Marijuana Rights
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Cannabis rights or marijuana rights (sometimes more specifically cannabis consumer rights or stoner rights) are individual
civil Civil may refer to: *Civility, orderly behavior and politeness *Civic virtue, the cultivation of habits important for the success of a society *Civil (journalism) ''The Colorado Sun'' is an online news outlet based in Denver, Colorado. It lau ...
rights that vary by jurisdiction. The rights of people who consume
cannabis ''Cannabis'' () is a genus of flowering plants in the family Cannabaceae that is widely accepted as being indigenous to and originating from the continent of Asia. However, the number of species is disputed, with as many as three species be ...
include the right to be free from
employment discrimination Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, ...
and
housing discrimination Housing discrimination refers to patterns of discrimination that affect a person's ability to rent or buy housing. This disparate treatment of a person on the housing market can be based on group characteristics or on the place where a person liv ...
. Anti-cannabis laws include
civil infraction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...
s and
fines Fines may refer to: *Fines, Andalusia, Spanish municipality *Fine (penalty) * Fine, a dated term for a Lease#Leases_of_land, premium on a lease of land, a large sum the tenant pays to commute (lessen) the rent throughout the term * Fines, ore or oth ...
,
imprisonment Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Impri ...
, and even the
death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
.


Legality

The use of cannabis for recreational purposes is prohibited in most countries. Many have adopted a policy of
decriminalization Decriminalization or decriminalisation is the legislative process which removes prosecutions against an action so that the action remains illegal but has no criminal penalties or at most some civil fine. This reform is sometimes applied retroacti ...
to make simple possession a non-criminal offense (often similar to a minor traffic violation). Others have much more severe penalties such as some Asian and Middle Eastern countries where possession of even small amounts is punished by imprisonment for several years.


Social movement

The movement around cannabis laws and rights has been growing since as early as the 1960s. Multiple organizations both
for For or FOR may refer to: English language *For, a preposition *For, a complementizer *For, a grammatical conjunction Science and technology * Fornax, a constellation * for loop, a programming language statement * Frame of reference, in physics * ...
and against cannabis usage have been created and merged over the past 60 years as the country has changed and perception of marijuana rights has changed. One pro-marijuana group is
NORML The National Organization for the Reform of Marijuana Laws (NORML ) is a social welfare organization based in Washington, D.C., that advocates for the reform of marijuana laws in the United States regarding both medical and non-medical use. Ac ...
(The National Organization for the Reform of Marijuana Laws). The conversation about cannabis rights has shifted from picket signs declaring "Pot is fun," to being about health and social justice. It's been noted that African-American communities may be suffering the most from the continued prohibition of cannabis, although consumption rates are approximately the same as white citizens. Arrests for African-Americans are 3.73 times higher in comparison. Activists hope to see those numbers decrease with gained rights.


American history

Until the 20th century, there were no prohibitions in the U.S. against growing and consuming cannabis. By the mid-20th century, possession of
marijuana Cannabis (), commonly known as marijuana (), weed, pot, and ganja, List of slang names for cannabis, among other names, is a non-chemically uniform psychoactive drug from the ''Cannabis'' plant. Native to Central or South Asia, cannabis has ...
was a crime in every U.S. state (and most other countries). In 1996, the passing of
Proposition 215 Proposition 215, or the Compassionate Use Act of 1996, is a California law permitting the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November ...
by California voters restored limited rights for
medical cannabis Medical cannabis, medicinal cannabis or medical marijuana (MMJ) refers to cannabis products and cannabinoid molecules that are prescribed by physicians for their patients. The use of cannabis as medicine has a long history, but has not ...
patients in the state. Other states and countries have since joined California in guarding rights of cannabis consumers. In the United States, much is unclear about cannabis rights because despite state laws, cannabis remains federally illegal. Consequently, cannabis consumers do not belong to a
protected class A protected group, protected class (US), or prohibited ground (Canada) is a category by which people are qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in co ...
. Courts will address the issues surrounding housing and employment law, and
disability discrimination Ableism (; also known as ablism, disablism (British English), anapirophobia, anapirism, and disability discrimination) is discrimination and social prejudice against physically or mentally disabled people. Ableism characterizes people as they are ...
.


State vs. federal

As of 2019 in the United States, eleven states and the District of Columbia have legalized medical and recreational cannabis, with 25 more states decriminalizing the drug. Fourteen state and federal laws still classifies cannabis as illegal, placing cannabis as a "Schedule 1" drug. Being federally illegal, profits cannot be handled through federally-insured banks (including checks or deposits), so cannabis retailers are forced to use cash or remain vague about business practices.


Medical use

In the United States, the use of cannabis for medical purposes is legal in 33 states, four (out of five) permanently inhabited
U.S. territories Territories of the United States are sub-national administrative divisions and dependent territories overseen by the federal government of the United States. The American territories differ from the U.S. states and Indian reservations in th ...
, and the
District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
. 1/sup> An additional 14 states have more restrictive laws allowing the use of low-THC products. 1/sup> Cannabis remains illegal at the federal level by way of the
Controlled Substances Act The Controlled Substances Act (CSA) is the statute establishing federal government of the United States, federal drug policy of the United States, U.S. drug policy under which the manufacture, importation, possession, use, and distribution of ...
, under which cannabis is classified as a Schedule I drug with a high potential for abuse and no accepted medical use. In December 2014, the
Rohrabacher–Farr amendment The Rohrabacher–Farr amendment (also known as the Rohrabacher–Blumenauer amendment) is legislation introduced by U.S. Representative Maurice Hinchey in 2001, prohibiting the Justice Department from spending funds to interfere with the impleme ...
was signed into law, prohibiting the
Justice Department A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
from prosecuting individuals acting in accordance with state medical cannabis laws. An international argument for medical usage includes the
right to health The right to health is the economic, social and cultural economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international a ...
, as guaranteed by the International Covenant on Economic, Social, and Cultural Rights. What determines "health" or "healthy" is disputed between individuals and governmental bodies.


Indonesian history

There were around two million cannabis users in Indonesia in 2014, reported by the National Anti-Narcotics Agency (''Badan Narkotika Nasional - BNN''). This makes cannabis the most popular drug in Indonesia followed by amphetamine-type stimulants (ATS) such as
methamphetamine Methamphetamine (contracted from ) is a potent central nervous system (CNS) stimulant that is mainly used as a recreational drug use, recreational or Performance-enhancing substance, performance-enhancing drug and less commonly as a secon ...
(shabu) and ecstasy. Most of the cannabis is distributed by the western province of Indonesia called
Aceh Aceh ( , ; , Jawi script, Jawoë: ; Van Ophuijsen Spelling System, Old Spelling: ''Atjeh'') is the westernmost Provinces of Indonesia, province of Indonesia. It is located on the northern end of Sumatra island, with Banda Aceh being its capit ...
. 37,923 people were imprisoned because of cannabis between 2009 and 2012. Twenty-six people were imprisoned, on average, each day. Because cannabis is the most common drug, consuming of cannabis goes up to 66 percent than other drugs in the country. The death penalty is given to the people who grow cannabis, or a minimum fine of $550,000, based on the National Anti-Narcoticts (BNN) law.


Religious use

Different religions have varying stances on the use of
cannabis ''Cannabis'' () is a genus of flowering plants in the family Cannabaceae that is widely accepted as being indigenous to and originating from the continent of Asia. However, the number of species is disputed, with as many as three species be ...
, historically and presently. In ancient history some religions used cannabis as an
entheogen Entheogens are psychoactive substances used in spiritual and religious contexts to induce altered states of consciousness. Hallucinogens such as the psilocybin found in so-called "magic" mushrooms have been used in sacred contexts since ancie ...
, particularly in the
Indian subcontinent The Indian subcontinent is a physiographic region of Asia below the Himalayas which projects into the Indian Ocean between the Bay of Bengal to the east and the Arabian Sea to the west. It is now divided between Bangladesh, India, and Pakista ...
where the tradition continues on a more limited basis. In the modern era
Rastafari Rastafari is an Abrahamic religions, Abrahamic religion that developed in Jamaica during the 1930s. It is classified as both a new religious movement and a social movement by Religious studies, scholars of religion. There is no central authori ...
use cannabis as a sacred herb. Meanwhile, religions with prohibitions against intoxicants, such as Islam, Buddhism, Bahai, Latter-day Saints (Mormons), and others have opposed the use of cannabis by members, or in some cases opposed the liberalization of cannabis laws. Other groups, such as some Protestant and Jewish factions, have supported the use of medicinal cannabis.


See also

*
Civil and political rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
*
Civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties of ...
*
Cognitive liberty Cognitive liberty, or the "right to mental self-determination", is the freedom of an individual to control their own mental processes, cognition, and consciousness. It has been argued to be both an extension of, and the principle underlying, the ri ...
*
Consumer protection Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...
*
Drug liberalization Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug releg ...
* Drug policy *
Freedom from discrimination The right to freedom from discrimination is internationally recognised as a human right and enshrines the principle of egalitarianism. The right to freedom from discrimination is recognised in the Universal Declaration of Human Rights and enshrined ...
*
Legalization Legalization is the process of removing a law, legal prohibition against something which is currently not legal. Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which ...
* List of cannabis rights leaders * List of cannabis rights organizations


Further reading

*Anders, Melissa (March 1, 2012).
Medical marijuana groups urge Michigan lawmakers to protect patient rights
". ''
MLive MLive Media Group, originally known as Booth Newspapers, or Booth Michigan, is a media group that produces newspapers from the state of Michigan in Cleveland, Ohio. Founded by George Gough Booth with his two brothers, Booth Newspapers was sold t ...
''. *Caiuby Labate, Beatriz, and Cavnar, Clancy (2014),
Prohibition, Religious Freedom, and Human Rights: Regulating Traditional Drug Use
, ''
Springer Publishing Springer Publishing Company is an American publishing company of academic journals and books, focusing on the fields of nursing, gerontology, psychology, social work, counseling, public health, and rehabilitation (neuropsychology). It was estab ...
'' *Edwards Staggs, Brooke (February 15, 2017).
Coalition aims to protect cannabis consumers from random drug tests at work
. ''The Cannifornian''. *Gatenio Gabel, Shirley (2016).
A Rights-Based Approach to Social Policy Analysis: Evil or Miracle Drug? Who Decides and How?
, pp. 60–61. ''
Springer Publishing Springer Publishing Company is an American publishing company of academic journals and books, focusing on the fields of nursing, gerontology, psychology, social work, counseling, public health, and rehabilitation (neuropsychology). It was estab ...
'' *Liquori, Francesca (February 18, 2016).
The Effects of Marijuana Legalization on Employment Law
. '' NAGTRI Journal, Volume 1, Number 2''.


References


{{Particular human rights Cannabis activism Cannabis culture Civil rights and liberties