The Failure of the 18th Amendment and its Relation to the State-Split Debate on the Legalization of Marijuana

Pages:

7

Academic Level:

University

Paper Type:

Argumentative Essay

Discipline:

Political Science

Paper detalis:

I would like at least a 5-page essay with 7 sources about the failure of amendment 18 and how it relates in many ways to the state-split issue of marijuana legalization. After explaining why amendment 18 was such a failed amendment. Make an argument that several of the issues found in the 18 amendment (ie. mass crime, no ability to sin tax, and less safe bc of no regulation) are similar to today's issue of marijuana legalization.

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The Failure of the 18^th Amendment and its Relation to the State-Split Debate on the Legalization of Marijuana

Introduction

The failure of amendment 18 relates in many ways to the State-split on the debate of legalization of marijuana in the U.S. During the prohibition era, there was an increase in organized crime, smuggling, rum-running, and an increase in illicit beers. There are numerous issues caused by the banning of alcohol in the U.S that are evident in the modern-day prohibition of marijuana. Research indicates that black markets involved with the two products are associated with increased organized crime, violence, and reduced public safety. The is a state split on perceptions of the legalization of marijuana. Issues arising from banning liquor through the 18^th Amendment can inform the decision on whether to legalize marijuana. This paper hypothesizes that numerous issues found in the 18^th Amendment, including mass crime, lack of ability to tax illegally sold liquor, and public safety issues due to lack of regulation, are similar to the issues faced today concerning the prohibition of marijuana.

The 18^th Amendment and its failures

The 18^th Amendment prohibited the transportation, selling, and manufacturing of intoxicating alcoholic substances across the U.S from 1920 to 1933 (Cornell University, 1). Congress proposal was introduced on December 18^th, 1917, and ratified by 1919 by several states. It was enforced one year after ratification. However, it was appealed by 21^st Amendment in December 1933 in D.C., and sections I and II were repealed by August 1935 (NCC, 1).

Before the dawn of the prohibition era, Saloons across the U.S were synonymous with severe societal challenges, including drugs, drunkenness, prostitution, gambling, and corruption. A country undergoing rapid urbanization and industrialization was also plagued with various incendiaries due to the loathing of Saloon culture. In addition, political players used them to buy votes and inducements.

According to NCC, The Dry movement constituted a coalition of groups fighting liquor and promoting sacred causes led by Wayne Wheeler. They include suffragettes, religious groups, Carry Nation, and Temperance Union (NCC, 1). The temperance movement, such as Woman's Christian Temperance Union (WCTU) and Anti-Saloon League (ASL), set the stage for the prohibition amendment to eliminate inequities in Saloons. They held that a ban on the manufacture and sale of alcoholic beverages and intoxicating liquors in the country would facilitate societal challenges like poverty, crime, and corruption, improve hygiene and health, and reduce the tax burden. Prohibition received more support in rural America and minor support in Cities.

However, the results of the Amendment reflect pure failure. Political and social lessons can be drawn from the aftermath of prohibition and can be used to inform current debates, such as the legalization of marijuana. The lessons apply to the war on drugs, trading, and gambling censorship. Evidence indicates that manipulating the market and production to attain social ends is a recipe for disastrous outcomes.

The Amendment failed to outlaw the consumption of intoxicating liquors across the country. Shortly after ratification, Congress passed Volstead Act to enforce the prohibition. The Act classified beer, liquor, and wine as intoxicating liquors. However, there was a flaw in Volstead Act. It failed to ban consumption, and people could still drink if they accessed alcohol. Although there was a significant decline in the consumption of intoxicating liquor across the country, it was only caused by a ban on manufacturing, sale, and transportation. Enforcing this Amendment proved to be very difficult in American cities. There was a rise in alcohol smuggling, rum-running, and an increase in illicit beers. Public sentiment targeted increased in the later years of prohibition until President Franklin D. Roosevelt called for the repeal of the Amendment (BRI, 1).

Criminal bootleggers such as Al Capone amassed unprecedented wealth from the proceeds of smuggling and production of illegal intoxicating liquor. According to historians, the failure to enforce the Act was not due to insufficient Federal apparatus. Where authorities were determined to act, the probation was effective. However, enforcement seemed to be an in-built class bias targeting the poor, marginalized immigrants and the working class in the South and Midwestern regions (Moss, 1).

Most people, especially in cities, wanted to continue drinking, policing, and enforcing Volstead Act was full of bias, contradictions, and corruption, and consumption was not banned. In addition, the Great Depression from 1929 meant that the Federal government urgently required taxes, and liquor was a significant source of this category of government income. Regardless, the prohibition era is associated with numerous changes in drinking culture. Old-style saloons were replaced by home-based drinking, and drinking among women increased. There was significant regulation of alcohol. Drinking returned to the pre-prohibition era, but the culture and habits were adjusted.

Debate on the Legalization of Marijuana and Lessons from the Liquor Prohibition era

The agendas surrounding the prohibition of liquor and marijuana are almost similar. Liquor prohibition was a failed experiment on moral governance (Neklason, 1). The Dry groups pushing for the Amendment wanted to enshrine moral decree and virtues into American life through the constitution. Prohibition increased arrests and sentencing of Americans due to alcohol-related cases (BRI, 1). Such laws have the potential to make a country more corrupt and dangerous. The failure of amendment 18 and how it relates in many ways to the state-split issue of marijuana.

Legal debates are split between ethical/moral lines, health concerns, and safety issues. Research shows public health concerns about legalizing recreational marijuana (Zvonarev, Fatuki, and Tregubenko, 5806). It impacts traffic safety, behavior, tax revenues, financial outcomes, public health, and criminal justice expenditures. There are mixed reactions in different states to the legalization of Cannabis. In recent polls, five states, including Missouri and Maryland, voted for the legalization of recreational Cannabis, while states like North Dakota, Arkansas, and South Dakota rejected this motive (Sykes, 1).

Pro-amendment on the marijuana issue argues that there is numerous misinformation and a lack of adequate empirical evidence to criminalize Cannabis. A study aimed to evaluate the critical impacts of marijuana legalization. It shows that legalization is associated with a reduction in police arrests and criminal court cases (Farley and Orchowsky, 1). After legalization, however, the report indicates an increase in drug use among youths, an increase in driving while drugged, and an influx of people from other states/towns. According to Zhang (1), pro-amendments also view legalization as an opportunity to increase business licensure for micro businesses.

The Controlled Substances Act of 1972 placed marijuana among schedule 1 substances and banned the cultivation, possession, and distribution of Cannabis. Before this Act, there was heavy taxation using the Marijuana Taxation Act (MTA). Later, criminal laws against marijuana were created at the state level. However, currently, most states have reversed criminal sanctions on the drug. Federal legislators are leveraging state repeals in reform efforts of legalization at the federal level. California allowed medical utilization of the drug in 1996 (Burns, 1). Washington and Colorado allowed the recreational use of marijuana in 2012.

Repealing the prohibition of marijuana for recreational and medicinal use will not automatically be implemented throughout all the states. Just like the challenges faced during the repeal of alcohol prohibition in1933, some states are expected to be reluctant to legalize marijuana. For instance, Mississippi remained a dry state for 33 years after the repeal of the 18^th Amendment, and almost half of local jurisdictions continue with a ban on liquor sales today. In addition, the doctrine of preemption protects state legislatures from being forced to enact identical federal laws (Burns, 1). Therefore, it is likely that marijuana possession, manufacture, growth, and distribution will remain illegal in some states.

In the U.S, African Americans are 3.6 times more likely to be searched and arrested for possession of Cannabis than Non-Hispanic Whites (Sheehan, Grucza and Plunk, 213435). The disparity is evidence of racial profiling and has been increasing over the years. Similar to the alcohol prohibition era, the crackdown was focused more on marginalized populations in the southern region, while wealthy and corrupt politicians would get away with breaking the ban. Legalization can reduce racial injustices in America.

Conclusion

In conclusion, Amendment 18 was a failed experiment. Several of the issues found in the 18^th Amendment, including mass crime, no ability to collect tax, and less safe because of lack of regulation, are similar to today's issues facing the criminalization of marijuana. However, the proponents of the legalization of Cannabis argue that it can create jobs, generate tax and revenue, stop racial disparities in enforcement, and free up criminal justice resources often overstretched by marijuana-related cases.

 

 

 

 

 

 

 

 

 

 

 

 

Works Cited

BRI. Was Prohibition a Success or a Failure? 2022. https://billofrightsinstitute.org/activities/was-prohibition-a-success-or-a-failure. 16 11 2022.

Burns, Emily. Cannabis Prohibition is About to End. Does History Have to Repeat Itself? 17 3 2021. https://greenlightlawgroup.com/blog/cannabis-prohibition-is-about-to-end-does-history-have-to-repeat-itself. 16 11 2022.

Cornell University. 18th Amendment. 2022. https://www.law.cornell.edu/constitution/amendmentxviii. 16 11 2022.

Farley, Erin J., and Stan Orchowsky. Measuring the Criminal Justice System Impacts of Marijuana Legalization and Decriminalization Using State Data. 1 7 2019. https://www.ojp.gov/ncjrs/virtual-library/abstracts/measuring-criminal-justice-system-impacts-marijuana-legalization-0. 16 11 2022.

Moss, Stephen. Why didn't prohibition work? You asked Google – here's the answer. 1 12 2017. https://www.theguardian.com/commentisfree/2016/mar/30/prohibition-google-autocomplete. 2022 11 16.

NCC. Happy birthday to the 18th Amendment! 16 1 2022. https://constitutioncenter.org/blog/happy-birthday-kind-of-to-the-18th-amendment. 16 11 2022.

Neklason, Annika. Prohibition Was a Failed Experiment in Moral Governance. 16 1 2020. https://www.theatlantic.com/ideas/archive/2020/01/prohibition-was-failed-experiment-moral-governance/604972/. 16 11 2022.

Sheehan, Brynn E., Richard A. Grucza and Andrew D. Plunk. "Association of Racial Disparity of Cannabis Possession Arrests Among Adults and Youths With Statewide Cannabis Decriminalization and Legalization." JAMA Health Forum 2.10 (2021): e213435. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8727041/.

Sykes, Stefan. Here's how five states voted on the legalization of recreational marijuana. 9 11 2022. https://www.cnbc.com/2022/11/09/heres-how-five-states-voted-on-the-legalization-of-recreational-marijuana.html. 16 11 2022.

Zhang, Mona. Missouri's marijuana legalization campaign is splitting the weed world. 11 5 2022. https://www.politico.com/news/2022/11/05/missouris-marijuana-legalization-campaign-faces-an-unlikely-foe-pro-weed-advocates-00065255. 16 11 2022.

Zvonarev, Valeriy, Tolulope A Fatuki and Polina Tregubenko. "The Public Health Concerns of Marijuana Legalization: An Overview of Current Trends." Cureus 11.9 (2019): e5806. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6837267/.