justice – Page 58

The Case For Cannabis: A Criminal Record is A Disproportionate Punishment

Cannabis possession or cultivation are currently crimes, which means that a criminal record is a common result from being arrested for a cannabis offence. Our justice system, however, is supposed to operate on the principle that “the punishment fits the crime”. This article will argue that getting a criminal record for anything to do with cannabis is grossly disproportionate, considering the severity of the crime.

Having a criminal record makes a person’s life a lot harder. Many employers will filter out applicants with criminal records before they even seriously consider them. This is true of almost every job that requires any real responsibility. This means that a future of poverty, or at least severely limited economic opportunities, is a common consequence of getting a criminal conviction.

Of course, having a criminal record is supposed to make people’s lives harder. A criminal is a person who has declared that they are unable or unwilling to abide by the rules of decent society, and it’s fair that they’re marked as such for the safety of other people. We’re not allowed to chop people’s hands off anymore, so there’s no other way to clearly mark a person as a member of the criminal class other than to give them a record.

The problem is that cannabis use isn’t a crime like a real crime is. Real crimes have victims. It’s fair that a criminal record marks a person who has acted with gross disregard or malice towards life and towards suffering. But a person who grew some medicinal cannabis plants has not shown any callousness or ill will. If anything, they should be rewarded for taking actions to alleviate suffering in the face of discouragement from the law.

Becoming unemployable because of a criminal record is one thing if you are a murderer, rapist or fraudster. In cases like these, it’s probably fair for the vast majority of employers to rule such people out from the beginning. But a person who used cannabis, even if they grew it, has not done anything to warrant being placed in the same class as those who have callously brought harm to others.

In any case, that’s not where the punishment ends. Most fair people can agree that it’s unnecessarily brutal for a person with a cannabis conviction to have trouble finding work for the rest of their lives, but it’s also extremely hard to travel with a criminal conviction. Many countries – Canada and America among the most notorious – regularly refuse to let people in if they have a criminal record, reasoning that they have failed to demonstrate sufficient good character.

These two punishments tie in with each other. Many jobs nowadays involve international travel, and this pattern looks set to continue as the world continues to globalise and integrate. This means that, in order to be able to perform an increasing number of jobs, one needs to be free to travel internationally. A person with a criminal conviction preventing them from travel is effectively disqualified from all of these jobs.

Forty years ago, when the War on Drugs was just ramping up, the sort of person who got a cannabis conviction probably wasn’t likely to travel overseas anyway. But in 2019, being restricted from overseas travel for life is a heavy punishment indeed.

It’s worth noting here that a criminal record also affects the wider family. An adult whose employment and travel opportunities are restricted will have trouble providing not only for themselves, but also for their families. So the children of people who grow up with cannabis convictions are also punished.

All of this constitutes obscene cruelty, especially when it is considered that cannabis is a medicine, and that most people who grow it do so to alleviate suffering.

It was once – falsely – believed that cannabis caused a lot of harm. When it was thought that cannabis was a dangerously addictive drug that destroyed peoples minds, then giving someone a criminal record for cannabis may have made some vague kind of sense. Now that we know that cannabis prohibition was built on false premises, it is apparent that giving someone a criminal record for dealing with it is unfair.

In this case, the correct thing to do is to formalise this state of affairs, and as soon as possible, by repealing cannabis prohibition. We can no longer, in good faith, argue that giving someone a criminal conviction is a punishment that fits the suffering caused by the supposed crime.

This article is an excerpt from The Case For Cannabis Law Reform, compiled by Vince McLeod and due for release by VJM Publishing in the summer of 2018/19.

The Four Alchemical Realms of Law

When people talk about whether or not something is illegal, they’re talking about whether or not something is against the law. The problem with this logic is that there are several different kinds of laws, and some of them override others. As this article will examine, there is a realm of law corresponding to each of the four masculine elements of clay, iron, silver and gold.

The realm of clay corresponds to natural laws. These laws are fundamental, and therefore they underpin all the laws of iron, silver and gold. Like the clay, these laws are so fundamental that they don’t need to be written down, and they don’t need to be understood. They are simply Nature doing its thing, and they have applied long before any human laws existed, and still apply to the vast, vast majority of the Earth’s creatures.

In a state of Nature, most people are barely aware that these laws exist, until they feel the pleasure or pain that comes with acceding to, or violating, those laws. But the laws of Nature exist no matter whether a person is aware of them or not. Fall off a cliff, you die. Eat poison, you die. Get too close to the big animal with the sharp teeth, you die.

Although the basic laws of Nature are physical laws, and then chemical laws, some of them are also biological laws. Laws of clay that start to approach the realm of the laws of iron are those like “Don’t try to have sex with female X or male A will thump you over the head.” These are essentially the same laws that non-human creatures use to defend their territory or resources. “Might is right” is an example of the laws of clay.

The realm of iron corresponds to the the laws that are enforced by organised human violence. When civilisation began, all offences against the sensibilities of property owners were written down into a code of laws, and penalties for transgressing them proscribed. An entire class of judges and jailers came into being to enforce these laws, paid for by the surplus wealth generated by the order that came with civilisation.

These are laws of iron because the Police will beat you up or put you in a cage if you disobey them. You may even get your head chopped off with an iron axe. Unlike natural laws, legal laws are written down, and therefore can be enunciated very clearly (although some will always quibble). The point of this was to distinguish them from the laws of clay, which were never any more than simple animal instincts.

Like iron, the laws of iron are unyielding. The Justice System doesn’t care if you knew it was illegal or not, or if you really meant to do it or not. Justice is blind, which is another way of saying that it is merciless. Laws degrade into laws of clay once money starts getting involved in the justice system and better lawyers get lighter sentences. But when they don’t degrade, the edges of them become gilt with silver.

The realm of silver corresponds to the laws that are enforced by society. These are the laws that relate to social status, i.e. whether or not a person is considered high value by their community. Violating laws of silver doesn’t carry a risk of arrest like violating laws of iron does, but they can lead to people being less friendly towards you, and giving you fewer employment, social or romantic opportunities. Obeying laws of silver tends to lead to the opposite.

As silver is softer and brighter than iron, so are the laws that fall under the realm of silver more malleable than those that fall under the realm of iron. A person who has transgressed a law of silver, and who has earned some enmity from his fellows, can escape punishment by making a sufficient compensatory effort. Therefore, the laws of silver are more subtle than the laws of iron, and can also change on a whim.

However, like iron, they are cold and sharp enough, in their own way. Many a man has been found innocent at trial but nevertheless destroyed by whispering and gossiping. Social exclusion might be more subtle than an axe, and the consequences less permanent, but it is still enough to cause suffering, and therefore enough to modify social behaviour.

The realm of gold corresponds to the laws that are enforced by God. In this sense, the laws pertaining to the realm of gold are similar to those pertaining to clay, in that they are not written down, and neither are they social. Although other people might be able to help a person understand the laws of clay and gold, they can’t force that person to abide by them, unlike the laws of iron and silver. They can only instruct and leave it up to that person’s true will.

It isn’t easy to speak about what the laws of gold are, but it can be said that they are even more subtle than those of silver and iron. Here we are speaking of laws like the law of karma and the law of attraction. It has to be understood at this point that the realm of gold is the realm of consciousness, and its laws relate to how to alter the frequency of one’s consciousness.

Much of alchemy is the art of playing higher laws off against lower ones, so that one causes change in accordance with one’s will despite being bound by laws the entire time. This is a subject of its own and deserves its own essay, but there are some things that can be said about it here.

One can alter one’s consciousness by obeying laws in higher realms at the expense of laws in lower realms. The most powerful example of such a thing was the example of Socrates. By obeying the laws of gold, and completely ignoring all of the laws of silver, iron and clay to the point of causing his own death, Socrates made himself immortal in this world. Likewise, gathering with friends to break unjust laws of iron (such as drug laws) can create magically powerful bonds of solidarity.

This is another possible interpretation of Aleister Crowley’s saying that “The key to joy is disobedience”. By disobeying the cruder laws, such as the law of biological entropy, unjust statutory laws and by prising the truth above social fashion, it’s possible to raise the level of one’s consciousness. A skilled alchemist can therefore reduce the level of their suffering, and the level of the suffering around them, even as they disobey laws, and even though disobeying those lower laws consistently brings suffering.

If you enjoyed reading this essay, you can get a compilation of the Best VJMP Essays and Articles of 2018 from Amazon for Kindle or Amazon for CreateSpace (for international readers), or TradeMe (for Kiwis). A compilation of the Best VJMP Essays and Articles of 2017 is also available.

The Case For Cannabis: Law Reform Would Bring Sense to Workplace Drug Testing

One of the worst things about cannabis prohibition is not that it gives people to opportunity to mistreat each other, but that it coerces them into doing so. The fact that cannabis is illegal means that people are essentially forced into taking particular measures when they come into contact with it. These measures often unfairly impact a number of people, which is another reason why the cannabis laws ought to be changed, as this article will examine.

Right now, in many places across the West, there is a common but extremely cruel phenomenon taking place. It is that of all of the people losing their jobs because of being forced to take a urine sample at work, and having it turn out positive for cannabis.

The logic goes like this. Many jobs, in particular those involving the operation of heavy machinery, cannot be performed safely by those under the influence of drugs. This goes for not only alcohol and cannabis but for many other substances. These jobs require a sober mind, because anyone not sober could easily kill themselves, someone else, or do millions of dollars worth of damage.

Fair enough. But because it’s not always possible to rely on a person to come to work sober, some insurance companies, as a condition of granting insurance, make it necessary for the company seeking insurance to perform drug tests on their employees so that they can remove the ones who are working under the influence of some drug, thereby making the workplace safer.

This is fair-ish, but where it truly crosses the line into unfairness is the fact that instead of testing for cannabis impairment, the urine tests test for the presence of certain metabolites that are present in the urine if the person has used cannabis at some point in the recent past, perhaps even 30 days (or more). So the urine test can only determine if you have used cannabis recently, not whether you’re impaired at the time of the test.

This means that “failing a drug test” has got little to do with whether or not your ability to do your job safely was impaired. Many people who get fired for failing a drug test are not even impaired at the time the test was taken. So a lot of people are getting discriminated against, unfairly, on account of cannabis use that probably isn’t even affecting their ability to perform their work duties safely.

In many cases, the employer is perfectly fine with this arrangement. Any employee who uses cannabis is more likely to be a freethinker and therefore disobedient, or more likely to demand a higher wage. A urine test that reveals both a tendency towards freethinking and evidence of having committed a crime is a perfect excuse to fire someone, but the option shouldn’t be available.

If cannabis became legal, some things would change with regards to this arrangement. Of course, cannabis law reform wouldn’t suddenly make it legal to go to work stoned. Every workplace would still be obliged to meet the same health and safety standards as before. The most likely difference is that it could become possible that any employer drug testing their staff was legally mandated to use swab tests to test for impairment, and not urine tests to test for the presence of metabolites indicating use within the past 30 days.

Generally employers prefer to do a urine sample because it’s cheaper, but if cannabis were legal, an employee might be able to bring a case for unfair dismissal to court if they were fired for the presence of metabolites in the urine. Such a case might well rule that, if cannabis is legal, such an action constitutes unfair dismissal, and therefore the employer is obliged to use a swab test to test for impairment instead.

It could be argued that employers would actually benefit from this policy as well. In the modern workplace, finding staff is harder than before on account of the increased need for training and education. If a person wants to work, there’s no reason why the fact that they smoked a bong two weeks ago should prevent them. The reality is that they’re probably safer than someone who is hungover.

It would be better for everyone for the law to change so that some sanity could be restored to the issue. If cannabis were legal, than the workplace standard would be a swab test for intoxication, not a urine test for the presence of metabolites. This would mean that it was possible to make a distinction between stoned people, who shouldn’t be in certain workplaces, and people who have used cannabis recently, who are no less safe than anyone else.

This article is an excerpt from The Case For Cannabis Law Reform, compiled by Vince McLeod and due for release by VJM Publishing in the summer of 2018/19.

The Case For Cannabis: Legalisation Would Not Increase Rates of Cannabis Use

A common prohibitionist double-whammy is to argue that cannabis should remain illegal because, if it were made legal, people would use it more, and because its use is harmful, legalisation would therefore lead to more harm. This article will not argue whether cannabis is harmful (this is done elsewhere), but will simply summarise what the evidence suggests: that legalisation will not increase rates of cannabis use.

It seems intuitively obvious that making cannabis illegal lowers the rate of cannabis use. After all, the whole point of making it illegal was to make it harder to get, and if it were legal people would be able to buy it from shops.

Fair enough, but the statistics show a different story.

The truth is that cannabis cultivation is so common (believed to account for 1% of electricity consumption) that pretty much anyone who wants to get hold of it can, except for times of unusually high demand. This means that the cannabis market is already saturated – and this can be demonstrated with reference to real-world examples.

The most obvious counterpoint to the argument that legalising cannabis will increase rates of use is the fact that rates of cannabis use are not higher in places where it is legal.

In the Netherlands, 8% of the adult population has used cannabis at some point in the last 12 months. This rate is lower than in Australia (10.6%), where cannabis is illegal, and much lower than in New Zealand (14.6%), where cannabis is also illegal. In countries such as Israel and Ghana, the rate of cannabis use is higher still. Cannabis might not be technically legal in the Netherlands, but in practice anyone who wants to buy it from a shop can do so.

If legalising cannabis will inevitably cause rates of use to increase, how can it be possible that rates of use are lower in a place where it is legal, where getting supplied is as simple as walking into a shop? If the link between cannabis being legal and higher rates of cannabis use is so certain, we could expect to see higher usage rates in all the places where it is legal, and lower usage rates in all the places where it is illegal. In reality, any such correlation is hard to discern.

The truth is already known to anyone who has ever been to the Netherlands. Cannabis is easy to get hold of, yes, and the Police won’t harass you for it, that’s true, but the bulk of the population would rather drink alcohol anyway. Cannabis law reform didn’t turn a large number of non-drug users into cannabis users – a small number of alcohol users became cannabis users, and the rest stayed the same.

The absence of a correlation between the legal status of cannabis and the rate of use within a jurisdiction is not the only place that statistics disprove the idea that legalisation will lead to more cannabis use.

A poll by the Colorado Department of Public Health found that cannabis use rates declined among teenagers after legalisation, with rates of teenage use in Colorado lower than the American national average. Another study, the National Survey on Drug Use and Health, supports the idea that teenage cannabis use rates actually declined after it was made legal.

In fact, the latter study suggests that teen cannabis use rates declined in the majority of states that recently made cannabis legal. It may be, as some have suggested for decades, that the Government lying about the effects of cannabis and exaggerating its dangers was what led to many young people becoming attracted to it. Had there never been an unjust law prohibiting cannabis, it’s possible that the rebellious section of society would never have felt obliged to defy it.

At this point it could be countered that, even if teenage usage rates of cannabis go down, and even if this was the most important thing, adult rates of cannabis use might still increase if cannabis were legalised, and that this might lead to more harm. Leaving aside the fact that this argument has already been countered in the first part of this article, it doesn’t even apply here.

There is little doubt that some people will replace recreational alcohol use with recreational cannabis use if it were legal to do so. Technically, this would mean that the rate of cannabis use would increase, but the rate of recreational drug use would remain the same. Moreover, the rate of harm caused by recreational drug use would decrease if some people replaced boozing with cannabis, on account of that alcohol is more harmful.

Ultimately, the argument that cannabis legalisation would lead to more suffering through increased rates of cannabis use is in error, for multiple reasons. A review of the statistical data shows that cannabis use is not higher in places where it is legal, and also that rates of teen use have declined in American states that have made it legal.

This article is an excerpt from The Case For Cannabis Law Reform, compiled by Vince McLeod and due for release by VJM Publishing in the summer of 2018/19.