![Marijuana march Rio de Janeiro 2014 May 10 Brazil marcha maconha](https://upload.wikimedia.org/wikipedia/commons/6/68/Marijuana_march_Rio_de_Janeiro_2014_May_10_Brazil_marcha_maconha.jpg)
Cannabis rights or marijuana rights (sometimes more specifically cannabis consumer rights or stoner rights) are individual
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
and
human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
that vary by jurisdiction.
The rights of people who consume
cannabis
''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: '' Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternative ...
include the right to be free from
employment discrimination 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
In common law countries, a civil infraction is a non-criminal violation of a rule, ordinance, or regulation.
United States law
A civil infraction is a violation of the law less serious than a misdemeanor, and which usually does not attach certain ...
s and
fines Fines may refer to:
* Fines, Andalusia, Spanish municipality
* Fine (penalty)
* Fine, a dated term for a premium on a lease of land, a large sum the tenant pays to commute (lessen) the rent throughout the term
*Fines, ore or other products with a s ...
,
imprisonment, and even the
death penalty.
History in the United States
Until the twentieth century, there were no prohibitions in the U.S. against growing and consuming cannabis.
By the mid twentieth century, possession of
marijuana 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 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 qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connec ...
. 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 people with disabilities or who are perceived to be disabled. Ableism characteri ...
.
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 overseen by the federal government of the United States. The various American territories differ from the U.S. states and tribal reservations as they are not sover ...
, and the
District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
.
">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, under which cannabis is classified as a Schedule I drug with a high potential for abuse and no accepted medical use. In December 2014, however, the Rohrabacher–Farr amendment The Rohrabacher–Farr amendment (also known as the Rohrabacher–Blumenauer amendment) is legislation first introduced by U.S. Rep. Maurice Hinchey in 2001, prohibiting the Justice Department from spending funds to interfere with the implementation ...
was signed into law, prohibiting the Justice Department 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 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 agreements which include the U ...
, as guaranteed by the International Covenant on Economic, Social, and Cultural Rights. However, what determines "health" or "healthy" is disputed between individuals and governmental bodies.
Legality
The use of cannabis for recreational purposes is prohibited in most countries; however, many have adopted a policy of decriminalization
Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal penalties in relation to them. This reform ...
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.
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. However, fourteen states and federal law 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.
Religious use
Different religions have varying stances on the use of Cannabis
''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: '' Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternative ...
, historically and presently. In ancient history, some religions used Cannabis as an entheogen
Entheogens are psychoactive substances that induce alterations in perception, mood, consciousness, cognition, or behavior for the purposes of engendering spiritual development or otherwiseRätsch, Christian, ''The Encyclopedia of Psychoac ...
, particularly in the Indian subcontinent
The Indian subcontinent is a list of the physiographic regions of the world, physiographical region in United Nations geoscheme for Asia#Southern Asia, Southern Asia. It is situated on the Indian Plate, projecting southwards into the Indian O ...
where the tradition continues on a more limited basis.
In the modern era Rastafari use Cannabis as their sacramental herb. Similar to Rastafari, many modern believers in Cannabis also formally consecrate Cannabis by creating various churches, creeds
A creed, also known as a confession of faith, a symbol, or a statement of faith, is a statement of the shared beliefs of a community (often a religious community) in a form which is structured by subjects which summarize its core tenets.
The ea ...
, and religious communities to protect Cannabis with their inalienable freedom of religion, removing it from the jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ...
of governments into a protected domain, same as with any other religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
or creed made in good-faith. 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.
Social movement
The movement around cannabis laws and rights has been growing since as early as the 1960s. Multiple organizations both for 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. Acc ...
(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.
Indonesia
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 (shabu) and ecstasy. Most of the cannabis is distributed by the western province of Indonesia called Aceh. 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.
See also
* 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 in the state of Michigan. Founded by George Gough Booth with his two brothers, Booth Newspapers was sold to Advance Publications ...
''.
*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 e ...
''
*Clark Davis, Joshua (January 6, 2015).
The Long Marijuana-Rights Movement
. ''The Huffington Post
''HuffPost'' (formerly ''The Huffington Post'' until 2017 and sometimes abbreviated ''HuffPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and ...
''.
*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 e ...
''
*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