LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS

Bautista, Rebecca Ivy dR.

Dela Peña, Isaac

Magboo, Jay Carlo

Ramos, Beverly

Realeza, Russel Liwanag

Sol, Gadriell Gem

 LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 2

Table of Contents

I. Introduction 3

II. Ethical Analysis 3

A. Utilitarianism 3

B. Rights 4

C. Kantian Approach 7

a. First Categorical Imperative 7

b. Second Categorical Imperative 7

D. Justice and Fairness 7

a. Distributive Justice 7

b. Retributive Justice 8

c. Compensatory 11

E. Ethics of Care 11

a. User-Doctor Relationship 12

b. User-Government Relationship 12

c. User-Family Relationship 12

d. User-Manufacturer Relationship 13

e. User-General Public Relationship 13

F. Virtue Ethics 14

III. Legal Aspects 19

A. Republic Act No. 9165 of 2002 19

IV. Conclusions 20

V. Reccomendations 21
 LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 3

VI. References 21

I. Introduction

Possession of cannabis, most commonly known as marijuana, is illegal in most countries.

It is one of the most abused substance in the country. In the Philippines, possession of Marijuana

is subject for penalties. Marijuana is known to cause heart and blood pressure, lung problems,

impaired mental functioning, headaches, dizziness, numbness, panic reactions, hallucinations,

flashbacks, depression and sexual problems.

Some countries have laws that allow the use of marijuana for medical purposes. Some

patients with fatal disease involving chronic pain or seizures are recommended to use marijuana,

whether it be smoked or ingested, to lessen physical pain. Usage of medical marijuana is

controlled through local dispensing shops by the government.

II. Ethical Analysis

A. Utilitarianism

To determine the ethical standpoint of marijuana legalization, utilitarianism approach

was used. The following includes the societal benefits and societal costs of legalizing

marijuana.

Societal Benefits Societal Costs

1. Availability of medical marijuana 1. It can lead to substance abused or

to those who suffer from health addiction.

conditions such as epilepsy, 2. Adverse effect on one’s health such

Crohn’s disease, etc. as developing respiratory diseases.

LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 4

2. Help the people in pain to not be in 3. Long-term heavy use can cause

pain. mild cognitive damage

3. Less stigma for marijuana 4. Impacts one’s decision making.

possession. 5. Impairments in learning to users.

4. Brings pleasure to users. 6. Increased risk of motor accidents

5. It will create a quality and safety 7. Users may experience mild

control in using marijuana. paranoia and panic reactions.

6. It helps to reduce prescription drugs 8. Lowers the productivity of the

use since it is already treatable by user.

marijuana. 9. Impairments of motor control and

7. It will dismantle the black market, reaction time.

resulting to better regulation of 10. Increase the consumption of

marijuana used. marijuana especially among youth.

8. Decrease in drug violence. 11. Making marijuana as getaway drug

9. It can drop marijuana-related court thus people using it is susceptible

cases. to try more harmful drugs.

10. Authorities can concentrate more 12. Overuse can lead to destroy

on serious crimes. person’s relationships and work.

11. Reduce government spending. 13. Increase in second hand smoke that

12. Enables the government to control can affect the environment.

the distribution of marijuana.

13. Increase of tax revenue from

marijuana market.
LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 5

14. Business opportunities.

15. Legalization of it would set

economic activity resulting to more

employment.

16. It can boost tourism.

17. The presence of marijuana retail

establishments may cause an

increase in property value

especially to residence closer to

dispensary.

B. Rights

On the Legalization of Marijuana, it is said that among adults age 18 and older are the

major users of Marijuana. On Rights it defines the action of policy moral acceptable if it

promotes, advances or respects human rights. If an action or policy suppresses, tramples or

disregard’s human rights, then it is morally unacceptable. If we were to base the Legalization of

Marijuana on this definition of rights, It is either morally acceptable and morally unacceptable.

First, it is morally acceptable if it is used for medical purposes, or so to heal or prevent chronic

pain, muscle spasms, it doesn’t harm lung capacity, unlike smoking, smokers lost lung function

over time, but marijuana users showed increase in lung capacity.

It also helps control epileptic seizures which cannabidiol, another marijuana compound,

seems to help people with treatment of epilepsy. Cannabidiol or CBD also stops cancer from

spreading, in many cell parts. It alleviates pain, reduces inflammation, and promotes sleep which
LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 6

may help relieve pain and discomfort. There are many more positive effects, but with Marijuana,

all of these can be used for medical purposes and that means it promotes good health and

respects human rights, which is moral.

Let’s say it could be immoral, here are the explanations to why it is immoral, and it

violates human rights. Legalizing marijuana would hurt only children and society as a whole.

Crime increased because of marijuana causing to get high and getting delusional, wherein in a

not well being state. Too much marijuana indoors with family can result in cancer, But, on the

other side, marijuana also prevents cancer, because of the compound, cannabidiol or CBD.

Marijuana can also lead to negative consequences, It can seriously affect a person’s sense of time

and coordination.

It results to both short-term and long-term effects. First of all, short-term memory

problems, it can cause very strange behavior, seeing and hearing or smelling things that are not

present in the real world. Not being able to tell what is real and what is imaginary. Causing

panic, hallucinations, loss of sense of personal identity, it also increases heart rate or the risk of

heart attack, increased risk of stroke and many more short-term effects.

Long-term effects will be the decline in IQ, poor school performance when children or

adolescents are involved in using marijuana, relationship problems, intimate partner violence,

which causes physical and verbal abuse to wife or husbands, in which it disregards human rights.

Therefore, the Legalization of Marijuana for me if it is based on the Universal Ethical

Principle, Rights or Human Rights. Usage of Marijuana should depend on the person’s usage of

not being addicted, and only using it for the greater good for health and medical purposes. Then

it is moral by looking at the definition of rights.

LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 7

C. Kantian Approach

a. First Categorical Imperative

Legalization of marijuana can be good for everybody. It will make the substance readily

available for people that needs to use it for medical purposes. Regulation of the substance will

also create a safer environment for people who wishes to use it for recreation. Legalizing it may

lessen the stigma about marijuana thus making it less intriguing for some people.

b. Second Categorical Imperative

It passes the second categorical imperative. Possession of marijuana is illegal in most

countries. Illegal transactions for possession and usage of marijuana creates a relationship

between Users and Pushers mandated by a bigger organization. This relationship gives the

bigger organization and Pushers to use the User’s probable addiction to have more money.

Legalization of marijuana will create regulation and control over the substance. It will create

a legal and safe purchasing process for the product thus making the User-Pusher Relationship.

D. Justice and Fairness

To determine the legalization of marijuana in terms of it being just and fair, it must undergo

the three tenants of Justice and Fairness. The analysis of each is discussed below.

a. Distributive Justice

Up to this day, legalization and personal medical use of marijuana is still under decision

and debate for it still lacks research, accepted safety and medical supervision especially here

in the Philippines. In spite of that, in present there are 28 states that already legalized marijuana

such as New Jersey and California.

LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 8

These states have implemented legislation which allows marijuana to be regulated like

alcohol, with its purchase and possession limited to individuals over 21 years of age.

Restrictions are also set to control where marijuana can be smoked, with public spaces and

schools being prohibited. Whether or not it is decided to legalize marijuana, it is evident that

historical methods are no longer effective in combating it. It also appears highly inefficient and

unjust to imprison such a large number of individuals for a crime as simple as possession,

which does nothing but raise costs for the taxpayer (Ty, 2016).

In this case, the question of distributive justice lies between the fair and just distribution

of benefits and burdens to the society. Are there equal distribution of rights in the acquisition

of the drug and equal arrest of users? The restrictions set by the state cannot generalize the

whole society for each person doesn’t have the same needs, in terms of dosage and in terms of

the age. So in this case, it will fail the just distribution of rights in acquiring the drug. For

instance, the government only permits persons aged 21 and above, what if the person needing

the medical marijuana is under the age requirement and his dosage needed exceeds the required

like the patients who suffers from epilepsy, there is a challenging part in addressing this kind

of circumstances. Fair distribution of privilege can also be hard to achieve. In this part,

distributive justice will fail in the legalization of it.

In the current situation of legalization of marijuana in the Philippines, Rodolfo T.

Albano II have proposed a bill on legalizing the use of marijuana as a medicine and not for

recreational purposes called the House Bill 108, and had been approved by the Philippines

House Committee on Health. If adopted, the centers will be allowed to dispense cannabis to

qualified patients or caregivers through a pharmacist (Luci, 2017). However, the government

aims to achieve a fair balance in the national drug control program so the people with the
LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 9

legitimate need of the drug will not be prevented from using it. If the balance of fair distribution

of privilege to the drug and prohibition is achieved then it will pass the distributive justice.

However, in the case of legalization in the Philippines, the decision of it is still under research

and thus distributive justice cannot be decided yet.

On the other hand, the legalization would benefit the public and the government equally

in terms of the financial aspect, for prohibition of marijuana is very costly, unfair and

unsuccessful (Scotti, 2017). In New Jersey, the government arrests more than 22,000 people

every year for the possession of the drug costing the taxpayers more than $125 million.

According to Ty (2016) the current system in the marijuana prohibition is biased that only cost

the government and the taxpayers millions while preventing what could be potentially

lifesaving and can contribute much on the field of medicine. And that both studies agreed to

use these money wasted in the prohibition of the said drug to more research about the medical

use of marijuana and to spend on projects that would support families and communities, and

lessen the continuously growing incarnated population that burdens both societies and

government. In this sense, legalization would pass the distributive justice. The Philippines also

adhere to this benefit and burden for millions are being imposed on financing the increasing

incarnated population in the country.

b. Retributive Justice

In the aspect of Retributive Justice, many researches have argued about the unjust

imposition of punishments and penalties given to those who possess marijuana illegally.

Reverend Charles Boyer, Pastor of Bethel A.M.E. Church in Woodbury argued that the

approach to legalization of the said drug should be viewed in a moral perspective. He added
LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 10

that he had viewed how disproportionately the punishments of drug conviction is to his

community even though all communities had used marijuana at similar rates, and thus have a

long term consequences on the convicted for it can affect the person’s employment, housing,

loans, or even driver’s license. He stands that marijuana policies are a failure. Katy Wright,

Executive Director of New Jersey Parents’ Causus, had also agreed on this claim, that the

imposition of punishment under the possession of marijuana can completely ruin the person’s

life and that the crime is just possession.

Moreover, in 2007, police in California made over 60,000 felony and misdemeanor arrests

on individuals possessing marijuana. The possession of marijuana would carry a fine of $500

or up to 20 years imprisonment in the US and would also have a criminal record that could

prohibit them from privileges as to schooling, housing, and employment. For instance, the case

of a patient needing a liver transplant from the Journal of Social Work Values and Ethics, the

patient cannot undergo transplant if he cannot assure housing for the next year. The best option

he has is to attain housing from the federally funded program which requires negative results

to three drug tests. He obtained a positive result to marijuana drug. He then was not granted of

the housing and the operation did not push through either. The punishment from the view of

fair judgment is not equal to the wrong done, and as the argument of Reverend Boyer and

Wright, is disproportionately with the crime done and the punishment.

Another unfair imposition of punishment is the racial discrimination where Black and

white Americans use marijuana at similar rates, but black people were 3.7 times more likely to

be arrested than white Americans for marijuana possession.

Thus, in the retributive justice the prohibition policies fail to comply with the just

imposition of punishments
LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 11

c. Compensatory Justice

In the aspect of compensation, people who are affected from the taxes imposed to them in

funding for the finances for the continuously growing incarnated population are not

compensated, thus legalization could be an answer to lessen the taxes imposed on people in

this increasing population.

Based from the above analysis, the legalization of marijuana would fail in the eyes of

justice and fairness, for the distributive justice fails to give equal distribution of benefits and

burdens to the society. While on the part of retributive justice, the current prohibition policies

fails to impose just punishments to the convicted users, the same goes with compensatory

justice where the taxes and finances lost in financing the increasing population on incarnated

population where not compensated.

E. Ethics of Care

a. User-Doctor Relationship

As an ethical analysis, patients have the right to know about the benefits and risks of

marijuana as a treatment option in his/her disease. Physicians also have the right to provide

competent medical care, with compassion and respect for human dignity and rights like the right

to use and make informed decisions about their medical care. Therefore, medical practitioners

should be able to recommend marijuana and present its risks and benefits when used as a treatment

or pain reliever. However, one of the principles of medical ethics is that, a physician shall respect

the law and recognize a responsibility to seek changes in those requirements which are contrary to
LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 12

the best interests of the patients and since marijuana is not yet legalize in most countries like the

Philippines, a violation in the law will be made if a physician does such action of recommending

marijuana as a treatment option in his / her patient. On the other hand, there are some cases and

researches that has backed up the issue that marijuana can be used as a medical treatment to

somehow reduce the pain for some conditions and illnesses like cancer. In this case, it is ethically

moral in the eyes of ethics of care for the physicians to offer all alternative treatments as the

patients are depending on the physicians on all other possible solutions and recommendations that

they can offer for their treatments.

b. User-Government Relationship

The federal law for most countries states primarily that the use of marijuana is illegal. The

relationship connecting a marijuana user and the federal does not show any dependency and

kindness, therefore, with the principles of ethics of care, it is immoral to legalize marijuana.

Marijuana legalization doesn’t have any accounts to secure the safety and protection of a marijuana

user, thus, making them more disposed to imprisonment. Also, some advocates believe the state

should not be involved in the distribution of substances that are considered unhealthy. They believe

it is the state’s job to protect each citizen's health and not contribute to exposing them to risky

items.

c. User-Family Relationship

The use of marijuana is knowingly illegal for almost all countries except for Uruguay and

recently, Canada. As for this, the use of marijuana can cause the user imprisonment and paying of

fine depending on the what the countries’ law states. For some instances, if a user is found guilty
LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 13

and is being searched by the authorities, cases like family member hiding the involved person from

the law is considered morally ethical by the principles of ethics of care. The person has a sense of

dependency on the related family member for safety or intended escape from the violation of the

law. The ethics of care considers giving extra consideration and it can affect the emotional

decisions even if it affects any law.

d. User-Manufacturer Relationship

Advocates believe that legalizing the drug would be a good thing because it forces

manufactures to meet regulation guidelines just like the manufactures of cigarettes and alcoholic

beverages. Currently legal drugs must have ingredients lists, warning labels and purity levels

clearly stated on the containers. It is ethically moral as the manufacturers of marijuana depends on

the legalization of marijuana to meet regulation guidelines where warning, ingredient, and purity

levels lists will be stated on the containers. Also, by providing a legal supply chain of the currently

illegal drug the prices will fall which would theoretically lead to the collapse of the current illegal

drug industry and lead to a reduction in crimes committed by those illegal organizations. It is also

an argument that there will be no change in the amount of demand for marijuana due to the

inelasticity of the demand.

e. User-General Public Relationship

The use of marijuana mainly has side effects for the user, dizziness, low blood pressure,

and even hallucinations can affect the user and the general public is one who is commonly affected.

People who use marijuana sometimes when in the state of “high” doesn’t know what they are doing

and with that they can do things that they cannot somehow control and remember. Considering the
LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 14

principle of kindness and dependency on the others of ethics of care, it is not ethically moral for a

person to use marijuana as he / she can do some actions that can affect the general public’s safety

and security. Most advocates are very concerned that the marijuana use will be dangerous to others

beside the user. The general public are worried that it will contribute to the rise in health costs,

create more violence that is always accompanied with drug use and most importantly contribute

to the neglect of children that is always seen in drug-addicted parents.

F. Virtue Ethics

First and foremost virtue ethics is a normative study that questions who or what is the

character of the doer of the action. This study helps distinguish if the doer has specific virtues or

vices. Examples of virtues that the doer could posses are honesty, courage, temperance, integrity,

compassion, and self control. According to Aristotle if the doer possesses these specific virtues

he or she is living his or her life at the middle or mean, in other words he or she is living his or

her life averagely. However if the doer possesses certain vices like dishonesty, ruthlessness,

greed, lack of integrity, cowardliness, the doer is distinguished by Aristotle as living his or her

life at the excess. Moreover if the doer is overly virtuous with dealing with life he or she is

categorized by Aristotle as living their life with inadequacy or scarcity.

The characters or doers to be analyzed with virtue ethics are the marijuana users, the

government, and the proponents who want to legalize the use of marijuana as medicinal and re

creational use.

Marijuana users and sellers

LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 15

Virtues Vices Lack or Exhibits

excess

Authenticity Low self Narcissism The

esteem excess marijuana users

exhibit authenticity

for co-marijuana

users by not telling

who is the seller of

their drugs.

Creativity ordinary Over creative The sellers as

excess well as users are very

creative with the way

they hand over these

drugs.

honor shame Very grateful The users

excess honor their word by

not snitching to the

authorities.

courage Fear Very gallant The sellers as

excess well as users are very

courageous to defy

the laws about using,

LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 16

possessing, and

selling marijuana.

cooperation defiance Very These people

symbiotic are very cooperative

excess with how they will

receive the marijuana

from the sellers.

This table concludes that the marijuana user's actions were moral because the specified

actions were all excess.

Government

Virtues Vices Lack or Exhibit

excess

Acceptance Denial, lack The

rejection Very government exhibits

exclusive denial or rejection of

marijuana here in the

Philippines due to the

president's campaign

about "war on drugs".

Compassion, Grief, lack The

caring, understanding judgment Very government is very

apathetic uncompassionate
LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 17

about the reasons

why marijuana is

used or sold here in

the Philippines.

Reliability, untrustworthy lack The

loyalty Very authorities are

deceitful sometimes not

reliable with stopping

marijuana because

they themselves

tolerate the selling

and buying of it in

order to have extra

income.

This table concludes that government's actions were immoral because the specified

actions were all lack.

proponents who want to legalize the use of marijuana

Virtues Vices Lack or Exhibits

Excess

Helpfulness, Negativity, Excess These people

graciousness ungracious are very helpful for

LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 18

the people who use

marijuana for

medical and business

purposes because

they are able to

utilize marijuana's

full potential to the

market and to the

economy.

Courage Fear, self- excess These people

doubt are very bold about

their campaigns

about legalization of

marijuana.

Considerate, selfishness excess These people

understanding are very caring for to

the people who need

marijuana as

medicinal and

business purpose

because they fight for

the legalization of it.

LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 19

III. Legal Aspects

A. Republic Act No. 9165 of 2002

Republic Act No. 9165 Article II Section 14 states that A person apprehended or arrested,

who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be

imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the

first offense, subject to the provisions of Article VIII of this Act. If apprehended using any

dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from

six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos

(P50,000.00) to Two hundred thousand pesos (P200,000.00):

IV. Conclusions

Medical marijuana speaks about the utilization and cultivation of marijuana for

therapeutic purposes. Medical marijuana is often used as a healing treatment for diseases like

epilepsy, cancer, and glaucoma. However, up to this day, its legalization and personal medical

use is still under decision and debate for it still lacks research, accepted safety and medical

supervision especially here in the Philippines.

As for this paper, the legalization of marijuana was analyzed through the six universal

principles. First, the Utilitarianism. Based from the analysis made, the societal benefits of

legalization of marijuana outweighed the societal cost, which only means that in the eyes of

utilitarianism, legalization of the said drug is moral. Second, it was analyzed through rights. In

the eyes of the usage of marijuana it can be moral or immoral. Moral in such a way that it is

used as a medical drug that promotes good health to human, and immoral in such a way that it

can already cause to consequences in the human health. Therefore the decision will depend on
LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 20

the person’s usage, and if used in a good way then it will be moral. Third, the Kantian approach,

based form the analysis it also passed to be legalized and thus is a moral act. Fourth, the justice

and fairness. Based from the analysis, the legalization of marijuana would fail in the eyes of

justice and fairness, for the distributive justice fails to give equal distribution of benefits and

burdens to the society. While on the part of retributive justice, the current prohibition policies

fails to impose just punishments to the convicted users, the same goes with compensatory

justice where the taxes and finances lost in financing the increasing population on incarnated

population where not compensated. Fifth, the ethics of care. From the analysis made from the

ethics of care, the act is also moral because there are more relationships that shows an action

of kindness and dependency on others. Lastly, the virtue ethics and from this made table of

analysis the act of legalization is also moral.

From all the six-analysis made, it only failed to pass in the eyes of Judgement and

Fairness, but in majority it can still be considered morally acceptable, suggesting that its

legalization is a moral act.

V. Recommendations

An extensive research about marijuana effects, whether be it medical or not, may be

beneficial to further the study. Legalization of marijuana will be successful through effective

controls for regulation of medical marijuana and effective punishment for illicit recreational use.

Punishment for recreational use if to protect those needing the drug for medical reasons.
LEGALIZATION OF MARIJUANA: AN ETHICAL ANALYSIS 21

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