The Case For Cannabis: Prohibition Is Cruel

There are a lot of differing political philosophies in the world, and they disagree on a great many matters. The closest we’ve been able to get to a universally agreed-upon value is that the Government ought to act to minimise human suffering. This article will make the argument that prohibition ought to be relaxed because it is cruel.

Cruelty is a malicious disregard for the suffering of other sentient beings. It was cruel to perform electroshock therapy on people without their consent. It is cruel not to summon medical help when one encounters a person in distress. It was cruel to not allow homosexuals to express their genuine regard for each other. Cannabis prohibition falls into the same category.

Some people will argue that not being allowed to use cannabis doesn’t constitute cruelty because it’s not really a big deal. There are many other things that we’re not allowed to do, so what does it matter if cannabis is another one of those things?

But that’s looking at it around the wrong way. People naturally live, and part of life is to explore what comes your way. People will naturally use cannabis, because others will offer it to them. Some of those people will find they really like it, perhaps even enough to use it daily. Punishing people for an act that they do naturally – especially when that act harms no-one – is an act of cruelty.

It’s cruel to cage a bird, or keep a cat inside, because it’s a violation of their natural instincts to be free. The natural instincts of a human being is to explore consciousness. Isn’t it, then, an act of cruelty to prevent them? Preventing a human from exploring their consciousness is as unnecessarily restrictive as keeping a cat or dog in a small cage for their whole life.

Forcing people to follow arbitrary laws and dictates is cruel, because it makes those people feel like they are of less value than those imposing the rules. Putting someone in a cage where they suffer intensely from being in close physical contact with extremely dangerous people, just because they don’t follow those arbitrary decrees, is beyond cruel. Yet, that is what our system does in the pursuit of enforcing cannabis prohibition.

Perhaps the worst cruelty is that done to the family members of those who are incarcerated for cannabis offences. For a family member who is relying on certain other members of their family for income or support, it seems almost egregious for the state to incarcerate those others on account of a cannabis offence.

It’s unlikely that many cannabis prohibitionists would like to explain to a small child how the supposed dangers of cannabis are so great that it necessitates putting their parent in jail. They would much rather prefer that social workers and Police officers explained that to the children of parents imprisoned for cannabis offences. This cowardice exposes that cannabis prohibition is underpinned by an absence of compassion.

Some people ought to think about what sort of world they want to live in, because the compassion or cruelty of the laws under which we live have an impact on whether people act to ameliorate each other’s suffering or not. The legal system, whether we like it or not, sets the standard for whether we are compassionate or harsh towards those who really crash out.

Passing a law that says a person has to go in a cage if they grow a medicinal plant sets a precedent for what the appropriate level of compassion in our society is. And it’s a low one. Locking people up for using medicinal flowers shows that we are a brutal people. It shows that even if a person can provide a fair reason for using a medicinal substance, the Government can just bulldoze through and imprison them anyway.

Some of the older prohibitionists might like to consider that they themselves will soon be in need of compassion, because their bodies will continue to decline towards death. In a person’s final few years, they are just as dependent on the goodwill of others as they are in their first few years. If one is old, therefore, it’s to one’s own benefit to normalise compassion and empathy.

Even if the argument is made that the point of the cannabis laws is to prevent suffering (by way of preventing addiction and mental illness), the reality is that there are hundreds of millions of cannabis users who are happy to tell you that their use of cannabis prevents suffering. It’s cruel not to listen to these people, to tell them that their claims of being helped by cannabis are delusions and that they should be in a cage for their own good.

Ultimately, this argument asserts that there’s enough cruelty in the world, and that we don’t need any more. Cannabis should be legalised because it’s cruel to punish people for using a medicinal flower that doesn’t harm anyone. This would contribute to a world with less suffering in it – something that we all benefit from.

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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: Effectiveness of The Prison System

One of the major problems with cannabis prohibition is that it makes other parts of society function sub-optimally. In the same way that prohibition makes policing more difficult, and makes a mockery of the justice system, it also makes a mockery of the prison system. This article looks at the argument for cannabis law reform from the point of view of the prison system.

The prison system, in practice, serves a wide variety of objectives. Ideally speaking, however, it needs to fulfill one primary and one secondary objective. The primary objective is to keep society safe from the predations of criminals. The secondary objective is to rehabilitate those criminals so that they don’t come back.

Cannabis prohibition is in direct conflict with this primary objective. The idea of keeping society safe from someone who grew a medicinal flower doesn’t make any sense, because growing medicinal flowers helps people and doesn’t harm them. In fact, doing so makes society more dangerous, for a number of reasons.

The most obvious harm is caused by taking a person who probably wasn’t malicious (a cannabis user), and putting them in close contact with genuinely dangerous people, who are apt to teach that cannabis user how to become dangerous themselves. Prisons serve as a university of crime, because crime is the one thing that anyone in a prison can count on having in common with other people in a prison.

There’s no overall benefit to putting someone who has grown a cannabis plant in prison with people who are going to teach him how to manufacture methamphetamine, or to embezzle, or to commit other serious crimes. The end result will only be an actual criminal. From the perspective of harm reduction, it’s counter-productive to take a person who wasn’t harming anyone and turn them into a person who does harm people. It’s madness.

Even worse is the harm done to the families of the people incarcerated for cannabis offences. The stress on the partner or parent of someone imprisoned is great, and lasts for at least the time of the sentence. Perhaps the worst of all is the damage done to the children, who, after seeing one of their family members locked up for nothing, inevitably come to see the state as their enemy.

One other consideration is that a person sentenced to prison for a cannabis offence may become embittered. Getting locked in a cage like an animal for an action that caused no harm is not the sort of thing can easily be forgiven. It’s the sort of thing that a person tends to resent for the rest of their lives, making them a nastier person. Everyone loses from this.

In the context of cannabis prohibition, the concept of rehabilitation – the second major objective of the prison system – doesn’t make any sense either.

The idea of rehabilitation involves convincing a criminal that their previous actions caused unwarranted suffering to innocent people, should not have been done, and should not be repeated. If a criminal can learn this, then they can be released into the community and be expected to not commit that crime again. As a result, the community becomes safer.

In the case of a cannabis offence, however, what’s to rehabilitate? How can one go about “rehabilitating” a person who hasn’t caused any harm to anyone? The fact is that it’s all but impossible to convince a normal person that they are a criminal on account of cannabis. It’s impossible to appeal to the harm caused, unlike a genuine crime, because there isn’t any.

Many people who are in prison for cannabis offences grew cannabis to meet other people’s medicinal needs. These people are the opposite of criminals – they are heroes. Although they might not be seen as such by the “Justice” System, they are certainly heroes in the eyes of the people with medical conditions who couldn’t otherwise access an effective medicine.

Every honest person knows that the cannabis laws are an example of illegitimate, unjust dictates, and therefore there’s no “rehabilitating” a person who defies them. The laws make our prison system into a sham by putting non-harmful people there. This causes harm to everyone related to the cannabis user, as well as harm to the average person’s faith in authority.

Legalising cannabis would return our prison system to its primary objective of keeping people free from harm. This would mean that our prisons were only populated by those willing to harm others, and not medicinal flower growers. This would not only make the prison system more effective, but also less cruel.

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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: Prohibition Doesn’t Work

Although this book is full of arguments for cannabis law reform, all of them are technically forms of one great metaargument. All of the arguments for cannabis law reform, as the reader will discover, explore different facets of the failure of cannabis prohibition. This essay examines the fundamental argument at the core of the case for cannabis law reform – that prohibition doesn’t work.

Although there are a plethora of different kinds of cannabis law reform, all of them are based on the recognition that cannabis prohibition has a number of costs that could be saved. Although it’s denied by many, prohibition does have costs – the cost of law enforcement, the cost of prisons, the cost of faith in the Government, the Police and the medical establishment, among others.

Therefore, in order for this cost to be justified, cannabis prohibition has to do something good. There have to be profits somewhere to make up for all the costs. If there aren’t, then cannabis prohibition is a failed experiment and must be ended.

So let us ask: what is the objective of cannabis prohibition?

If the objective was to prevent people from using cannabis, that has failed. In 2008, 14.6 percent of the New Zealand population had used cannabis within the past 12 months, which is comparable to the prevalence rate of tobacco use. A decade later, cannabis is even more popular than before, and tobacco even less.

No intelligent person seriously believes that the law can override the people’s will to use cannabis. Exactly like alcohol prohibition, which failed to stop people from using alcohol, cannabis prohibition won’t stop people from using cannabis. Not only do people have a will to use it, but they feel that they have the right to do so. They’re going to keep using it forever.

If the objective was to protect people’s mental health, that too has failed. Not only is there no correlation between rates of cannabis use and prevalence of mental illness on the national level, but there is ample scientific evidence that cannabis does not cause psychosis or schizophrenia. The cannabis-psychosis link is best explained by the fact that cannabis is medicinal for many mentally ill people, and so they seek it out.

Instead of protecting people’s mental health, cannabis prohibition leads to the further social isolation of cannabis users by making them unwilling to speak candidly to mental health professionals, or to their friends or workmates. If cannabis is illegal, then confessing to using it is tantamount to confessing to criminal activity, so many mentally ill people who need help would rather just sit in silence.

If the objective was to protect children from psychoactive drugs while their brains are still developing, that too has failed. Because cannabis is on the black market, and therefore sold by criminals, there is nothing in the way of age checks between young people and the cannabis supply. Gang members will happily sell bags of cannabis to 12-year olds if they have the cash.

People often make the “think of the children!” argument when it comes to cannabis law reform, but the simple fact is that prohibition makes it easier for minors to get hold of cannabis. Proof for this is as simple as asking a minor if it’s easier to get hold of alcohol or cannabis. They’ll tell you that it’s harder to get hold of booze because those selling it are serious about keeping their liquor license.

If the objective was to instill respect for authority, that’s completely backfired. Cannabis prohibition is so stupid an idea that the people at large have lost respect for those pushing at and those enforcing it. Although the idea that one’s politicians are stupid and evil is far from new, these sentiments become problematic when they’re applied to other segments of society. Prohibition, however, makes this all but inevitable.

Many New Zealanders have now come to feel that the Police are their enemy, because Police officers have shown themselves willing to confiscate people’s medicine and to imprison them for using it. Far from being the trusted community servants that they are seen as in places like Holland, they’re seen as enemy soldiers waging an immoral war against an innocent people. To a great extent, this is the fault of cannabis prohibition.

All of these arguments (among others) are discussed at length in the various chapters of this book, but they all support the central thesis – that cannabis prohibition doesn’t work. It doesn’t achieve its stated aim of reducing the sum total of human suffering, and if it doesn’t achieve its stated aims, then it isn’t justified to continue with it any longer.

The men who pushed cannabis prohibition on a naive and unsuspecting public almost a century ago are now dead. Whether they knew they were speaking falsehoods or whether they were genuinely misled is no longer material. The right thing for us to do is to assess reality accurately, so that we can move forward in the correct direction.

If we look around the world honestly, it’s obvious that prohibition has failed. Not only is cannabis culture thriving, even in the most unlikely places, but support for cannabis law reform is rising almost universally, across all nations and demographics. The most striking sign is the ever-increasing number of states, territories or countries that have recently liberalised their cannabis laws.

The cynic might say that this is an example of the bandwagon fallacy, but that is not an accurate criticism. The reason why so many countries are changing their cannabis laws is because the evidence against cannabis prohibition has now mounted so high that it can no longer be ignored. There are now many countries liberalising their cannabis laws for the simple reason that the evidence suggests that it’s a better approach.

Cannabis prohibition simply doesn’t work. There is nowhere in the world that has prohibited cannabis and observed any result other than more poverty, distrust, misery and hatred. It’s fundamentally for this reason that the cannabis laws ought to be reformed.

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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: Cannabis Does Not Make People Violent

As ridiculous as it may sound to many, the public opinion of cannabis and its effects have been informed by images like the murder scene from Reefer Madness. In the minds of a large section of the voting-age population, using cannabis leads directly to a desire to murder other people just for the thrill of it, or at least to an meth or alcohol-like aggression. This article looks at the truth.

Anyone who has been part of a cannabis-using scene knows that the supposed link between cannabis and violence is bullshit. It’s simple enough to just contrast the results of cannabis cafes in Amsterdam, or cannabis festivals, with bars and pubs just about anywhere else. Cannabis, by itself, makes people mellow in the vast majority of cases.

The myth that cannabis makes people violent was proven false as far back as 1977. A review published that year in the Psychological Bulletin stated that “The consensus is that marihuana does not precipitate violence in the majority of those using it sporadically or chronically.” All of the further research since then backs up this point.

Interestingly, that article cites the importance of set and setting, which is something that any responsible person would emphasise if they wanted to reduce harms (more on this below).

The presence of a scientific consensus that there is no causal link between cannabis use and violence doesn’t stop prohibitionists from cherry-picking data and research to create the impression that such a link exists. After all, there are correlations between all kinds of things, but (as any honest scientist knows) these correlations are often best explained by underlying third factors.

There is certainly a correlation between violence and cannabis, as there is between violence and everything on the black market. This is inevitable, because anything on the black market is all but guaranteed to be sold by someone who won’t go to the Police if they are ripped off, stood over or killed. Cases like the example of Marlborough man Colin Farrell, who was robbed of his cannabis plants in a home invasion, only happen because of prohibition.

It’s true of everything that if only criminals use it, it will have an association with crime. It’s also true that if something is illegal, then only criminals will use it. Therefore, anything that’s illegal will have an association with crime. This, by itself, explains most of the link between cannabis and violence.

Another reason why an association exists between cannabis and violence is that some people use cannabis as part of a pattern of polydrug usage during nihilistic benders. There are a lot of meth benders that end up with a person smoking cannabis to try and calm themselves down and get to sleep, only to find it not quite working, at which point something really out of order often happens. The same is true of alcohol benders.

This is why the headlines proclaiming things like “Cannabis Crash Tragedy Kills Five” inevitably lead into an article that describes how the driver was also drunk, and/or on meth and/or on prescription sleeping pills. The mainstream media is happy to play up the cannabis angle to these stories, partly because drink driving fatalities are not news and partly because it pleases the alcohol manufacturers who spend millions advertising in that same media.

Logical thinking tells us that, just because a person smoked cannabis and became violent later doesn’t mean that the cannabis caused the violence. This is an example of the informal logical fallacy known as post hoc ergo propter hoc, or “after this, therefore because of this.” This is because people who smoke cannabis and become violent have usually been drinking alcohol or doing methamphetamine at the same time, or haven’t slept for days.

Logical thinking would ask: “Where are the cases of murders and violent crimes being committed by people who were only on cannabis and nothing else?”

Of course, there are few or none – even making an Internet search for examples comes up with little. This is because the people who are using cannabis without also using alcohol or methamphetamine are almost always just quietly using it at home, to relax, in a similar manner to how many responsible people drink alcohol daily.

Much like alcohol, the emphasis ought to go on educating people about the real effects of the substance. Absurd lies like the Reefer Madness story have to be consigned to history, where they belong alongside witch hunts, virgin sacrifices and the persecution of left-handers as embarrassing examples of human superstition, cowardice and stupidity.

The truth about things like set and setting have to be explained to people, so that they can make intelligent decisions about their cannabis use instead of relying on abstinence-based fearmongering (this is true of alcohol as well as cannabis). Part of this involves only using cannabis in situations where they are safe and where they don’t have to be responsible for anything, and preferably around people they like and who won’t harass them when they are high.

Any correctly informed person who is concerned about violence would support the legalisation of cannabis, because it would replace known violence-causing drugs (in particular alcohol and methamphetamine) with something that causes less violence. In reality, the connection between cannabis and violence is so weak that, far from being an argument for its prohibition, it’s an argument to legalise it.

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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.