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Monday, May 5, 2014

Marijuana Prohibition in the Land of the Free



A Rhetorical Situation Analysis of the Complexities of the Marijuana Debate
The United States has been waging a war on drugs since its conception. From the restrictive, racially shaded opium laws of the 1800s to the epic failure of Prohibition in the early 1900s, restricting access to substances seen as morally corruptive has become as much a part of the American essence as freedom ("Thirty"). The juxtaposition between these contradictory ideals of liberty and restriction, are undeniably fated for conflict. Marijuana use rose in popularity in the 1960s, crossing race and socioeconomic lines ("Thirty"). mainstream use of marijuana causes a serious issue for society- no longer only are the undesirables, the drug addicts, the criminals and the hippies smoking marijuana- it is the youth of the nation. As use of marijuana becomes increasingly mainstream and cultural inertia shifts, once polarized parties towards the drug are beginning to find common ground. While the possibility of change lingers in the current political climate, the main obstacle between pro-legalization and anti-legalization members is their inability to communicate in the same rhetorical stases.  While these parties are discussing the same topic–marijuana–they are making completely different arguments about marijuana itself, which makes any sort of open dialogue impossible.


One of President Reagan’s most memorable drug-policy quotes occurred when he said, “I now have absolute proof that smoking even one marijuana cigarette is equal in brain damage to being on Bikini Island during an H-bomb blast”("Ronald"). Clearly, mainstream perceptions of the dangers of marijuana have changed. While in the early 90s, President Bill Clinton admitted somewhat to experimentation with marijuana, stating, "When I was in England, I experimented with marijuana a time or two, and I didn't like it, and I didn't inhale, and I never tried again" our most recent president is far more candid ("Marijuana Quotes"). President Obama, close to 15 years later, replied to questions about marijuana use, saying, "When I was a kid I inhaled frequently. That was the point” ("Marijuana Quotes"). Over the past 40 years, public opinion has shifted to the point where it has slowly become socially acceptable for the president, a man elected to represent and lead the people of the United States, to admit to having smoked marijuana in the past.
We are at a point in time where marijuana use and acceptance is becoming more mainstream; consequently the legalization movement has gained considerable strength. Our prisons are straining with nonviolent drug offenders, and our economy is struggling with the cost of the “War on Drugs.” People who once were staunchly opposed to marijuana use, who do not condone drug use, per se, have come to support the legalization of marijuana if only for the economic benefits. In the past few years, a significant amount of common ground has appeared among the anti- and pro- legalization parties: the area where the most ground has been made is the legalization of medical marijuana.
Marijuana reform is currently in a unique moment of kairos. As of 2013, twenty states and the District of Columbia have legalized medicinal marijuana, sixteen states have decriminalized the possession of marijuana, and two states have outright legalized marijuana ("States"). There have been a number of voter initiatives to add legalization and decriminalization questions to ballots this election cycle in several additional states throughout the United States. However, due to the Supremacy Clause of the Constitution, the federal law that identifies marijuana as an illegal drug reigns supreme. Though President Obama has decided that the federal government will not make prosecuting marijuana offenders a priority, without a change to federal law marijuana remains an illegal drug in the United States. While the legalization of medicinal marijuana marks an area of significant progress in the United States, the permanence of this progress will be decided in the next presidential election. This widespread legalization of medicinal marijuana could mark the beginning of a krisis point in marijuana reform. Colorado and Washington have recently legalized marijuana for recreational use. In the coming days, we will soon see if other states will follow suit.
One of the most well-known arguments against the legalization of marijuana is the argument  that “Marijuana is often used as a stepping-stone drug, leading to heroin, cocaine, or other harder drugs” (Messerli). This has become a commonplace in society, through D.A.R.E. programs and television ads, although the rising numbers of recreational and medicinal marijuana users who do not graduate to these harder substances demonstrates that perhaps this argument may be rooted in fallacy and propaganda.  This argument occurs in the stasis of conjecture, as it explores causality and origin. Because this argument is an cause and effect based argument, it is a rhetorically practical argument, abet one not solidly grounded in reality Though the argument is in part specific, as is claims marijuana users will use the substance as a gateway drug to harder substances, it loses credibility in today’s society as it does not specify which type of marijuana users it targets. This broad generalization that all marijuana users will become drug addicts is preposterous, as our president has confessed to smoking the herb and he is the leader of the free world! Interestingly, this commonplace implies that Marijuana is less dangerous that these harder drugs- though it is defined by the Department of Justice as a Schedule One substance, allegedly more dangerous than cocaine and equivalent to heroin ("Drug Scheduling").
Legalization proponents likewise make conjectural arguments, such as the widespread belief that legalization of marijuana would eliminate the black market for marijuana and force drug dealers out of business, while at the same time eliminating the violence that surrounds the black market sales of marijuana (Messerli). This has recently become a commonplace given the legal experiments with legalization such as in Uganda and the Netherlands, which are perceived as successful thus far. However, this argument is widely general and theoretical; it is logical in the thought process that the legalization of marijuana would help downsize the black market, yet it overlooks the scope of quantity and the wide range of illegal drugs in the United States. It also underestimates the power of the cartels and others who produce and distribute drugs inside the United States. It is theoretical in that legalization has not become a widespread phenomenon across the United States to the point where it would be possible to postulate the affects of legalization upon the black market. This argument is also largely reliant upon policy, and the assumption that when and if marijuana was to be legalized, that it would be sold for a lower price since it would no longer be an illegal commodity.  There is also a value element to this argument, as marijuana users are painted in a negative light- they are portrayed as complicit in the violence of the drug black market. However, while the argument hypothesizes about price of marijuana and possible correlation in a reduction in crime, it is unclear why and how this connection is made. It seems as though despite that the rhetor is arguing for legalization, they are perpetrating a stereotype of marijuana users as dangerous criminals; the very argument implies a conspiracy-like situation where all marijuana users must participate in a shady underworld in to obtain their illicit drugs. This argument ignores a large majority of marijuana users who have no active role in the black market.
In the wake of President Reagan’s increased penalties for drug users, even non-violent offenders, and our resulting state of mass incarceration, the commonplace argument that “Drug busts often trap young people in a flawed system that turns them into lifelong criminals” has gained considerable ground (Messerli).  This argument takes place in the stasis of conjecture, as it discusses causality of an issue; here, it is argued that the system is responsible for turning young offenders into career criminals. Further, it is an abstract, theoretical argument that lacks a significant amount of detail. It fails to take into account the choices of the individual, instead placing all the blame for a very complex issue on one variable. This argument is also rooted in the stases of value and policy, as it implies that current drug laws turn misguided youth into career criminals. It condemns the drug laws and subsequent incarceration of young drug offenders, ignoring the crucial element of non-violence. Nobody wants violent criminals roaming the streets, regardless of their age. However, this argument also alienates older, non-violent drug offenders. This argument fails to mention the collateral consequences of the conviction itself on future job and educational prospects, and the role that this black mark on a person’s name has upon their future. The broad, general nature of this argument weakens the sentiment behind it- the focus upon young offenders and ignores first time offenders who may be older in years.  These flaws in logic makes this argument come across as incredibly weak, as it is an argument that calls for specificity and data yet is lacking both.
            The anti-legalization rebuttal to this argument is the belief that “Because of drug-related arrests, people who have committed or are likely to commit more serious crimes can be taken off the streets,” and is similarly conjecturally based (Messerli). It postulates that drug-related arrests reduce people who would likely commit other crimes. This argument similarly perpetrates the stereotype that all drug users are bad, violent criminals and fails to account for the good pot smokers of suburbia and other places not typically assumed to be crime-ridden. This argument seems to support the general idea of mass incarceration for drug related offenses, regardless as to if the person is a non-violent first-time offender, suffering from addiction, or the head of a cartel. This belief is rooted in the conservative ideal of protecting a perceived moral common good of the country. It fails to take into account the subjective nature of morality, which has been demonstrated in the evolving state drug laws.
            One of the key places both parties disagree is upon the definition of “drug”. The argument that “the drug generally isn't more harmful than alcohol or tobacco if used in moderation,” is widely popular as both tobacco and alcohol are chemical substances classified as drugs, yet both are legal to buy and consume in the United States (Messerli). While this is a specific argument comparing marijuana to tobacco, which is similarly smoked, and alcohol, which can cause a comparable degree of intoxication, the strength of this argument lies in the word “moderation.” Moderation within our society has a very strong, positive connotation, as it is a commonplace that anything in moderation is okay. This argument plays upon this commonplace for strength. However, it fails to take into account the clear and obvious differences between marijuana, tobacco and alcohol: Marijuana has medicinal qualities, where tobacco and alcohol do not. However, it forces the audience to consider whether or not there are degrees of acceptability: It is common knowledge that tobacco cigarettes may cause lung cancer, and alcohol deaths occur at an tragically high rate every year. Perhaps this argument challenges our societal values of tobacco and alcohol –both of which are chemically “drugs”–as acceptable, while causing us to question the historically maligned reputation of marijuana.
               Those against the legalization of marijuana typically hold steadfast to the belief that drug use in and of itself is morally wrong (Messerli). Those of a conservative persuasion typically hold this general belief.  This argument is value-based, as it implies that using drugs is worse than abstaining from drug use. It is also critically based in the definition of marijuana as a drug. A possible rebuttal within the definition stasis to a person morally opposed to marijuana could the argument that “Aside from recreational drug use, Cannabis has several industrial and commercial uses, as over 25,000 products can be made from the crop” (Messerli).  This, again, debates the definition of marijuana and emphasizes that it is in fact more than just a drug. A similar comparison could be made about the poppy flower, as it is more than just a means to manufacture heroin. This argument is general in scope, as it addressed the vast number of products that can be made from cannabis. It is also a practical argument, as it lays out the vast number of ways cannabis could be used. The strength of this argument lays its detail. It highlights the fact that the laws banning marijuana severely impact the potential market for hemp as a cash crop in the United States and gives specific figures regarding the extensive use of the hemp plant.
                Other parties opposing the legalization of marijuana fear that the legalization of marijuana may lead to the legalization of harder drugs, or all drugs; further, legalization may increase the chances of children gaining access to a dangerous drug (Messerli).  This argument is strictly value-based, as the rhetor clearly has a blatant moral opposition to marijuana. This argument is only effective to an audience that shares those same values; that is, an audience that believes that marijuana is inherently dangerous. Some marijuana proponents may argue in response that the legalization of all drugs or easier access to marijuana is not a bad thing at all, as some perceive marijuana to be safer than many prescription medications. The idea of children gaining easier access to marijuana draws a direct parallel to the regulation of marijuana in the United States today, while also begging the question- isn’t it easy enough now to buy marijuana in the US from a drug dealer who certainly doesn’t card or care? This argument is a rhetorically theoretical one as it is concerned with a abstract potential future, where in reality the federal government has not legalized marijuana. It is also, however, an argument that is relatively specific in scope. While the argument is specific in naming marijuana, it is general in scope when considering the vague definition of “harder drugs.” Based upon the definition of “drug” aren’t prescription drugs such as oxycodone, stimulants such as caffeine, and tobacco cigarettes containing nicotine widely available and legal? This argument fails to address the wide number of addictive and dangerous drugs that are currently legal and unregulated. Consider the legal concoction 4 LOKO, a mixture of caffeine and alcohol, which was only removed from shelves in some states after a number of deaths. However, in certain states it is still available and people often enjoy the similarly dangerous “vodka and red bull.” This argument also fails to address which children it refers to- teens, toddlers, inner city youths, college kids or suburbanites. Clearly the idea of young children gaining access is more frightening than that of college-aged kids, but this lack of specificity significantly weakens this argument.


            Many proponents of marijuana legalization argue that the current legal limitations forbidding recreational marijuana use impinges upon personal freedom and civil liberties (Messerli). This value argument is founded upon the liberal ideology in which protecting the freedom of the individual is supreme.  This argument is based upon the idea that the government should not be able to control what citizens choose to put inside their bodies; essentially, a person’s private affairs are none of the government’s business. This argument also raises the interesting question of why certain drugs are government-sanctioned, such as caffeine, nicotine, sugar and alcohol while others such as marijuana are condemned? However, opponents to marijuana legalization would maintain that this government control serves the greater good and is not a bad thing. While concerns about impinging upon individual liberties may resonate with liberals, it would not much with conservatives.
            In terms of policy arguments, pro-legalization advocates claim that the legalization of marijuana could be an additional source of tax revenue, which would provide a desperately needed stream of income in these tense economic times (Messerli).  As an influx of income would certainly be a positive in this economy, this argument also has a value element.  The general, nebulous idea that the taxation of marijuana could solve the United States’ economic woes has become a predominant commonplace in recent years. However, it is unclear how realistic this actually is, and this argument appears merely theoretical as a result. Considering the enormity of our national debt, it is unclear without seeing actual figures if this could be a feasible solution. As such, this argument is far less strong than it could be.
                People opposed to legalization may rebut this policy based argument with one of their own, “Marijuana may be arguably be the US’s largest ‘cash crop’, but the estimated tax value is highly inflated due to the disparity in price between legal and illegal drugs” (Riggs 2). This policy argument is significantly stronger than the one above as it appears infinitely more specific and practical. It overturns the fanciful commonplace that merely taxing marijuana would solve the debt crisis because it takes into account specific variables that the former rhetoric ignores. However, while this argument does vacate the commonplace somewhat, it does not completely function as an argument against legalization; it only points out that less money that many estimate actually stands to be made by legalization and taxation. However, taxing marijuana would still tap into a previously unused revenue source in the United States. While the fact that legalizing and taxing marijuana would make the government less money than others anticipate serves to discredit the pro-legalization argument, it does not give any significant reason not to legalize marijuana.
            As a whole, the arguments for legalization are more persuasive then those against. The arguments against legalization are primarily founded in the value stasis and based upon subjective moral belief, while the arguments for legalization address economic benefits in the way of taxation and minimizing the incarceration rate occur in the policy stasis. In order to persuade someone of the benefits of the legalization of marijuana, a policy argument based in economic rhetoric seems the best way to persuade, considering the sad fiscal state of our economy. However, if the person had a strong moral objection to marijuana, it would be a much more difficult case to make. The complexity lies in the subjective nature of morality- it is very difficult to change another’s morals, so in order to convince someone of this mindset to legalize marijuana, an argument would have to be made such as one that legalization of marijuana does not equate condoning drug use. This would likely need to be accompanied by other strong arguments in the policy stasis, such as the above relating to economic concerns. With the surge in popularity in recent years for legalization, it appears probable legalization is a possibility in today’s charged political atmosphere. The fact that the federal drug laws regarding marijuana, however, remain unchanged shows that the legalization movement has a large amount of ground yet to cover. While it may be years, or even a number of presidencies away until society is open to complete legalization, decriminalization seems like a step in the right direction that will allow both sides to compromise; as it is not full legalization, hopefully difficult morality-based arguments in the value stasis could be avoided. With effective rhetoric and a little bit of luck, there is hope that in the future, the land of the free will be able to shed its restrictive marijuana laws and hold true to it’s name.




Works Cited
"Drug Scheduling." Drug Enforcement Administration. US Department of Justice, n.d. Web. 7 Nov. 2013. <http://www.justice.gov/dea/druginfo/ds.shtml>.
"Marijuana Quotes From Famous People." eazysmoke.com. N.p., 2013. Web. 5 Nov. 2013. <http://www.eazysmoke.com/marijuana-quotes.htm>.
"Medicinal Marijuana." ProCon.org. N.p., 16 Sept. 2013. Web. 17 Nov. 2013. <http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881>.
Messerli, Joe. "Should Marijuana Be Legalized Under Any Circumstances?" Balanced Politics. N.p., n.d. Web. 5 Nov. 2013. <http://www.balancedpolitics.org/marijuana_legalization.htm>.
Riggs, Mike. "The 3 Worst Arguments for Legalizing Marijuana." Reason.com. N.p., n.d. Web. 5 Nov. 2013. <http://reason.com/archives/2012/03/23/the-three-worst-arguments-for-legalizing/>.
"Ronald Reagan Quotes." Thinkexist.com. N.p., 2013. Web. 5 Nov. 2013. <http://thinkexist.com/quotation/i_now_have_absolute_proof_that_smoking_even_one/337330.html>.
"States That Have Decriminalized Marijuana." NORML. N.p., 2013. Web. 17 Nov. 2013. <http://norml.org/aboutmarijuana/item/states-that-have-decriminalized>.

"Thirty Years of America's Drug Wars: A Chronology." Frontline. WGBH, 2013. Web. 4 Nov. 2013. <http://www.pbs.org/wgbh/pages/frontline/shows/drugs/cron/>.


* Note* This work is the product of an independent study in persuasive writing. Due to the relevant content, I have chosen to publish it on this blog

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