Issue
To evaluate the applicability of the proposed marijuana farming bill, the current marihuana production legislation needs to be reviewed, and the changes in social norms regarding criminal behavior are to be analyzed.
Facts
In common perception, crime is an unlawful act punishable by authorities. According to the Oxford Dictionary of Law, a crime is “an act (or sometimes a failure to act) that is deemed by statute or by the common law to be a public wrong and is therefore punishable by the state in criminal proceedings” (Law, 2018, p. 278). Laws are defined by social norms and values, which reflect collective representations of acceptable group behavior (Law, 2018). These norms can dramatically vary across countries and change over time.
The behavior is considered deviant if it violates social norms. There are two types of deviant behavior: formal deviance and informal deviance (Sociology, 2021). Crime, which violates laws in society, is considered to be formal deviance, while informal deviance includes minor violations that break unwritten rules of social life (Sociology, 2021). For example, smoking in a non-designated place is a violation of a smoking law, punishable following its provisions. Smoking in the presence of a child is not a violation of law but is highly criticized and is considered to be a violation of social norms.
In the United States, the perceptions of deviant and criminal behavior have changed significantly over the last century, reflecting the changes in social norms. One of the most illustrative examples is the elimination of sodomy laws and the decriminalization of homosexuality. Sodomy laws, targeted at sexual acts between persons of the same sex and aimed to protect “public morals and decency,” were a part of the United States legislation up until the end of the 20th century (Chang, 2020). The liberalization of sexuality and recognition of LGBT rights led to their gradual elimination in most states. As social norms changed and society recognized the need to address gender-based discrimination and protect LGBT people, the laws have been updated accordingly.
Another example of behavior whose status changed from illegal to legal is assisted suicide. Historically, it has been considered a felony to aid, advise, or encourage another person to commit suicide (Collier, 2017). However, the problems encountered by patients and physicians faced with end-of-life care decision has gradually gained recognition in some states. Now, in five states across the United States, it is allowed for patients with terminal illnesses to end their lives with physician assistance (Collier, 2017). This practice reflects the changes in social values towards the reignition of patients’ autonomy in making decisions concerning their life and treatment.
Discussion
Historically, marijuana has been labeled as poison and prohibited from any use throughout the country. However, as its medical qualities have gained widespread recognition, some states started to implement policies that regulated and decriminalized cannabis. Over the last several years, 34 states have legalized marijuana for medical use, and 11 states and Washington D.C. have legalized its recreational use (Berke et al., 2021). On December 4, 2020, the House of Representatives voted to approve the Marihuana Opportunity Reinvestment and Expungement (MORE) Act (“H.R. 3884,” 2021). It includes provisions to legalize cannabis at the federal level, expunge cannabis offenders for non-violent offenders, and impose a federal tax on cannabis products (“H.R. 3884,” 2021). The changes in the legislation reflect the shift in the public attitude towards cannabis. According to recent polls conducted by Pew Research, 67% of Americans approve of legalizing marihuana for medical use (Berke et al., 2021). Overall, despite its complicated history, marijuana is now moving towards complete legalization, and the laws regulating its production should also be changed accordingly.
As of 2020, growing marijuana is permitted in several states. Washington has a comprehensive regulatory approach to marijuana with state-licensed producers, processors, and retailers (“Marijuana regulation in Washington State,” 2019). Licensing is regulated and enforced by the Washington State Liquor and Cannabis Board (“Marijuana regulation in Washington State,” 2019). Different jurisdictions within the state have different restrictions on production, and throughout the state, the sale and production of marijuana other than by a state-licensed retailer are considered criminal (“Marijuana regulation in Washington State,” 2019). Home growing is not allowed except for medical use.
In other states, there are no specific laws regulating marijuana production, and marijuana cultivation restrictions for individuals vary significantly depending on the state. For example, in Florida, there are no laws prohibiting cannabis cultivation, but growing marijuana is treated as criminal possession and punished accordingly (“State cultivation laws,” n.d.). In Oregon, marijuana is legal, and individuals are allowed to grow up to four plants at home (“State cultivation laws,” n.d.). In Arizona, it is considered a felony to cultivate any amount of marijuana (“State cultivation laws,” n.d.). Overall, although most the states have passed bills legalizing marijuana use, its production is still mostly illegal and is not regulated.
Conclusion
Overall, the current legislation regarding marijuana farming and production does not correspond with the recent trend of cannabis legalization across the country. Although most states have legalized marijuana for medical and (or) recreational use, growing is still prohibited both for businesses and individuals. The laws need to be renewed to reflect the changing social norms and address the issues faced by the market due to legalization. The example of Washington, D.C. demonstrates that effective laws can be developed, which regulate farming by licensure and application of relevant restrictions. Based on the analysis of the issue, it can be concluded that the Arizona marijuana farming bill is relevant and has the potential to be adopted.
References
Berke, J., Gal, S., & Lee, Y. J. (2021). All states where marijuana is legal — and 5 more voted to legalize it in November. Business Insider. Web.
Chang, S. (2020). The sex ratio and global sodomy law reform in the post-WWII era.Journal of Popular Economics. Web.
Collier, R. (2017). Assisted death gaining acceptance in US. Canadian Medical Association Journal, 189(3), E123. Web.
H.R. 3884 — 116th Congress: MORE Act of 2020.(2021). Govtrack. Web.
Law, J. (Ed.). (2018). Oxford dictionary of law (9th ed.). Oxford University Press.
Marijuana regulation in Washington State.(2019). MRSC. Web.
Sociology [PDF Document]. (2021). LibreTexts. Web.
State cultivation laws.(n.d.). Marijuana and the Law. Web.