Legal status of cannabis: global experience and current trends
Humanity has been cultivating cannabis for millennia, using this plant as a versatile raw material for the production of textiles, paper, ropes, clothing, eco-plastics, paints, biofuels, as well as a source of food and animal feed. As early as the 18th century, the medical community was well aware of the therapeutic properties of cannabis, and by the late 19th century, residents of Europe and the United States could freely purchase extracts of this plant in pharmacies [1]. Irish physician Sir William Brooke O'Shaughnessy, who was educated in India, documented the effectiveness of cannabis in treating abdominal pain and vomiting during cholera, and also recommended the plant's extracts to relieve symptoms of migraines, inflammatory processes, insomnia, and other ailments [1].
The question of how an industrial and therapeutic crop ended up on the same list as heroin has deep political roots.
Propaganda and racial subtext
The global ban on cannabis began in the United States as a campaign targeted against Mexican immigrants. Against the backdrop of social unrest due to the influx of poor Spanish-speaking migrants, cannabis began to be referred to as "marijuana" [2]. As part of the propaganda, it was claimed that the consumption of this substance caused a "bloodlust" among migrants. To combat the plant, the Federal Bureau of Narcotics was created, the head of which insisted on the danger of marijuana, ignoring the testimony of doctors and scientists [3]. Since the state allocated significant funds to the "war on drugs," the bureaucratic system was interested in continuing this funding. The criminalization campaign was based on undisguised racism [4].
Harry J. Anslinger, the head of the Federal Bureau of Narcotics, openly stated that the main consumers were representatives of minorities and African Americans, claiming that marijuana negatively affected these "degenerate races," provoking violence and insanity [3]. Among the groundless arguments of that time was the claim that the use of cannabis gave Black people a sense of equality with white people, and also allegedly induced white women to seek intimate relations with Black men [5]. Thus, the war on drugs became a convenient tool for rallying voters around the fight against a fictional "enemy" [6].
The path to change: the Randall precedent
The prolonged concealment of the truth proved impossible in a democratic society. In 1975, Robert Randall, a resident of Washington, D.C., was arrested on charges of cultivating cannabis [7]. Mr. Randall insisted that the plant was necessary for him to treat glaucoma. Ultimately, the court recognized his right to access proper treatment, and in 1976, Robert Randall became the first US citizen to receive medical cannabis from the Federal Government [8]. This set a precedent that paved the way for gradual legalization. In 1996, California became the first US state to legalize the use of medical cannabis [9], and in 2012, Colorado and Washington became pioneers in legalizing recreational use [10].
The global picture: where cannabis is already legalized today
This process continues today, as communities in many countries advocate for decriminalization. Currently, among the states where the recreational use of cannabis has been legalized are:
- Canada,
- Malta,
- Mexico,
- South Africa,
- Thailand,
- Uruguay,
- The Australian Capital Territory in Australia,
- as well as 21 states and the District of Columbia in the USA [11].
The list of countries that have legalized the medical use of cannabis preparations is even broader and includes:
- Argentina,
- Brazil,
- Chile,
- Croatia,
- the Czech Republic,
- Cyprus,
- Denmark,
- Finland,
- Germany,
- Greece,
- Ireland,
- Israel,
- Italy,
- Luxembourg,
- Mexico,
- New Zealand,
- Norway,
- Panama,
- Poland,
- Portugal,
- Spain,
- Sri Lanka,
- Switzerland,
- the United Kingdom [11].
Ukraine is confidently moving within its own legal framework. Recreational cannabis is not permitted here, but the country has fully legalized the medical and industrial segments, placing the circulation of THC under strict state control.
References:
- https://www.sydney.edu.au/lambert/medicinal-cannabis/history-of-cannabis.html#:~:text=The%20use%20of%20cannabis%20originated,father%20of%20Chinese%20medicine)%20pharmacopoeia
- https://tinyurl.com/mr6her7e
- https://www.cbsnews.com/news/harry-anslinger-the-man-behind-the-marijuana-ban/
- https://pmc.ncbi.nlm.nih.gov/articles/PMC7173675/
- https://www.timeline.com/harry-anslinger-racist-war-on-drugs-prison-industrial-complex-fb5cbc281189
- https://en.wikipedia.org/wiki/War_on_drugs
- https://www.nytimes.com/2001/06/08/us/robert-randall-53-sued-for-marijuana.html
- https://en.wikipedia.org/wiki/Robert_C._Randall
- https://bit.ly/4wKBYMn
- https://en.wikipedia.org/wiki/Legality_of_cannabis_by_U.S._jurisdiction
- https://en.wikipedia.org/wiki/Legality_of_cannabis