Marijuana is not the problem. Tennessee’s treatment of it is.
After my first month at Vanderbilt, I noticed a major difference between Music City and my hometown, Oakland, California: cannabis. While popular in my hometown, the substance is heavily restricted here.
Cannabis refers to any product of the plant family Cannabaceae, most commonly the species Cannabis sativa. Legally, cannabis is broken down into two categories: marijuana and hemp. They are differentiated by their concentration of the psychoactive compound delta-9-tetrahydrocannabinol, known as THC, the active ingredient in weed that causes the “high” effect.
Marijuana has more than 0.3% THC by dry weight, while Hemp has 0.3% or lower, resulting in laws around hemp being more relaxed. Users tend to prefer marijuana because it provides more of a “high.” THC and cannabidiol, known as CBD, a non-psychoactive compound found in cannabis, can both be found in marijuana and hemp, albeit at different concentrations.
In Tennessee, recreational marijuana is completely illegal. Only CBD oils with less than 0.9% THC concentration are allowed for very limited medicinal use with strict labeling requirements. Meanwhile, hemp is generally legal. On July 1, however, Tennessee Gov. Bill Lee signed legislation that banned tetrahydrocannabinolic acid, known as THCA, a non-intoxicating cannabinoid that turns into THC when heated. Under a loophole, THCA was previously considered hemp.
THCA was estimated to make up around 75% of Tennessee’s cannabis market. After the first month of sales tax collections, it was predicted that $110 million of tax revenue would be lost annually from this legal change.
While marijuana is technically still illegal under federal law, the executive branch has largely stopped enforcing it, allowing states to regulate the drug as they see fit. This change has caused a legal patchwork where 24 states currently permit recreational marijuana use while many more have decriminalized it and allowed it for medicinal use. Tennessee is one of only ten states where the drug is criminalized and generally not allowed, even for medical reasons.
Part of my support for legalizing marijuana stems from my belief that rights should be automatically granted to the people and taken away only if there is a significant government interest in doing so.
Illegal and criminalized drugs like heroin and cocaine are highly addictive, can cause fatal overdoses, and alter individuals’ lives in purely negative ways. Although alcohol consumption is legal for adults 21 and older, drunk driving is illegal because it impairs drivers, causing accidents that harm or kill not only the intoxicated driver but innocent third parties. Similarly, driving while high on marijuana is — and should continue to be — illegal in all states, regardless of their laws regarding its general use.
The addictiveness of marijuana, however, does not justify its banning. A large study in 2010 and 2011 relying on data from the National Epidemiologic Survey on Alcohol and Related Conditions found that the probability of an individual who uses cannabis becoming dependent on it at some point in their life (8.9%) is lower than the chance of becoming dependent on nicotine (67.5%), alcohol (22.7%) and cocaine (20.9%).
Admittedly, marijuana addictiveness has increased over time largely because of elevated THC concentration in existing products and new forms of marijuana intake. Nonetheless, authorities still believe that cannabis is less addictive and does not have as severe and life-altering impacts as other drugs.
The next factor is the danger of use, which is perhaps the weakest argument for marijuana’s illegalization. Risk is crucial: while heroin and cocaine may cause addiction less frequently than nicotine, their elevated risk justifies their illegalization. In terms of chemical toxicity, marijuana has been found to be over 100 times less toxic than alcohol. According to the National Insititute on Alcohol Abuse and Alcoholism, about 178,000 people die each year in the United States from excessive alcohol consumption. Adult fatalities caused by marijuana alone are extremely rare.
The strongest remaining argument is that while marijuana may be relatively safe on its own, it is a gateway drug: an introduction to harder, more dangerous substances. But the Centers for Disease Control and Protection has acknowledged that there is not strong enough evidence to support this classification.
If you still believe marijuana is dangerous enough to justify government action, the solution should not be to ban it. The historical failure of Prohibition from 1920 to 1933 and the decreased safety of marijuana in states where it remains illegal demonstrate the downsides to criminalization. Marijuana and alcohol will be bought and sold regardless of their legality, so illegalizing them simply endangers users.
It is your prerogative to think that marijuana is bad, and even that banning it would better society. But just because certain activities or products are bad for us does not mean they ought to be banned. We live in a free country, where individuals should largely be able to make decisions regarding their own health. The government should not act as our parents, deciding what we can or cannot do based on its evaluation of that action’s impact on us without a compelling interest.
Instead, the government should provide us with relevant information and safeguards to enable us to make our own educated decisions, which legalization and regulation would allow. The government’s banning of moderately harmful substances sets a dangerous precedent, permitting it to further interject into the private realm and make decisions for us.
Not only should marijuana be legal on the basis of personal freedom, but also because its legalization can provide much-needed funds to Tennessee. The Volunteer State has the second-lowest tax revenue per capita in the United States. This concerning number causes major funding shortages, which result in road and infrastructure project delays.
State Senator Heidi Campbell and Representative Aftyn Behn, who represent areas of Nashville, Tennessee, recently attempted to pass the “Pot for Potholes Act,” which would legalize and regulate marijuana for Tennesseans ages 21 and older. The sales tax revenue from marijuana sales would be used to cover the regulatory expenses and to complete backlogged road maintenance and infrastructure projects. The proposal has stalled in state congress.
This issue is especially salient for Vanderbilt, where many students hail from states where marijuana is legal, like California, New York and New Jersey. Interstate inconsistencies and the ever-changing legal landscape within Tennessee have only increased confusion about laws around marijuana. Thus, it has, and will continue to, become increasingly difficult for students over 21 who can use marijuana at home to stay updated on laws while at Vanderbilt.
Marijuana presents Tennessee’s government with a unique opportunity to pass bipartisan legislation that decriminalizes personal choice while funding public works. The choice should be simple: legalize, regulate and tax marijuana for the benefit of all of Tennessee.
The opinions expressed in this article reflect the views of the author and do not necessarily represent the views of The Hustler.