The Case For Cannabis: Reform Would Not Send The Wrong Message to the Children

One of the usual reasons trotted out for opposing cannabis law reform is that it “wouldn’t send the right message to the kids”. This was the statement that John Key frequently made to the media when pressed on the subject. As this article will examine, however, this thought-terminating cliche also attitude is mistaken.

It might sound laughable, but there are many in the New Zealand Government who believe that their personal conduct sets an example for the rest of the country to follow. These deluded fools genuinely believe that the young people of the nation look to them as an example of integrity, honesty and correct conduct. So detached from the people are they, that they are entirely unaware of the contempt in which they are held.

Some of these egomaniacs are afraid that making any move on cannabis law reform would “send the wrong message to the kids”. By this, they think that liberalising the cannabis laws will lead to a spate of young people taking up cannabis use as a habit, on account of that their elders had sent them the message that it was okay.

Leaving aside the obvious retort that this would actually be a good thing if it stopped those young people from doing as much alcohol or synthetic drugs, there are a number of reasons to think that this reasoning is illogical.

For one thing, the message that the politicians appear to be sending by example of their conduct is one of alcohol, tobacco and sleaze. If they are the ones setting the standards for the young to follow, then we can look forward to many decades of boozing, bribery, infidelity, dishonesty, backstabbing and all manner of petty quibbling and bitching.

For another thing, we have to ask ourselves if prohibition itself is actually a good message to be sending out.

The message that the Government seems to be sending by enforcing cannabis prohibition is that the best way to deal with drug problems is by putting people in cages. If someone has a drug dependency of some kind, the way to help them is not by giving them medical care, but by physically forcing them into a cage full of rapists, murderers and thieves.

They seem to be telling people that empathy and compassion don’t factor into government decisions, and that they are more than happy to brutally force citizens to conform to arbitrary laws, even when those same citizens don’t consent to them. Your body is the property of the Government, and they can do what they want with it, including put it in a cage if you use a medicine they don’t approve of.

Worse, they’re also sending the message that science, logic and reason don’t factor into government decisions. The Government is happy to go along with foreign mass hysteria about reefer madness, and thinks it acceptable to force laws onto New Zealanders on the grounds that they have been introduced overseas, with no consideration given to the science or to the need for evidence.

Perhaps the worst message of all has been that sent by Parliamentarians who have ignored all the letters and emails they have received from their constituents about cannabis law reform. For decades, Kiwis have been entreating their Parliamentarians to do something about cannabis prohibition, knowing how much access to cannabis medicine would improve their life quality. And for decades, those Parliamentarians did nothing – the vast majority too cowardly to even raise a peep.

By ignoring the will of the people for cannabis reform, the Government is sending the message that it’s acceptable for the Government to impose whatever arbitrary laws it likes on the population, even without that population’s consent, and then to ignore them when they complain about the suffering caused. This is far more of a danger than the risk of Parliamentarians sending the message that it’s okay to use cannabis.

If the Government is truly concerned about the message that their conduct sends to the people, they ought to legalise cannabis today, and make an apology for all the suffering their actions caused by waging a War on Drugs against their own people. This would send a message of humility, integrity and contrition – much better than imprisoning people for using a substance that the New Zealand people think should be 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.

The Case For Cannabis: Cannabis is Not Addictive

One of the most common arguments against cannabis is that it is an “addictive drug”. People making this argument raise images of zombie-like addicts burgling houses and selling their bodies in dark alleyways for the money to finance their addiction. Leaving aside the fact that this fear-mongering is bollocks, the argument isn’t even accurate.

The scientific literature warns us of “irritability, anxiety, decreased appetite, restlessness and sleep disturbances“, sleep problems and “a constellation of behavioral, somatic, and mood symptoms.” It’s clear that to stop using cannabis often means that one encounters these problems, but they soon go away. People enjoy using cannabis, but use alone does not count as addiction.

Psychology Today ran an article that stated “The vast majority of those who use marijuana do so occasionally and exhibit no addictive symptoms — no increased tolerance, no cravings and no withdrawal. In other words, they can take it or leave it.”

It’s true that cannabis does not cause meaningful physical addiction. Something that’s really addictive is alcohol. Withdrawals from alcohol are known to cause delirium tremens, a phenomenon known as “the DTs”, which can kill the sufferer. If this is considered an acceptable side-effect of a recreational drug, then the physical addiction potential of cannabis is nowhere near objectionable.

The counter-argument to this is to say that cannabis can still be psychologically addictive. Psychological addiction is a kind of excessive habituation, where a person does not become medically ill but who can suffer “psychological symptoms like anxiety, mood swings and depression”.

At this point, another frightening image is formed. Here, instead of burglars, the stereotype is of slovenly, morbidly obese videogamers who lie around all day drinking Mountain Dew, completely without ambition aside from securing their weed supply, all social bonds long since abandoned in favour of the next puff.

The reality is that it’s not so much a matter of cannabis being addictive, as that people who do not have adequate levels of stimulation search for anything they can to fill the gap, and cannabis fills the gap. Anyone who smokes cannabis every day can tell you this – it’s frequently a matter of having nothing better to do.

As was demonstrated by the Rat Park experiments carried out by Professor Bruce Alexander, addiction is a function of both available addictive substances and a lack of environmental stimulation.

The Rat Park experiments showed that rats that lived in a stimulating and interesting environment, where a variety of exercise, food and mating opportunities were available, were up to 19 times less likely to consume water laced with morphine when compared to rats that lived in a standard laboratory cage. Given that rats are also social (or at least semi-social) mammals, this can teach us some things about the nature of addiction in humans.

The fact is that human society of 2019 has left some people behind to die, and for these unfortunate masses there is not a lot of pleasant stimulation to be had. Some of these people turn to alcohol to fill the gap, some turn to opiates, some turn to tobacco, some turn to cannabis. In all cases, the problem is not the drug itself, but an environment that fails to provide stimulation enough to meet people’s psychological needs.

If sufficiently fulfilling stimulation is available (or at least entertaining stimulation), people don’t tend to smoke cannabis all day. Therefore, the emphasis shouldn’t be on putting people in cages for using cannabis, it should be on creating a society that people freely want to engage in.

Most of the reason why cannabis users have had to take all the blame, instead of the people responsible for constructing society in a way that others want to escape it by using cannabis, is that the people responsible for designing society have all the power. Naturally, therefore, they design society in such a way that all of the other members of it have to take the blame for its failures.

What cannabis addiction ultimately amounts to is blaming cannabis for the problems caused by cannabis prohibition. Just because bored people with nothing to do sometimes smoke cannabis all day doesn’t mean that the cannabis forced them to do it. A healthy society that allowed people to freely use cannabis in (e.g.) coffeeshops, would soon find that people soon get bored of it and drift into other things.

The argument that cannabis is addictive is not sufficient to justify making cannabis illegal. The addictive potential of cannabis is minor, and the withdrawal symptoms from it not severe. Focus should be placed on organising society in a manner that inspires ordinary people to engage with it of their own free will, not punishing 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: The Punishment Does Not Fit the Crime

Proportional sentencing is supposed to be a fundamental tenet of our justice system. When a person causes suffering to another, they are given a proportionate amount of suffering intended to discourage: we are told that “the punishment should fit the crime”. As this article will argue, the punishment for cannabis offences is not commensurate with the nature of the crime.

The maximum penalty for possession of cannabis is three months imprisonment, as established by Section 7 of the Misuse of Drugs Act. Most Kiwis can intuitively understand that this is massively disproportionate to any harm caused by the act of cannabis possession, but this law is on the books, and has been for over 40 years without being repealed.

Some might counter here with the fact that essentially no-one gets sentenced to prison for cannabis possession nowadays. This counter-argument misses two essential points.

The first is obvious: if no-one goes to prison for cannabis possession anymore, on account of that society has “moved on” and no longer considers cannabis possession a crime, then it’s an obsolete law. If it’s an obsolete law, then we ought to strike it from the books.

The second is that people still go to prison for cannabis cultivation, which is not any more of a crime than cannabis possession is. Brian Borland was given four years and nine months imprisonment for unrepentantly growing cannabis – an incredible punishment if one considers that no-one was harmed by his actions.

Some people were outraged by the sentence given to Devonte Mulitalo, an Auckland youth worker who groomed and sexually assaulted a 12-year old girl, coercing her to perform sex acts on him. He was given ten months home detention. Many thought this sentence was too light, and in comparison to Borland’s sentence it seems obscene.

Takaka resident Alicia Fulcher-Poole was given three and half years in prison for killing someone while driving high on methamphetamine. It’s incredible that reckless disregard for human life resulting in a death can receive a less severe penalty from the system than growing a medicine without permission. But this is the state of our “justice” system.

It’s apparent to almost everyone that 52 months imprisonment for growing cannabis is a ludicrously disproportionate punishment, when the total suffering caused by growing cannabis is compared to the suffering caused by killing someone through reckless use of a motor vehicle. Even if one assumes the most uncharitable interpretation of Borland’s motives, he didn’t kill anyone.

Borland’s sentence was getting up towards the maximum end of the scale, which is seven years imprisonment. This is a heavier sentence than the sentences that are routinely given out for killing people in motor vehicle accidents.

Moreover, the effect of having a criminal record lasts longer than the sentence, and sometimes much longer. Branding someone a criminal – even if there is such as thing as the Clean Slate Act – is to consign them to a lower class of citizen, one that is precluded from many opportunities that normal people take for granted.

Even a measly cannabis possession conviction is enough to prevent someone from being allowed to enter a variety of countries, most notoriously America. Neither will it be straightforward to work as a Police officer, teacher or other Government employee. This is a heavy, heavy punishment just for being caught in possession of a medicinal flower.

This loss of travel and employment opportunity is enough to significantly lower the quality of a person’s life. Getting involved with cannabis should never mean that a person is consigned to live as a lower class of citizen for the rest of their lives. This is a level of arbitrary cruelty that borders on barbarism.

Cannabis prohibition should be lifted because it’s not right to have such brutal punishments for actions that do not cause suffering. It makes a mockery of the supposed proportionality of the justice system. Using the criminal justice system to deal with cannabis is an absurd over-reaction to something that doesn’t harm others.

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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 is Not Harmful

One of the most fundamental arguments for cannabis prohibition is that cannabis is harmful. Because of this harm, the argument goes, we need to make cannabis illegal. This will give people less opportunity to use cannabis and thereby have their lives destroyed. As this article will examine, there are at least two good reasons to oppose this argument.

Firstly, we can see prohibition causes more harm than legal cannabis would – and over and above the harm caused by enforcing the prohibition. When a country or state introduces cannabis prohibition, they usually also introduce a number of ancillary laws that are ostensibly to fight the harm of cannabis, but which end up causing more harm.

It’s apparent that burning plant matter and then inhaling the smoke is not the best thing you could do for your lungs. This is not a contentious assertion, and the vast majority of cannabis users are fully aware of it. But when people have tried to take measures to make cannabis use more safe, they find themselves being stymied by the law. In many cases, the law is intended to penalise not just cannabis use but the entire cannabis culture.

Manufacturing cannabis butter to make some brownies changes your crime from possession of a Class C drug to manufacture of a Class B drug. So if a person decided to make some hash brownies, they would then not only be in possession of a Class B illegal drug, but they could also be charged with manufacturing it – which carries a maximum penalty of 14 years imprisonment.

We are told that the schedule of increasing penalties reflects the schedule of increasing harm caused by these drugs. But the harm of cannabis does not increase 56 times because someone made some bud into some brownies. There’s no logic to that at all – if anything, the harm is lessened by virtue of avoiding lung damage.

It’s true that the psychoactive effect of hash brownies will be greater than smoked bud, but the psychological drawbacks of using cannabis have been massively overstated. The cozy consensus that using cannabis causes schizophrenia has been shattered by new research suggesting that it is a genetic propensity to schizophrenia that predicts cannabis use, and not the case that cannabis use alone predicts schizophrenia.

In any case, it’s possible that even cannabis bud does not cause net harm. Yes, smoking it is not great, but the smoke damage may be outweighed by the medical benefits of lower stress etc.

Likewise, the example of “drug paraphernalia” is another one in which the majority of the harm is caused by the law itself, rather than cannabis. People have been arrested for the possession of water bongs and charged with a more severe crime than mere cannabis possession – but using a water bong is more healthy than inhaling hot smoke. Despite being more healthy, possession of a bong carries a maximum penalty of a year’s imprisonment in New Zealand.

The physical harms of cannabis have generally been overstated. Of course, inhaling cannabis smoke is not ideal but even this is transparently less dangerous than rugby, horse riding, skiing and downhill mountain biking. All of these activities, whose level of risk falls into the acceptable threshold, are legal. Therefore the “cannabis is so harmful it should be illegal” is nonsense.

Moreover, even the most ardent cannabis user doesn’t smoke as many joints in a day as a tobacco user smokes cigarettes, and so the level of risk here falls into already established acceptable limits.

Another major argument when it comes to the supposed harms of cannabis is that prohibition is a bizarre response to any supposed harm caused. Let’s say, for argument’s sake, that cannabis is harmful – how does it make any sense to introduce more harm into a person’s life, just because they used it? The idea of punishing an adult into taking responsibility is ridiculous.

The argument that cannabis should be prohibited because it is harmful is mistaken. Cannabis prohibition itself is responsible for more harm than cannabis is. If reducing harm done to human beings is a consideration when setting legal policies, then it’s clear that prohibition ought to be repealed for the sake of a less punitive approach.

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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.