Constitutional Reform: A Call for a Constitutional Convention for Legalization of Cannabis


Constitutional Reform: A Call for a Constitutional Convention for Legalization of Cannabis
The Issue
In the 21st century, society's perception of cannabis has evolved. Medical research has unveiled its therapeutic potential, and states nationwide have embraced its legalization for medicinal and recreational purposes. However, the federal government's stance remains mired in the past, stifling progress and perpetuating disparities.
A constitutional amendment is not merely a legal necessity but a moral imperative. It is about dismantling the barriers that hinder innovation and social equity. It is about acknowledging the freedom to make informed choices about one's well-being. It is about righting the wrongs of the past and creating a future where cannabis users are not branded as criminals but respected as responsible adults.
The idea of a constitutional amendment for cannabis is not new. In 2021, Ryan C. Griffith Esq, UMass Law Review, published 'A Breath of Fresh Air: A Constitutional Amendment Legalizing Marijuana Through an Article V Convention of the States.'
"This Article argues that because the states are capable of regulating marijuana, they should band together under the authority granted to them by Article V of the United States Constitution. That article provides an avenue to amend the constitution. If thirty-four states apply for an Article V Convention of the States, the federal government must convene one. An Article V Convention has never been held but has often been discussed. Considering a majority of the states and the District of Columbia have already legalized marijuana to some degree, and the federal government is undecided on marijuana enforcement, conditions are perfect for calling an Article V Convention of the States to ratify a Constitutional Amendment ending the archaic federal treatment of marijuana in this country." (Griffith, 2021).
Cannabis Research and Policy in the United States of America
Central to understanding cannabis prohibition, voters need to be aware of pivotal moments where the U.S. Government either recognized the therapeutic potential of cannabis or expressed enthusiasm for research endeavors. This exploration is particularly significant given the context of the Controlled Substances Act of 1970.
1. The Compassionate Investigational New Drug Program was established in 1978. (MPP.org, 1995)
2. U.S. Patent US6630507B1 (CBD). Issued October 7, 2003 Patent is granted:
"Cannabinoids have been found to have antioxidant properties unrelated to NMDA receptor antagonism. This newfound property makes cannabinoids useful in the treatment and prophylaxis of a wide variety of oxidation-associated diseases, such as ischemic, age-related, inflammatory, and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease and HIV dementia." (U.S. Patent US6630507B1, 2003).
3. Marinol A.K.A Dronabinol. The U.S. Government admits in its literature that Marinol is a cannabinoid. (Approved in 1985)
4. The National Institutes of Health funded Dr. Raphael Mechoulam's work, which started in the 1960s.
"The NIH, which rarely provides overseas grants, has been funding Mechoulam's research for 50 years. It started in 1963 when Mechoulam applied for NIH funding and was told that cannabis research wasn't of interest to the agency because marijuana wasn't an "American problem," recalls Mechoulam." (Schwartz, 2015)
In a separate interview, when asked about the funding he received from the NIH, Dr. Raphael Mechoulam had this to say, "Although NIH does not generally fund foreign researchers, they made an exception in my case. They never interfered with my research, and they never asked me (or suggested) to go in any specific direction. As a matter of fact, I got a prize from NIDA, the National Institute of Drug Abuse (NIDA), Lifetime Achievement Award, presented by the Director of NIDA, NIH, Bethesda, September 2011.9" (Ventura et al., 2016-2017) (Original Source: Wile, 2014)
Moving Forward
This initiative endorses a future where individual rights are respected, needless incarcerations cease, and tax revenues fund vital community initiatives. In the spirit of democratic progress and societal evolution, the cannabis community must come together under the banner of constitutional reform to advocate for a fundamental change that aligns the United States with the shifting attitudes and realities surrounding cannabis.
Our nation stands at a pivotal juncture where the legalization of cannabis has become an imperative issue echoing the people's will. This call for a convention is not merely a call for change; it is a declaration of collective beliefs in a future where personal choice, responsible regulation, and informed decision-making pave the way for a more enlightened America.
Thank you to everyone who has supported and continues to support this endeavor. We greatly appreciate your time, dedication, and expertise.
"You want to know what this was really all about?" he asked with the bluntness of a man who, after public disgrace and a stretch in federal prison, had little left to protect. "The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course, we did." - John Ehrlichman, (White House Counsel and Assistant to the President for Domestic Affairs under President Richard Nixon). (Baum, 2016) ______________________________________________________________________________
*Baum, D. (2016). Legalize It All. Harpers Magazine. https://harpers.org/archive/2016/04/legalize-it-all/
________________________________________________________________
Citations:
Baum, D. (2016). Legalize It All. Harpers Magazine. https://harpers.org/archive/2016/04/legalize-it-all/
Griffith, R. (2021). A Breath of Fresh Air: A Constitutional Amendment Legalizing Marijuana Through an Article V Convention of the States (Vol. 16, Ser. 2). UMass Law Review. March 23, 2024, https://scholarship.law.umassd.edu/umlr/vol16/iss2/2/
Marijuana Policy Project. (1995). Federal Government's medical marijuana program. MPP.org. https://www.mpp.org/policy/federal/federal-governments-medical-marijuana-program/
Schwartz, Y. (2015, December 17). The Outsourcing of American Marijuana Research. Newsweek. https://www.newsweek.com/2015/12/25/outsourcing-american-marijuana-research-406184.html
Ventura, J., Hobbs, J., & Kubby, S. (2016). Jesse Ventura's Marijuana Manifesto. SkyhorsePublishing, Inc.
Wile, A. (2014, October 19). Dr. Raphael Mechoulam: The Promise of Cannabis. The Daily Bell. https://www.thedailybell.com/all-articles/cannabis-marijuana/anthony-wile-dr-raphael-mechoulam-the-promise-of-cannabis/
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The Issue
In the 21st century, society's perception of cannabis has evolved. Medical research has unveiled its therapeutic potential, and states nationwide have embraced its legalization for medicinal and recreational purposes. However, the federal government's stance remains mired in the past, stifling progress and perpetuating disparities.
A constitutional amendment is not merely a legal necessity but a moral imperative. It is about dismantling the barriers that hinder innovation and social equity. It is about acknowledging the freedom to make informed choices about one's well-being. It is about righting the wrongs of the past and creating a future where cannabis users are not branded as criminals but respected as responsible adults.
The idea of a constitutional amendment for cannabis is not new. In 2021, Ryan C. Griffith Esq, UMass Law Review, published 'A Breath of Fresh Air: A Constitutional Amendment Legalizing Marijuana Through an Article V Convention of the States.'
"This Article argues that because the states are capable of regulating marijuana, they should band together under the authority granted to them by Article V of the United States Constitution. That article provides an avenue to amend the constitution. If thirty-four states apply for an Article V Convention of the States, the federal government must convene one. An Article V Convention has never been held but has often been discussed. Considering a majority of the states and the District of Columbia have already legalized marijuana to some degree, and the federal government is undecided on marijuana enforcement, conditions are perfect for calling an Article V Convention of the States to ratify a Constitutional Amendment ending the archaic federal treatment of marijuana in this country." (Griffith, 2021).
Cannabis Research and Policy in the United States of America
Central to understanding cannabis prohibition, voters need to be aware of pivotal moments where the U.S. Government either recognized the therapeutic potential of cannabis or expressed enthusiasm for research endeavors. This exploration is particularly significant given the context of the Controlled Substances Act of 1970.
1. The Compassionate Investigational New Drug Program was established in 1978. (MPP.org, 1995)
2. U.S. Patent US6630507B1 (CBD). Issued October 7, 2003 Patent is granted:
"Cannabinoids have been found to have antioxidant properties unrelated to NMDA receptor antagonism. This newfound property makes cannabinoids useful in the treatment and prophylaxis of a wide variety of oxidation-associated diseases, such as ischemic, age-related, inflammatory, and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease and HIV dementia." (U.S. Patent US6630507B1, 2003).
3. Marinol A.K.A Dronabinol. The U.S. Government admits in its literature that Marinol is a cannabinoid. (Approved in 1985)
4. The National Institutes of Health funded Dr. Raphael Mechoulam's work, which started in the 1960s.
"The NIH, which rarely provides overseas grants, has been funding Mechoulam's research for 50 years. It started in 1963 when Mechoulam applied for NIH funding and was told that cannabis research wasn't of interest to the agency because marijuana wasn't an "American problem," recalls Mechoulam." (Schwartz, 2015)
In a separate interview, when asked about the funding he received from the NIH, Dr. Raphael Mechoulam had this to say, "Although NIH does not generally fund foreign researchers, they made an exception in my case. They never interfered with my research, and they never asked me (or suggested) to go in any specific direction. As a matter of fact, I got a prize from NIDA, the National Institute of Drug Abuse (NIDA), Lifetime Achievement Award, presented by the Director of NIDA, NIH, Bethesda, September 2011.9" (Ventura et al., 2016-2017) (Original Source: Wile, 2014)
Moving Forward
This initiative endorses a future where individual rights are respected, needless incarcerations cease, and tax revenues fund vital community initiatives. In the spirit of democratic progress and societal evolution, the cannabis community must come together under the banner of constitutional reform to advocate for a fundamental change that aligns the United States with the shifting attitudes and realities surrounding cannabis.
Our nation stands at a pivotal juncture where the legalization of cannabis has become an imperative issue echoing the people's will. This call for a convention is not merely a call for change; it is a declaration of collective beliefs in a future where personal choice, responsible regulation, and informed decision-making pave the way for a more enlightened America.
Thank you to everyone who has supported and continues to support this endeavor. We greatly appreciate your time, dedication, and expertise.
"You want to know what this was really all about?" he asked with the bluntness of a man who, after public disgrace and a stretch in federal prison, had little left to protect. "The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course, we did." - John Ehrlichman, (White House Counsel and Assistant to the President for Domestic Affairs under President Richard Nixon). (Baum, 2016) ______________________________________________________________________________
*Baum, D. (2016). Legalize It All. Harpers Magazine. https://harpers.org/archive/2016/04/legalize-it-all/
________________________________________________________________
Citations:
Baum, D. (2016). Legalize It All. Harpers Magazine. https://harpers.org/archive/2016/04/legalize-it-all/
Griffith, R. (2021). A Breath of Fresh Air: A Constitutional Amendment Legalizing Marijuana Through an Article V Convention of the States (Vol. 16, Ser. 2). UMass Law Review. March 23, 2024, https://scholarship.law.umassd.edu/umlr/vol16/iss2/2/
Marijuana Policy Project. (1995). Federal Government's medical marijuana program. MPP.org. https://www.mpp.org/policy/federal/federal-governments-medical-marijuana-program/
Schwartz, Y. (2015, December 17). The Outsourcing of American Marijuana Research. Newsweek. https://www.newsweek.com/2015/12/25/outsourcing-american-marijuana-research-406184.html
Ventura, J., Hobbs, J., & Kubby, S. (2016). Jesse Ventura's Marijuana Manifesto. SkyhorsePublishing, Inc.
Wile, A. (2014, October 19). Dr. Raphael Mechoulam: The Promise of Cannabis. The Daily Bell. https://www.thedailybell.com/all-articles/cannabis-marijuana/anthony-wile-dr-raphael-mechoulam-the-promise-of-cannabis/
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Petition created on July 1, 2024