Is it time to turn over a new leaf?
MARIJUANA. Dope. Weed. Grass. Wacky-baccy.
Whatever name you give it, cannabis and its legality is an issue that continues to stir debate worldwide.
California’s recent decision not to legalise the drug for personal use has raised the question of whether a similar bill could – and will ever – be considered in Ireland.
Under the Regulate, Control and Tax Cannabis Act of 2010 – otherwise known as Proposition 19 – Californians over the age of 21 would have been able to possess one ounce of cannabis for personal use.
They would also have been able to grow a certain amount of the drug. Anyone found supplying cannabis to minors would face a prison sentence of between six months and seven years and a $1,000 (€730) fine.
Proposition 19 would also have maintained many existing laws including driving under the influence and an employer’s right to address cannabis use if it affects an employee’s job performance still apply.
Despite the defeat, the supporters of Proposition 19 have so much faith in the potential benefits of legalising cannabis they have pledged to come back with a stronger campaign for the 2012 ballot.
Here in Ireland, cannabis remains the most commonly used illegal drug throughout the age groups, according to the European Monitoring Centre for Drugs and Drug Addiction.
They also point out that unlike some other parts of Europe, its use and particularly the cultivation of the drug has not declined in Ireland over recent years.
In a survey carried out by the National Advisory Committee on Drugs, the proportion of adults who reported using cannabis at some point in their life had increased from 17% to 22% between 2003 and 2007.
Of these, 6% of adults reported using cannabis in the year prior to the survey, while 13% of those in the 15-24 age group reported using cannabis in the same period.
Research carried out by the European Schools Project on Alcohol and Drugs revealed that at least 20% of Ireland’s 15 to 16-year-olds were found to have used cannabis at least once in their lifetime.
Cannabis seizures also account for the majority of all drug seizures in the country and the majority of prosecutions are for possession rather than for crimes linked with its acquisition or use.
Under the Misuse of Drugs Acts, anyone found in possession of cannabis is guilty of an offence, and possession of cannabis for personal use is punishable by a fine on first or second conviction. However, from a third offence onwards, it incurs a fine and/or imprisonment.
In terms of cannabis seizures:
- Of the 10,444 reported drug seizures in Ireland in 2007, 5,176 (49.6%) were cannabis-related.
- In 2007, there were 9,126 proceedings commenced for possession of cannabis, while in 2008, 75% of prosecutions were for simple possession.
The majority of cannabis resin – the principal form of the drug used in Ireland – is produced in Morocco.
According to customs, South Africa continues to be the main source for herbal cannabis, with Amsterdam and Belgium the main transit hubs for the majority of seizures during 2008.
In Co Cork alone, cannabis seizures in the past year are estimated to have reached a street value of €1 million, and according to gardaí, more than €500,000 worth of cannabis was seized in the city in the past month, while seizures involving the cultivation of plants are up nearly 100% in the past year or so.
However it is estimated that as a rule of thumb only 10% of the narcotics coming into the country are ever seized. As a result pro-cannabis campaigners – who consider the drug to be relatively harmless – argue that the amount of money spent each year on attempting to combat the illegal cannabis trade is a waste of badly needed resources and gardaí time.
Health Research Board criminologist Johnny Connolly is adamant, however that any suggestion of decriminalising or legalising cannabis in this country remains highly controversial.
“Many would argue that it would free up police resources and remove gangland crime, but it is important to look at the initiatives in other countries before that can be said for certain.”
Supporters of California’s Proposition 19 argued that if adopted as law, police resources would have been able to focus more on violent crime and eradicating drug cartels.
But according to Mr Connolly, it is difficult to be certain that legalising cannabis would necessarily lead to a significant reduction in crime in Ireland.
“It is questionable that it would remove the black market; if like California’s bill it would only be legal for people over the age of 21, then there would still be an underground market for people under that age.
“We are also dealing with higher cannabis toxicity levels than before and, as users’ levels of tolerance increases, the associated health risks may too.”
Director of the Crosscare Drug and Alcohol Programme Chris Murphy said that he believes legalising cannabis would lead to major problems in our schools.
“Availability has always seemed to go with increased usage, but if you look at Holland, where the drug has been decriminalised and is freely available, fewer teenagers are cannabis users than here.
“However, cannabis is a problem enough drug in itself. It connects users with suppliers and, while not everyone will go on to harder drugs, it can act as a gateway for about one in every seven people.”
According to the head of Decriminalise Illegal Drugs Vincent Lavery, current drug strategies in this country are failing and need to be changed dramatically.
“The war on drugs here is a failure. The more something is prohibited, the more people are likely to want it. The best way to lessen the use of drugs is to remove it from the realm of the forbidden fruit.
“If Ireland were to take a step towards legalisation, it’s the drug pushers who would be hurt the most, crime may go down, anti-social behaviour would be reduced and it would stop making criminals out of generally law-abiding people.”
Mr Lavery added that any step towards cannabis legalisation would be a step in the right direction.
“The Government needs to look at the issue. Does the present policy on drugs here lessen or increase the problems? Is it better for families to be ruined and people murdered for selling drugs, or for the government to be in charge of distributing drugs that are medically safe and pure?”
Support for a change in the legal status of cannabis is beginning to appear in the political arena.
Health Minister Mary Harney and Drugs Minister Pat Carey recently spoke of their support for legalising cannabis for medicinal use, while in 2009, Labour Party chief whip Emmet Stagg spoke out in favour of cannabis decriminalisation. .
Mr Connolly agreed that how mind-altering substances are dealt with in this country needs to be examined thoroughly.
“Both rampant prohibition and free-market libertarianism are to unacceptable extremes. Our current drug strategy here is neither and there is still a great deal of grey area we haven’t looked at.”
IT IS estimated that €100 million in tax alone could be generated annually in Ireland if legislation to legalise cannabis was passed.
That figure pales into insignificance when compared to the $1.4 billion dollars in tax which it is estimated could have been generated annually in California if Proposition 19 had passed.
In addition to tax savings, economists estimated that millions of dollars could have been saved on the enforcement of cannabis-related offences, which cost the state approximately $300 million every year.
In the Netherlands, where a drug policy that tolerates the sale and consumption of cannabis at specially-designated cafes exists, it is estimated that coffee shops indirectly add €140 million and 1,370 jobs to the Dutch economy.
It is estimated that 4,000 “drug tourists” enter the city every day to buy cannabis.
Head of Decriminalise Illegal Drugs (DID) Vincent Lavery also believes legalising cannabis could save hundreds of thousands of euro on crime prevention.
“It costs thousands to keep someone in jail for a year, if cannabis was legalised money would also be saved on policing and prosecutions.”
However Health Research Board criminologist Johnny Connolly suggests the question of legalising cannabis for economic benefit needs to be balanced with what type of tourism it would bring in.
“If you think how the Netherlands have started to clamp down ... on drug tourism, you have to consider whether this is something that we would want to advertise about ourselves.”
Anti-drug campaigners also argue that cannabis legalisation would put more financial strain on a health system that is already struggling.
Some also argue, however, that people with debilitating conditions and illnesses which have been shown to benefit from cannabis use could use the drug to self-medicate, taking strain off GP services.
In one clinical trial involving 160 patients suffering from multiple sclerosis (MS) taking the cannabis-based medicine Sativex, patient’s muscle spasticity was shown to have significantly reduced, with no adverse effects on their mental capacity or mood.
Studies have also suggested that cannabinoids –the active components of cannabis and its derivatives – could be used to develop a number of anti-cancer therapies.
Emergency medicine consultant Dr Chris Luke believes that a change in the law regarding cannabis in Ireland would have a devastating impact on some and as a result any liberalisation must run in tandem with a system where suppliers pay for the health costs.
“Pro-cannabis campaigners have not dealt with the terrifying instances I have.
“It is not the law that matters, it is the biology. No law changes the fact that some people will have psychiatric reactions to cannabis.
“If it is legalised, fine; as long as it is done to the same pharmaceutical standard as any drug – If something goes wrong, those in charge pay up.”
National Advisory Committee on Drugs (NACD) chairperson Dr Des Corrigan also points out that cannabis smoke may double the risk of the user contracting lung/throat cancer.
“While cannabis-based medicines can be used to treat nausea and have some potential benefits in relation to pain relief and multiple sclerosis, the fact is cannabis use does have profound ill effects that cannot be ignored.”
A BALLOT took place in California recently which had the potential to change the way we look at regulating the sale and supply of cannabis forever.
If it had passed, Proposition 19 would have taxed and regulated the sale of cannabis for adults aged 21 and over.
This would have been a uniquely progressive development.
If Proposition 19 had passed in California then the money raised through the sale of cannabis could have been used to fund schools and hospitals rather than the lavish lifestyles of criminals who live beyond the law.
I believe if Proposition 19 had passed it would have had a domino effect on the legalisation of cannabis worldwide.
Given that the USA are one of the major enforcers of short-sighted United Nations drug policy it would have been just a little more difficult for right-wing US politicians to preach to the rest of the world if it had a state within its own political boundaries which contradicted their short-sighted view.
For example, it is estimated that British Columbia in Canada exports anything up to $4 billion (€2.85bn) worth of cannabis to the US every year.
Given its proximity to California, it is obvious that British Columbia would lose a massive amount of this income if the plan to tax and regulate had gone ahead.
Would they put up with this? I doubt it. I think they too would have followed the Californians down the road to legalisation.
The domino effect would not end with Canada and would eventually spread worldwide.
The only way that Proposition 19 would have lessened the chances of cannabis being legalised worldwide is if the implemented policy did not work.
A brief look at the legislation would prompt one to say how could it not?
Under Proposition 19 we would have seen cannabis controlled like alcohol.
This would mean adults aged 21 and over would be allowed to possess up to one ounce with strict guidelines that it could only be consumed at home or in licensed establishments.
This would have given the state and local governments the ability to tax the sale of cannabis for adult consumption.
The legislation would mean law enforcement agencies could place their policing priorities where they belong, dealing with serious crime.
An end to the arrests of non-violent cannabis consumers would also save millions every year in police and judicial costs.
Proposition 19 would also have generated money in annual revenue to fund what matters most: jobs, healthcare, public safety, parks, roads, transportation, and much more.
It would have increased the penalty for selling marijuana to minors, maintain strict criminal penalties for driving under the influence and preserve employers’ rights to maintain drug-free workplaces.
Now how can this be any worse than the current mayhem which exists?
It is difficult to establish what the total value of the market in Ireland is for cannabis.
However figures suggest that it is a market worth anything up to €700 million annually.
All of this money goes into the hands of criminals as opposed to the legitimate taxed economy.
By legalising this drug all the state would be doing is ensuring they get their cut of the revenue – rather than the scumbag dealers who have all the market at the moment.
The fact is that prohibition does not prevent people from getting cannabis. We have a higher consumption rate in Ireland than in the Netherlands, even though you can openly purchase the substance there.
Portugal has also decriminalised cannabis and they have lower consumption rates than us.
We have tried the same policy for 30 odd years. The goal was to reduce consumption. We failed. The goal was to reduce supply. We failed.
It is admirable that if one fails then one “tries and tries again”.
However, it is stupid to try and try again if your methodology is seriously flawed in the first place. It is undoubtedly time for a rethink in Ireland.
ON the issue of cannabis legalisation Community Awareness of Drugs (CAD) are totally opposed to any moves to relax cannabis-related laws.
Relaxing the laws would lead to increased use which in turn would lead to increased problem use.
So what sort of problems are we talking about? Quite a few.
The important thing for Irish society is to take cannabis seriously, some people are all too dismissive when it comes to this drug.
Take driving for example. We know for a fact cannabis consistently appears in the top three substances that are associated with impaired driving in Ireland and elsewhere.
Legalising cannabis would likely mean increased numbers of impaired drivers. This in turn could lead to more single vehicle crashes and even more prosecutions for drug driving.
Cannabis-related mental ill health is another important area to highlight. Psychosis is a debilitating condition for anyone to encounter. Studies have shown that people who used cannabis are more likely to have a psychotic diagnosis than people who did not use cannabis.
It is believed that cannabis use may cause a condition known as a drug-induced psychosis or cannabis psychosis which can last up to a few days and usually results from prolonged or heavy cannabis use and responds well to treatment.
However, in some cases, cannabis use may contribute to the development of a psychosis such as schizophrenia which constitutes a serious mental illness for the majority of people with the disorder.
Cannabis also impairs learning in our schools and training workshops. The difficulty seems to lie in the way the students take in the information in the first instance and later have difficulty recalling the information when they need to.
One third-level student I spoke with, a daily cannabis smoker, showed me his A4 notepad. He showed me his writing on the pages, but said he had no recollection of taking anything down in the classroom, hence his inability to recall the material at exam time.
Is this what we want? More people there in body, but absent in spirit?
In addition, psychomotor performance can be adversely affected in cannabis users. This is related to operating machinery or using sensitive equipment, acquiring new skills. In this instance, the cannabis user is working against themselves rather than in their own best interest. Happy going nowhere! Is this what we want for our young people?
One of the most surprising things for parents in our Family Focus drug education programme is to learn that one joint can be detected in the body for around one month if you are a regular smoker. Someone who smokes cannabis, at less than monthly intervals, is topping up on the active ingredient, THC, the stuff that gives the high, in their body. This gives us some clues to lack of motivation, hazy thinking, impaired sperm count and affected ovulation cycles.
And yet the ‘legalisers’ would have us think it is a benign substance that does little harm. Tell that to the guy who failed his medical for the army or the girl who missed out on an opportunity to join one of the big multinational companies, both of whom conduct pre-employment screening.
Two tried and tested legal drugs, alcohol and tobacco, take their toll on Irish society. If we seriously consider the costs of alcohol-related harm on the economy and on society, would we seriously want to add another complex substance to the mix.
Cannabis has an even greater concentration of cancer-causing chemicals than tobacco. Can you really see the Government rubber stamping another harmful product?
In conclusion, CAD strongly oppose any moves to relax cannabis-related laws on the grounds that its use is associated with myriad health-related problems and is quite likely to hinder personal and professional development in the long term.
CONNECT WITH US TODAY
Be the first to know the latest news and updates
