARD
- ^ ?.
- ^ VeryImportantPotheads.
- ^ VeryImportantPotheads.
- ^ VeryImportantPotheads.
- ^ VeryImportantPotheads.
- ^ VeryImportantPotheads.
- ^ VeryImportantPotheads.
- ^ VeryImportantPotheads.
- ^ VeryImportantPotheads.
- ^ VeryImportantPotheads.
- ^ a b VeryImportantPotheads.
- ^ VeryImportantPotheads.
- ^ http://www.norml.org/index.cfm?Group_ID=6313
- ^ W.W. WILLOUGHBY: OPIUM AS AN INTERNATIONAL PROBLEM, BALTIMORE, THE JOHNS HOPKINS PRESS, 1925
- ^ UNODC
- ^ http://www.dassa.sa.gov.au/site/page.cfm?u=129
- ^ http://ldp.org.au/federal/policies/victimlessCrimes.html
- ^ "Judge rules Canada's pot possession laws unconstitutional", CBC, 2007-07-19. Retrieved on 2007-10-01.
- ^ "Scan of OCJ Decision", OCJ, 2007-10-19. Retrieved on 2007-11-20.
- ^ "Another Judge Agrees: Canada's Pot Laws Are Unconstitutional and DO NOT EXIST!", 2007-11-16. Retrieved on 2007-11-20.
- ^ "Professor Hutchinson Emails Federal Prosecutor Kevin Wilson", Doug Hutchinson, 2007-10-22. Retrieved on 2007-11-20.
- ^ Speaking Notes for ROB NICHOLSON, Minister of Justice of Canada, 2007-11-20
- ^ Tories reveal mandatory jail terms for growing marijuana
- ^ Canada's marijuana law and the debate over decriminalization
- ^ All texts in Czech language. Drug related laws. until 1938, after 1945, after 1990. Allowed drug limits for personal use, 2007 drug statistics. Supreme Court case being disregarded by police.
- ^ Randewich, Noel. "Mexico to decriminalize pot, cocaine and heroin", Reuters, 2006-04-28. Retrieved on 2006-04-28.
- ^ "Mexican legal drug proposal rejected", Sign On San Diego, 2006-05-04. Retrieved on 2006-05-13.
- ^ "Mexico denies drug law veto result of US pressure", Dominican Today, 2006-05-04. Retrieved on 2006-05-13.
- ^ "Protest at Mexican Consulate in New York, Friday", Scoop, 2006-05-05. Retrieved on 2006-05-13.
- ^ "Drug Bill Veto Sparks Mexico City Marijuana Smoke-In", Fox News, 2006-06-05. Retrieved on 2006-05-13.
- ^ ?. DutchNews.nl (2007-03-21). Retrieved on 2007-03-21.
- ^ Washington Post Changing Patterns in Social Fabric Test Netherlands
- ^ Rotterdamse gemeente doekt 27 coffeeshops
- ^ UNODC: Sweden’s successful drug policy, 2007
- ^ Art. 8 par. 1 lit. d of the Federal Narcotics Law
- ^ Art. 19 of the Federal Narcotics Law
- ^ See the message to Parliament accompanying the government's decriminalization proposal; Federal Official Journal (BBl/FO) 2001 3715, p. 3719/21
- ^ 1999 Cannabis Report of the Federal Narcotics Commission, p. 18.
- ^ Id. at 20.
- ^ Ibid.
- ^ Message to Parliament, op.cit., at 3733.
- ^ 1999 Cannabis Report, op.cit., at 47.
- ^ Id. at 46, note 8.
- ^ Message to Parliament, op.cit., at 3721.
- ^ See documentation available under docket no. 01.024 on the Parliament website.
- ^ See the English language website of the campaign.
- ^ a b Gordon Brown planning clampdown on cannabis over health concerns January 9, 2008.
- ^ http://www.cannabisculture.com/articles/4092.html
- ^ http://www.amnesty.it/news/1996/32800196.htm
- ^ http://www.stopthedrugwar.org/chronicle/241/philippines.shtml
- ^ http://www.preda.org/work/child%20rescue/minreport.html
- ^ http://portland.indymedia.org/en/2003/05/264281.shtml
- ^ http://stopthedrugwar.org/chronicle/192/chinakillings.shtml
- ^ http://www.mpp.org/archive/newtdth.html
External links
Novel excerpts
de:Rechtliche Aspekte von Cannabis
es:Aspectos legales del cannabis eo:Leĝaro pri kanabo fr:Législation sur le cannabis ru:Законный статус конопли sr:Законски статус конопље
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