Cannabis rights

Short description: Legal protections for marijuana consumers

A cannabis rights demonstration in 2014, part of the Global Marijuana March in Rio de Janeiro Part of a series on

Cannabis

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Effects

* Dependence
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Forms

* Bhang
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Regional

* Adult lifetime cannabis use by country
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* Uruguay
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Variants

* Autoflowering cannabis

* Genus

* Cannabis

* Species

* Cannabis sativa
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* Strains

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Related

* Drug culture
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* Cannabis portal
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Cannabis rights or marijuana rights (sometimes more specifically cannabis consumer rights or stoner rights) are individual civil rights[1] that vary by jurisdiction.[2] The rights of people who consume cannabis include the right to be free from employment discrimination and housing discrimination.[3][4][5]

Anti-cannabis laws include civil infractions and fines, imprisonment, and even the death penalty.[6]

## Contents

* 1 Legality
* 2 Social movement
* 3 American history
* 3.1 State vs. federal
* 3.2 Medical use
* 4 Indonesian history
* 5 Religious use
* 6 See also
* 7 Further reading
* 8 References

## Legality

Main article: Biology:Legality of cannabis

The use of cannabis for recreational purposes is prohibited in most countries. Many have adopted a policy of decriminalization to make simple possession a non-criminal offense (often similar to a minor traffic violation). Others have much more severe penalties such as some Asian and Middle Eastern countries where possession of even small amounts is punished by imprisonment for several years.[7]

## Social movement

The movement around cannabis laws and rights has been growing since as early as the 1960s. Multiple organizations both for and against cannabis usage have been created and merged over the past 60 years as the country has changed and perception of marijuana rights has changed. One pro-marijuana group is NORML (The National Organization for the Reform of Marijuana Laws).[8][9] The conversation about cannabis rights has shifted from picket signs declaring "Pot is fun," to being about health and social justice.[9][10] It's been noted that African-American communities may be suffering the most from the continued prohibition of cannabis, although consumption rates are approximately the same as white citizens. Arrests for African-Americans are 3.73 times higher in comparison.[11] Activists hope to see those numbers decrease with gained rights.

## American history

Until the 20th century, there were no prohibitions in the U.S. against growing and consuming cannabis.[2] By the mid-20th century, possession of marijuana was a crime in every U.S. state (and most other countries). In 1996, the passing of Proposition 215 by California voters restored limited rights for medical cannabis patients in the state. Other states and countries have since joined California in guarding rights of cannabis consumers.[12]

In the United States, much is unclear about cannabis rights because despite state laws, cannabis remains federally illegal. Consequently, cannabis consumers do not belong to a protected class. Courts will address the issues surrounding housing and employment law, and disability discrimination.[3][4]

### State vs. federal

As of 2019 in the United States, eleven states and the District of Columbia have legalized medical and recreational cannabis, with 25 more states decriminalizing the drug.[13] Fourteen state and federal laws still classifies cannabis as illegal, placing cannabis as a "Schedule 1" drug. Being federally illegal, profits cannot be handled through federally-insured banks (including checks or deposits), so cannabis retailers are forced to use cash or remain vague about business practices.[14][15]

### Medical use

Main article: Medicine:Medical cannabis

In the United States, the use of cannabis for medical purposes is legal in 33 states, four (out of five) permanently inhabited U.S. territories, and the District of Columbia.[11] An additional 14 states have more restrictive laws allowing the use of low-THC products.[11] Cannabis remains illegal at the federal level by way of the Controlled Substances Act, under which cannabis is classified as a Schedule I drug with a high potential for abuse and no accepted medical use. In December 2014, the Rohrabacher–Farr amendment was signed into law, prohibiting the Justice Department from prosecuting individuals acting in accordance with state medical cannabis laws.

An international argument for medical usage includes the right to health, as guaranteed by the International Covenant on Economic, Social, and Cultural Rights. What determines "health" or "healthy" is disputed between individuals and governmental bodies.[16]

## Indonesian history

There were around two million cannabis users in Indonesia in 2014, reported by the National Anti-Narcotics Agency (Badan Narkotika Nasional - BNN). This makes cannabis the most popular drug in Indonesia followed by amphetamine-type stimulants (ATS) such as methamphetamine (shabu) and ecstasy.[17] Most of the cannabis is distributed by the western province of Indonesia called Aceh.[18] 37,923 people were imprisoned because of cannabis between 2009 and 2012. Twenty-six people were imprisoned, on average, each day.[19] Because cannabis is the most common drug, consuming of cannabis goes up to 66 percent than other drugs in the country. The death penalty is given to the people who grow cannabis, or a minimum fine of $550,000, based on the National Anti-Narcoticts (BNN) law.[20]

## Religious use

Main article: Chemistry:Cannabis and religion

Different religions have varying stances on the use of cannabis, historically and in modern times. In ancient history, cannabis, cannabis was used as an entheogen, particularly in the Indian subcontinent where the tradition continues in certain rituals. In the contemporary era, Rastafari communities often use cannabis as a sacred herb; for example, in Antigua, Rastafarians have legally gained the right to cultivate and ritually smoke cannabis as part of their spiritual practice. In the modern era Rastafari use cannabis as a sacred herb. Meanwhile, religions with prohibitions against intoxicants, such as Islam, Buddhism, Bahai, Latter-day Saints (Mormons), and others have opposed the use of cannabis by members, or in some cases opposed the liberalization of cannabis laws. Other groups, such as some Protestant and Jewish factions, have supported the use of medicinal cannabis. Other faiths—including Islam, Buddhism, the Baháʼí Faith, and the Church of Jesus Christ of Latter‑day Saints—formally prohibit its use. Meanwhile, some Protestant and Jewish groups support cannabis for medical purposes.[21]

## See also

* Civil and political rights
* Civil liberties
* Cognitive liberty
* Consumer protection
* Drug liberalization
* Drug policy
* Freedom from discrimination
* Legalization
* List of cannabis rights leaders
* List of cannabis rights organizations

## Further reading

* Anders, Melissa (March 1, 2012). "Medical marijuana groups urge Michigan lawmakers to protect patient rights ". MLive.
* Caiuby Labate, Beatriz, and Cavnar, Clancy (2014), "Prohibition, Religious Freedom, and Human Rights: Regulating Traditional Drug Use", Springer Publishing
* Edwards Staggs, Brooke (February 15, 2017). "Coalition aims to protect cannabis consumers from random drug tests at work". The Cannifornian.
* Gatenio Gabel, Shirley (2016). "A Rights-Based Approach to Social Policy Analysis: Evil or Miracle Drug? Who Decides and How?", pp. 60–61. Springer Publishing
* Liquori, Francesca (February 18, 2016). "The Effects of Marijuana Legalization on Employment Law". NAGTRI Journal, Volume 1, Number 2.

## References

1. ↑ Membis, Liane (July 7, 2010). "Legalizing marijuana is civil rights issue, California NAACP says". CNN. http://www.cnn.com/2010/POLITICS/07/07/naacp.marijuana.support/index.html.
2. ↑ 2.0 2.1 Gatenio Gabel, Shirley (2016). A Rights-Based Approach to Social Policy Analysis: Evil or Miracle Drug? Who Decides and How?. Springer. ISBN 9783319244129. https://books.google.com/books?id=Rp_WCwAAQBAJ&q=cannabis+rights+groups&pg=PA60. Retrieved April 20, 2023.
3. ↑ 3.0 3.1 Liquori, Francesca (February 18, 2016). "The Effects of Marijuana Legalization on Employment Law". National Association of Attorneys General. http://www.naag.org/publications/nagtri-journal/volume-1-number-2/the-effects-of-marijuana-legalization-on-employment-law.php.
4. ↑ 4.0 4.1 Nikolewski, Rob (November 24, 2016). "Can your landlord 'just say no' to marijuana now that Prop 64 passed?". The San Diego Union-Tribune. http://www.sandiegouniontribune.com/business/real-estate/sd-fi-prop64-landlords-20161116-story.html.
5. ↑ Edwards Staggs, Brooke (February 15, 2017). "Coalition aims to protect cannabis consumers from random drug tests at work". The Cannifornian. http://www.thecannifornian.com/cannabis-business/coalition-aims-protect-cannabis-consumers-random-drug-tests-work/.
6. ↑ Meehan, Maureen (January 26, 2017). "Man Given Death Sentence for Selling Weed". High Times. http://hightimes.com/news/man-given-death-sentence-for-selling-weed/.
7. ↑ Powell, Burgess (24 February 2018). "The 7 Countries With The Strictest Weed Laws". High Times. https://hightimes.com/guides/countries-strictest-weed-laws/.
8. ↑ "National Organization for the Reform of Marijuana Laws - NORML - Working to Reform Marijuana Laws". https://norml.org/.
9. ↑ 9.0 9.1 Davis, Joshua (November 6, 2014). "The Long Marijuana-Rights Movement". https://www.huffpost.com/entry/the-long-marijuana-rights_b_6113894.
10. ↑ Gabriel, Trip (2019-03-17). "Legalizing Marijuana, With a Focus on Social Justice, Unites 2020 Democrats" (in en-US). The New York Times. ISSN 0362-4331. https://www.nytimes.com/2019/03/17/us/politics/marijuana-legalize-democrats.html.
11. ↑ "Report: The War on Marijuana in Black and White" (in en). https://www.aclu.org/report/report-war-marijuana-black-and-white.
12. ↑ Clark Davis, Joshua (November 6, 2014). "The Long Marijuana-Rights Movement". The Huffington Post. http://www.huffingtonpost.com/entry/the-long-marijuana-rights_b_6113894.html.
13. ↑ "Map of Marijuana Legality by State" (in en). 2019-04-01. https://disa.com/map-of-marijuana-legality-by-state.
14. ↑ "Why marijuana retailers can't use banks". The Economist. 2018-01-22. ISSN 0013-0613. https://www.economist.com/the-economist-explains/2018/01/22/why-marijuana-retailers-cant-use-banks.
15. ↑ Joffe-Walt, Chana (November 16, 2012). "It's Legal To Sell Marijuana In Washington. But Try Telling That To A Bank." (in en). https://www.npr.org/sections/money/2012/11/16/165245222/its-legal-to-sell-marijuana-in-washington-but-try-telling-that-to-a-bank.
16. ↑ Bone, Melissa; Seddon, Toby (2016-01-01). "Human rights, public health and medicinal cannabis use". Critical Public Health 26 (1): 51–61. doi:10.1080/09581596.2015.1038218. ISSN 0958-1596. PMID 26692654.
17. ↑ "LAPORAN AKHIR SURVEI NASIONAL PERKEMBANGAN PENYALAHGUNA NARKOBA TAHUN ANGGARAN 2014" (in id-ID). https://bnn.go.id/blog/siaranpers/laporan-akhir-survei-nasional-perkembangan-penyalahguna-narkoba-tahun-anggaran-2014/.
18. ↑ Beschouwingen over het Indische muntstelsel, naar aanleiding van de brochure van den heer Mr. C.W. Mees, over het muntstelsel van Nederlandsch Indie, en het oordeel daarover in het Algemeen Handelsblad en de Nieuwe Rotterdamsche Courant. doi:10.1163/2214-8264_dutchpamphlets-kb3-kb33619.
19. ↑ "eBook Sabk Edisi 1 - Feb 2014" (in en). https://id.scribd.com/doc/230918755/eBook-Sabk-Edisi-1-Feb-2014.
20. ↑ "English Version of the Indonesian Narcotics Law" (in en). https://idpc.net/publications/2009/11/indonesia-narcotics-law-september-2009-english.
21. ↑ https://myfloridagreen.com/ [bare URL]

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Cannabis plant

* Outline of cannabis
* Recreational and medical applications
* Industrial applications

General|

* Autoflowering cannabis
* Cannabis
* indica
* ruderalis
* sativa
* Difference between C. indica and C. sativa
* Consumption
* Cultivation
* Etymology (cannabis, dagga, ganja, ma, marijuana)
* Glossary
* Cannabis strains
* Synthetic cannabis

Usage|

| General|

* Medical cannabis
* Cannabis product testing
* History
* In the US
* Medical cannabis card
* Research

* Timeline
* Religious and spiritual use
* Chalice
* Occupational health concerns of cannabis use

|

Hemp|

* Hanfparade
* List of hemp diseases
* List of hemp products
* hempcrete
* jewelry
* milk
* oil
* paper
* rolling paper
* List of hemp varieties
* Hemp for Victory
* Hemp Industries Association
* The Emperor Wears No Clothes

Variants|

* Cannabis edible
* Bhang
* Cannabis tea
* Cannabis smoking
* Vaporizing

* Cannabis concentrate
* Essential oil
* Charas
* Hash oil
* Hashish
* Kief
* Tincture

* Phytocannabinoids
* Cannabidiol (CBD)
* Tetrahydrocannabinol (THC)

Effects|

* Amotivational syndrome
* Cannabis in pregnancy
* Cannabis use disorder (CUD)
* Cannabinoid hyperemesis syndrome (CHS)
* Entourage effect
* Endocannabinoid system
* Impaired driving
* Time perception
* Long-term

Culture|

* 420
* Budtender
* Cannabis Culture
* Cannabis Social Club
* Competitions
* Films (Stoner film)
* High Times
* Music
* Religion
* Head shop
* KBUD-AM (defunct)
* Operation Overgrow
* Stoner TV

Pro-cannabis
organizations|

* ACT
* ALCP
* AMMA
* ASA
* CBN
* CCRMG
* CLEAR
* CRC
* DFCR
* DPA
* FAAAT
* FCA
* GMM
* LEAP
* MAPS
* MPP
* NCIA
* NORML
* SAFER
* SCC
* SSDP
* VMCA

Use demographics|

* Adult lifetime use by country
* Annual use by country

Politics|

| General|

* Bootleggers and Baptists
* Drug testing
* Cannabis rights
* Capital punishment for cannabis trafficking
* Effects of legalized cannabis
* Global Marijuana March
* Legality of cannabis
* Legal history in the United States
* Marijuana Anonymous (MA)
* Marijuana Control, Regulation, and Education Act
* Marihuana Tax Act of 1937

|

Major legal
reforms|

* Canada: 2018 Cannabis Act
* UK: Return to class B
* Uruguay: Law No. 19172
* US:
* Decriminalization of non-medical use
* Rescheduling per the Controlled Substances Act
* Hemp Farming Act of 2018

Politicians
and parties|

* Cannabis political parties
* List of British politicians who have acknowledged cannabis use
* List of American politicians who have acknowledged cannabis use

Legal cases|

* Ker v. California (1963)
* Leary v. United States (1969)
* Gonzales v. Raich (2005)
* Kyllo v. United States (2001)
* ADPF 187 (2011)

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Substantive human rights

Please note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights

Civil and political|

* Cannabis rights
* Equality before the law
* Freedom from arbitrary arrest and detention
* Freedom of assembly
* Freedom of association
* Freedom from cruel and unusual punishment
* Freedom from discrimination
* Freedom from exile
* Freedom of information
* Freedom of movement
* Freedom of religion
* Freedom from slavery
* Freedom of speech
* Freedom of thought
* Freedom from torture
* Legal aid
* Liberty
* LGBT rights
* Nationality
* Personhood
* Presumption of innocence
* Right of asylum
* Right to die
* Right to a fair trial
* Right to family life
* Right to keep and bear arms
* Right to life
* Right to petition
* Right to privacy
* Right to protest
* Right to refuse medical treatment
* Right of self-defense
* Security of person
* Universal suffrage

Economic, social
and cultural

* Digital rights
* Equal pay for equal work
* Fair remuneration
* Labor rights
* Right to an adequate standard of living
* Right to clothing
* Right to development
* Right to education
* Right to food
* Right to health
* Right to housing
* Right to Internet access
* Right to property
* Right to public participation
* Right of reply
* Right of return
* Right to science and culture
* Right to social security
* Right to water
* Right to work
* Trade union membership

Sexual and
reproductive|

* Abortion
* Family planning
* Freedom from involuntary female genital mutilation
* Intersex human rights
* LGBT rights
* Reproductive health
* Right to sexuality

Violations|

* Corporal punishment

War and conflict|

* Civilian
* Combatant
* Freedom from genocide
* Prisoner of war
* Wartime sexual violence

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