Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Thursday, May 14, 2015

"Marijuana Prohibition Is Unscientific, Unconstitutional, And Unjust"

The title of this post is the headline of this new Jacob Sullum commentary at Forbes.  Here are excerpts:

[N]o one should pretend that marijuana prohibition was carefully considered or that it was driven by science, as opposed to ignorance and blind prejudice.  It is hard to rationally explain why Congress, less than four years after Americans had emphatically rejected alcohol prohibition, thought it was a good idea to ban a recreational intoxicant that is considerably less dangerous.

It is relatively easy, for example, to die from acute alcohol poisoning, since the ratio of the lethal dose to the dose that gives you a nice buzz is about 10 to 1.  According to the U.S. Centers for Disease Control and Prevention (CDC), about 2,200 Americans die from alcohol overdoses each year.  By contrast, there has never been a documented human death from a marijuana overdose.  Based on extrapolations from animal studies, the ratio of the drug’s lethal dose to its effective dose is something like 40,000 to 1.

There is also a big difference between marijuana and alcohol when it comes to the long-term effects of excessive consumption.  Alcoholics suffer gross organ damage of a kind that is not seen even in the heaviest pot smokers, affecting the liver, brain, pancreas, kidneys, and stomach.  The CDC attributes more than 38,000 deaths a year to three dozen chronic conditions caused or aggravated by alcohol abuse.

Another 12,500 alcohol-related deaths in the CDC’s tally occur in traffic accidents, and marijuana also has an advantage on that score.  Although laboratory studies indicate that marijuana can impair driving ability, its effects are not nearly as dramatic as alcohol’s.  In fact, marijuana’s impact on traffic safety is so subtle that it is difficult to measure in the real world....

Even if marijuana prohibition were consistent with science and the Constitution, it would be inconsistent with basic principles of morality.  It is patently unfair to treat marijuana merchants like criminals while treating liquor dealers like legitimate businessmen, especially in light of the two drugs’ relative hazards.  It is equally perverse to arrest cannabis consumers while leaving drinkers unmolested.

Peaceful activities such as growing a plant or selling its produce cannot justify the violence that is required to enforce prohibition.  In the name of stopping people from getting high, police officers routinely commit acts that would be universally recognized as assault, burglary, theft, kidnapping, and even murder were it not for laws that draw arbitrary lines between psychoactive substances.

http://lawprofessors.typepad.com/marijuana_law/2015/05/marijuana-prohibition-is-unscientific-unconstitutional-and-unjust.html

History of Alcohol Prohibition and Temperance Movements, History of Marijuana Laws in the United States | Permalink

Comments

Some of the legislators who authored prohibition statutes likely abused alcohol and tobacco. That hypocrisy reeks of injustice (and stale booze).

Posted by: Mike Tse | May 15, 2015 7:19:36 AM

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