The Case For Cannabis: One Person Who Smoked Cannabis And Went Crazy Is Not A Pattern

If one talks to many prohibitionists, one argument that comes up over and over again is the argument from personal experience. They will tell a story about how they knew a person who was doing great, until one day they smoked cannabis and just went crazy. This article explain why this is not a legitimate reason to keep cannabis illegal.

It’s a familiar story by now. The straight-A student, the hard-working businessman or the devoted mother, all living amazing lives until they had a smoke of cannabis and then – boom, total mental collapse. It’s a story familiar to anyone who has seen the film Trainspotting, only it doesn’t really happen that way with cannabis.

It’s true that the use of cannabis often occurs at the same time that a person becomes a psychiatric casualty. Inevitably, however, further examination of the lives of these people show that things aren’t as simple as use cannabis, go crazy.

Psychosis isn’t normally something that just breaks out from nowhere. Usually it’s something that develops, quickly or slowly, over a period of time, during which the person becomes more and more agitated. In most cases when psychosis is preceded by cannabis use, there are multiple factors at play, in particular lack of sleep, anxiety, adrenaline and job, health or relationship stresses.

When a person hears about someone they know using cannabis and then having a psychiatric event, what they don’t also hear about is the surrounding life circumstances. Almost always, the supposedly “healthy” person was either starting to feel overwhelmed with the pressure and stress in their lives (which is what turned them to cannabis) or there was a pre-existing psychiatric condition that wasn’t known about and which was exacerbated by cannabis use.

More academically, it is said that the plural of anecdote is not data. Knowing that one person who had a psychotic break happened to have used cannabis at some point leading up to it is one thing. It is not, however, evidence that a wider pattern exists of perfectly healthy people using cannabis and then becoming psychotic.

Even more academically, arguing that cannabis should be illegal because you knew one person who smoked it and went crazy is an example of the fallacy of composition. This is a logical fallacy that states that something that is true of one member of a group (such as one cannabis user) is true of the entire group (all cannabis users).

In other words, even if was true that there was one person who did become psychotic purely on account of cannabis use and no other factor, it wouldn’t make it possible to generalise this experience onto all people who use cannabis. One example is just one example, and it requires many further such examples before one can conclude that using cannabis inevitably leads to psychosis.

However, it’s entirely possible that using cannabis can contribute to psychosis under certain circumstances.

The first common way is that it can bring up traumatic memories. A large number of people, perhaps even a majority, have some kind of suppressed memory. Usually this relates to an early childhood trauma, with violence and sexual assault being the most common. The percolating effect of cannabis on the thoughts can cause such repressed traumas to bubble to the surface, and often in contexts where the user is not prepared for them.

Many people have been forced to suppress these memories in order to have a chance at an ordinary life. So when they suddenly face them again, the stress of this can lead to an episode of mental disturbance. This is particularly true if the memory cannot easily be suppressed again.

The second common way is that it can bring the user into spiritual realms of thought that they may not be prepared for. As discussed at length elsewhere in this book, cannabis is a spiritual sacrament. The dangerous side of this is when people use it expecting a high, and instead find themselves confronted with deep existential or spiritual questions.

It’s normal for people to avoid thinking about the fact that they’re going to die one day. One of the most common ways to break this habit is to have a smoke of cannabis and find one’s mind drifting to unusual places. The deconditioning effect of cannabis can have a greatly beneficial effect on creativity, but push it too far and you can lose touch with the bonds tethering you to collective reality.

Neither of these common ways can be helped by making cannabis illegal. Pushing cannabis underground has only had the effect of making people unaware of the real psychological effects of the substance, and this lack of proper awareness has caused more damage than cannabis itself.

In any case, given the large numbers of people who do use cannabis in New Zealand, and the large numbers of mentally ill people in New Zealand, it’s not surprising for someone to know a person who is in both of these categories. If someone did know a person who used cannabis and later became mentally ill, that’s not indicative of a wider pattern.

Furthermore, this argument ignores all the people who use cannabis and don’t go crazy. If 11% of the population has used cannabis within the past 12 months, that’s a huge number of people. It means that the average person probably knows a couple of dozen cannabis users. If this is the case, then it’s notable that they only knew one person who seemed to have a psychotic episode linked with cannabis use.

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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: 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.

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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: 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.

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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: 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.

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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.