Law students: treat cannabis as public health issue, not criminal one

In a research paper arguing in favour of giving serious consideration to legalising cannabis, ELSA argued that the government can set up a “sharing economy” until the legal market is established for the “limbo period” in between the passing of legislation and its implementation, based on California’s legalisation of recreational marijuana.

This would allow for recreational cannabis users to share the drug with others of legal age as long as no transfer of money or goods is exchanged for it. Once the legal market is established, the “sharing economy” policy could be dropped as users would have a safe supply of cannabis from dispensaries, argues the association.

The public would benefit from an education campaign about “the true medical effects of the substance, both with regard to benefits and to any and all possible side effects,” as well as the proper method of use, a method adopted by the California Department of Public Health. 

“What should be emphasised in these educational campaigns are the risks and safeties of using the substance, especially relative to the age of the users.” Prolonged use under the age of 20 has been linked with cognitive impairment, the study warns, and legalising cannabis without also educating the public “runs the risk of appearing as though the substance can be used openly with no repercussions.” 

Marijuana sold legally must be tested for purity, ELSA said. Post legalisation, persons of legal age should be able to bring any cannabis in their possession up to the legal amount allowed for personal use by the legislation, and have it tested for purity.

If the marijuana is found to be impure at a potentially toxic level, it would constitute a reason for a compulsory buy-back by the State so as to remove the strain from circulation, reads the research paper.

This service would then be phased out with the introduction of the legal market as dispensaries would have to abide by industry standards. 

Among the association’s bolder proposals is the suggestion that the government should “look at and consider the possibility of subletting unused fields to the marijuana industry, should marijuana be legalised.” 

The proposed legislation would also allow for those users who had been found guilty of marijuana-related charges, not considered to be offences under the new law, to have the convictions expunged from their police conduct certificate. 

“While it is accepted that there shouldn’t be retroactivity in criminal law, implementing such a policy would greatly improve the chances of those persons who were previously incarcerated to re-establish themselves as productive members of society,” by re-entering the labour market, said ELSA.