Paige Fortson

Critical Analysis
Dr. Idziak
11/18/14

Since its usefulness in treating conditions such as insomnia, chemotherapy-induced

nausea and multiple sclerosis, medical marijuana has become an important, and sometimes
contentious, legislative issue at the local, state and federal level (Toner 1). Medical marijuana
has become more and more of a controversy not only amongst politicians but also amongst
individual states and communities, on whether or not they should legalize the use of medical
marijuana. They question whether this drug is ethical and if it should be used openly across the
United States of America. There certainly are negative affects when it comes to the use of
marijuana, but the good tend to outweigh the bad in this continuous argument between the
government and the people. The use of medical marijuana within the United States should be
legalized in order to improve medical illnesses, decrease marijuana arrests, and increase
government tax money. In arguing this stance Kants Utilitarianism and Rosss ethics of duty will
help determine why the legalization of medical marijuana is a smart move for the United States
of America.
Many who support the legalization of marijuana have cited studies that have found this
plant to suppress cancer, reduce blood pressure, treat glaucoma, alleviate pain, and even inhibit
HIV (PR newswire). The question of whether or not marijuana is a useful drug when it comes
to medical circumstances is a common one. It has been proven that the use of marijuana has
helped treat medical conditions, and although people may question this statement, the facts are
all there. Obama recently told the New Yorker that marijuana isnt more harmful than alcohol

when it comes to impact on the individual consumer (Steinmetz). If this is the case, then why
do the majority of states throughout the U.S have a ban on the continuous use of marijuana,
whether it be medical or recreational? The President of the United States agrees that if the use of
marijuana is not any more harmful than the drug alcohol, which is legal, then why is this
controversy still continuing throughout America? Just like any other controversy occurring, there
are two sides to every story and since Marijuana is a type of drug, isnt addiction a main
concern? There are 27% more people addicted to heroin and pain relievers worldwide (15.5
million) than there are addicted to marijuana (13 million) and an even higher number addicted to
amphetamines, which, again are far less frequently used than marijuana (steinmetz). This does
not mean that the use of marijuana should not be monitored or controlled, this is simply stating
that the community focuses on marijuana as though people are dying left and right from using
this particular drug, when in reality this is far from the actual truth. Marijuana should be
controlled just as alcohol is controlled. If an individual is pulled over and under the influence of
marijuana, they should be ticketed or at worst taken to jail. Medical marijuana is used for exactly
what the title states, for medical purposes, and if this law can be passed throughout the united
states, then it will be one step further in evaluating the use of marijuana as well as being less
lenient about a drug that is not even half as dangerous as the drug alcohol.
Looking further into the medical side of the use of Marijuana, people question how useful
this drug actually is. Moreover, there are a wide range of qualifications for patients to be
prescribed medical marijuana throughout the U.S (toner). The drug is useful in specific cases,
but to be qualified for the medical use of marijuana is a different story. As said previously,
medical marijuana helps to improve the symptoms that follow chemotherapy, which is a big deal
for those who go through the cancer treatment. If a patient has a solid excuse on why they should

be allowed to use marijuana, they should have the option on whether or not they should be
prescribed marijuana. Prescriptions are one of the best ways that this drug can be controlled,
besides continuous arrests of those who do have medical conditions that would allow the need
for using this drug.
In using Rosss ethics of duty a decision on whether marijuana should be legal for those
only affected by medical circumstances is weighed out. Rosss ethics of duty states the
following, An Act A is right when either all the relevant prima facie duties point to doing Act A
or the most stringent duty among conflicting relevant prima facie duties points to doing Act A. In
terms of the government legalizing medical marijuana the following prima facie duties are
considered. There are three steps in this particular ethical law:
1) Determine which prima facie duties are applicable to the ethical dilemma at hand
2) 2) If all relevant prima facie duties point to the same course of action, we know
our actual duty
3) 3) If the prima facie duties conflict in what they tell us to do, determine which
prima facie duty is the more/most stringent in the situation, and that is ones
actual duty.
Beneficence is the first duty and can be used as support because medical marijuana is
helping those affected with medical illnesses to better their condition by decreasing the pain that
they may be feeling. The government has a duty to respect Americans and improve their wellbeing. Nonmaleficence is used because medical marijuana allows the prevention of injury to an
individual. Instead of hurting the individual it is preventing the pain from their illness from
hurting their body. Fidelity may be used as a counter argument; the government has a duty to tell
the truth and keep promises to Americans, and unfortunately there are two sides to this
controversy and the government promises safety and security, and marijuana may not always
allow that. The prima facie duty that supports the legalization most effectively would be

beneficence. Beneficence is the most solid duty because it medical marijuana allows for the
improvement of medical conditions which occur most commonly in the U.S. Although the use of
marijuana may continue among those who do not have medical problems, the number of arrests
of those who do need it will decrease.
The Department of Justice is not required, and realistically lacks the resources, to
prosecute every single violation of the Controlled Substance Act (Congressional Digest). The
controlled substance act regulates the distribution, manufacture, and use of controlled substances
for medical, scientific or research purposes as well as prevents the controlled substance from
being used illegally. Is it fair for a person who is using marijuana for medical purposes to be
arrested just because they are using this aid to get through their pain? Absolutely not. It would
seem that the majority of Americans are in favor of decriminalizing the recreational use of pot,
and the department of justice has advised federal prosecutors that possession of a small amount
of it is not an enforcement priority(Webb). If this is the case, there should be no issue in
allowing those using marijuana for medical purposes, who can provide a legitimate prescription,
to continue on with their day if they are stopped by the police. Of course, the laws with
legalizing marijuana will be similar to that of alcohol. There are signs of being too high to drive
and it is essential to know when an individual has smoked too much to drive. In any case, driving
under any time of substance that will impair an individual while driving should be illegal.
Marijuana, whether medical or not, is one of the substances which will effect a persons ability to
drive an automobile. Marijuana can, believe it or not, leave the tongue slightly green-tinged.
Eyelid tremors are another clue, along with an inability to cross the eyes (Winston). This does
not mean that a person cannot drive for the rest of the day, it simply means that the high of
marijuana lasts for a rather long time within the human bodys system and if one decides to

smoke this aid because of their medical illness, they should make sure that they do not have to
drive anywhere that day or rather have another person drive. An individual knows if they are too
high to drive, despite the fact that they will not always admit it. Smoking and driving is not a
logical idea; to have the substance on a person when pulled over is one thing but to have the
substance and to be high off of that substance is another thing. Regardless of the fact that the
drug was used for medical purposes and a prescription was presented, it does not solidify being
under the influence while behind the wheel.
In order to back up this stance, act utilitarianism can be used to identify the pros and cons
to the use of Medical Marijuana. Utilitarianism states that act A is right= from among the
alternative courses of action open to the agent, act A is the one which will have the best
consequences overall when everyone to be affected by the action is taken into account. There are
three steps in using utilitarianism as an ethical formula. The first step is to determine which
courses of action could be taken in the situation. The second step is to determine the possible
consequences, both immediate and long-term for everyone affected by the situation. The third
step is for each course of action, one must evaluate the consequences and determine an overall
value for each course of action. The table below shows the courses of action and values for the
legalization of medical marijuana. The side with the highest value will determine whether or not
Medical marijuana should be legalized.
Deciding to legalize Medical marijuana
Those with Medical illnesses will have a

Deciding not to legalize Medical Marijuana

The government will have to deal with more

substance that is able to properly control their

arguments among those who are affected by

pain level: +100x1000x80% =80,000

medical illnesses that could be healed with

Individuals will not follow the laws that will

Medical marijuana: 100x1000x75=75,000

Police enforcement of this drug will continue

come along with prescribing medical

to get stricter:

marijuana: -100x1000x40%= -40,000

Cops will be more lenient when faced with a

-40x1000x100%: -40,000
More people will break the law by using

routine stop involving marijuana:

marijuana more frequently:

75x100x50%=3,750
The number of people using marijuana

-75x1000x80%: -60,000
States will continue to legalize marijuana at

illegally will decrease: 90x100x45%=4,050

their own pace despite federal laws:

There will be more arguments between the

-90x50x95%= -4,275
People will continue to follow the law behind

government and the people:

using marijuana: 100x1000x50%=50,000

-85x1000x80%= -68,000
Incarceration for Marijuana will decrease:

Government efforts of making stricter laws on

100x1000x75%=75,000

marijuana will occur:

50x1000x50%=25,000

The results after using utilitarianism is as follows: Deciding to legalize the use of medical
marijuana within the United States ended with a value of 54,800 and deciding not to legalize the
use of medical marijuana ended with a value of 45,725. This means that in using utilitarianism to
determine whether or not the use of medical marijuana should be legalized the law states that
medical marijuana is ethical and should be legalized within the United States. In terms of values
for the legalization of medical marijuana; money also becomes a big factor.
Taxes; The time of the year that everyone dislikes but at the same time everyone looks
forward to. The community pay taxes to help the government pay for governmental activities and
upgrades such as construction, schools, and repairing the community. The controversy continues
about the medical use of marijuana and individuals look at it in terms of effect on people and

effect on the community, but no one looks at the revenue side of it. Taxes are put on every other
purchase in America, so why not put it on Marijuana? Putting taxes on such a controversial
subject would not only raise money for the government but also lower the possibility of
individuals wanting to purchase medical marijuana. Although it is for medical use and an overall
good cause, putting taxes on this particular substance will allow individuals to think twice about
whether or not they really need this aid. In an article about medical marijuana taxes in Los
Angeles it stated, Los Angeles has collected $8.6 million in business taxes from medical
marijuana dispensaries over the past three years (AP). This article gives just an idea how much
tax money can be raised by the distribution of medical marijuana. Although this may be an upset
to those who have the desire to purchase the aid, if people need it they will buy it.
The tax numbers have started to decrease in states across the country who have legalized
the distribution and use of medical marijuana. Revenue from the 2.9 percent state sales tax on
medical marijuana purchases in the county totaled $144,236 in April, the most recent month for
which sales tax figures are available, according to the Colorado Department of Revenue. That's a
7.1 percent decrease from the month before and an 18.9 percent decline from the year's peak
revenue in February (Schmelzer). Part of the decrease is due the legalization of recreational use
of marijuana. This may be an issue for taxes but since a red card is needed for medical use,
people seem hesitant to change their ways and are allowing their red card to expire before
switching to recreational; this means that medical marijuana will continue to be bought. This is a
positive situation for the government; Tax time means more money for the government which
means possible positive changes to the state. There are two sides to every story or in this case,
circumstance. According to the Catholic Church, drugs are no way to live and the use of them is
preposterous. As said by Pope John Paul II, Taking drugs is always illicit because it involves an

unjustified and irrational reductions of thinking, willing, and acting as free persons (Webb).
This statement made by the Pope begins a solid argument. His argument is difficult to disagree
with. Yes, substances such as marijuana are illegal in the majority of states currently and yes they
do cause impairment and some sort of high; there is no denying this in any way, shape, or form.
IN this case, the Pope is correct. Drugs change people, specifically they change the person
psychologically, where a person sometimes takes it for the stimulating thrill of it. Christians are
supposed to hold their bodies, which are temples of the Holy Spirit, to spiritual standards that
transcend the medical or social consensus (Webb). This is going completely against even the
medical use of marijuana. Christians believe that healing naturally is what God would want.
Catholics believe that natural healing is the only type of healing, both mentally and physically. A
Christian of Catholic backgrounds may ask, Well am I harming my body? Would God want me
to change my perspective on the world for a few hours by the use of marijuana? The argument
could go on for hours and hours, but lets look at some facts. Is the body truly being harmed, or
is it the fact that a presently legal aid or drug is being put in the body to change the actions of an
individual that is really bothering the Christian community?
Tobacco has deep roots in American history as a staple of the economy, and cigars,
rather than cigarettes, continue, in some circles, to be a cultural icon of sophistication (Webb).
Marijuana can be looked at in the negative light that it may or may not have had true American
history; but on the other hand it is a plant, it grows from the ground, so why is this not approved
by God? It not only grows from the ground but people are using this plant to take away their
painful medical circumstances. If there is so much for the aid of marijuana from Christians, why
are they okay with the consumption of alcohol? Why is alcohol morally right when, if taken
enough, can cause more damage than smoking marijuana for medical purpose? Christians do

have reason behind their beliefs which is discussed in Shaken not Smoked, The bible treats
alcohol as a positive good, a medicine that turns poisonous only when it is abused (Webb). If
Im not mistaken, isnt marijuana a type of medicine? This quote taken from Shaken not
smoked may be true, alcohol may be treated differently than cannabis due to the fact that
alcohol only causes negative affects after one too many drinks, whereas marijuana causes
impairment after only a few times. This may in fact be one of the major factors in the decision of
legalizing medical marijuana.
In fighting this argument, it is essential to realize that yes alcohol may be positive if
drank at a slow intimate pace. Marijuana is also positive because it is helping not only a body
heal physically, but also mentally. Many communities are starting to realize just how powerful
this aid really is in helping people from a medical standpoint. As views of marijuana have shifted
in recent years in favor of the plant, more people are learning that it is one of the most powerful
healing plants on earth (PR newswire). There are people out there who can vouch for the
healing component of medical marijuana and its use. There is no way around it, despite Christian
beliefs and views, marijuana is going to continue to become a more relevant part of the United
States. Ultimately, medical marijuana has its negatives just like alcohol, and when compared it
may surface that marijuana is much more powerful in terms of healing. The only argument that
Christians can bring to the table is the changes that this aid makes to the psych. There is nothing
wrong with wanting to feel, if only for a moment, that the weight of the world can be lightened
by levity (Webb.
In the discussion over legalizing the medical use of marijuana, a lot of considerations are
weighed out. Regardless of whether one state is legalizing it and one state is not, the controversy
continues to grow each day across the United Sates. It is important to focus on the facts, and that

is that the legalization of medical marijuana across the U.S. is gradually upon us. The positives to
the use and distribution are greater than the negatives. The use of marijuana for medical purposes
is growing and more developments are being made, the decrease in arrests after the legalization
will bring a brighter light to the community, and marijuana taxes will allow the improvement of
communities. Marijuana is presently known as a drug, but what people fail to realize is that this
is not just a drug, it is an aid in the healing of medical conditions. Legalizing this aid will bring
more positivity across America, it just needs to be done, sooner rather than later.

Works Cited
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PR, Newswire. "Julian Marley, Son Of Legendary Reggae Artist Bob Marley, Set To Promote
The Healing Effects Of Marijuana And Speak Out In Favor Of Decriminalizing Its Use." PR
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Ross, Winston. "The High Road." Newsweek Global 162.1 (2014): 80. MasterFILE Premier.
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Schmelzer, Elise. "County sees dip in medical pot sales taxes in early '14." Gazette, The
(Colorado Springs, CO) 04 July 2014: Business Source Premier. Web. 24 Nov. 2014.

Steinmetz, Katy. "Lawmakers Push Obama To Soften Marijuana Rules." Time.Com (2014): 1.
Business Source Elite. Web. 27 Oct. 2014.
The Associated, Press. "Medical Marijuana Brings In $8.6M In Taxes To LA." AP Regional State
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Webb, Stephen H. "Shaken Not Smoked." First Things: A Monthly Journal Of Religion & Public
Life 245 (2014): 19-21. Academic Search Complete. Web. 27 Oct. 2014.