South Carolina and North Carolina[1] have recently enacted legislation that legalizes the cultivation, harvesting and sale of industrial hemp. Hemp has always been an important crop in the United States, so much so that in 1619 the Virginia Assembly passed legislation requiring every farmer to grow hemp. Hemp was allowed to be exchanged as legal tender in Pennsylvania, Virginia, and Maryland. By the end of the War between the States, the United States’ hemp production had passed its peak, but marijuana was becoming an increasingly popular ingredient in medicines and tinctures.[2] Based on the evidence to be presented in this paper, I contend that the legalization of industrial hemp constitutes the de facto legalization of marijuana which raises numerous questions and issues for the Church in the United States.
Having failed in their efforts to permanently make the consumption of alcohol illegal, prohibitionists focused their efforts on making marijuana illegal. In 1936, the movie Reefer Madness was financed by an association of church groups for the purpose of being shown to parents as a morality tale in order to teach them about the dangers of cannabis use.[3] In 1970, Congress passed the Comprehensive Drug Abuse Prevention and Control Act, which placed marijuana in the most restrictive category of drugs having no permissible use in medical practice.[4] For over forty years, the possession, use, manufacture and sale of marijuana has been treated as a criminal offense in both federal and state criminal courts, often punished by long terms of incarceration for major offenses. However, the punishment for the possession of smaller amounts of marijuana has become more lenient over the past twenty-five years, typically involving no more than a fine with no incarceration or probation imposed.
The Agriculture Improvement Act of 2018 was signed into legislation by President Trump on December 20, 2018. Congress enacted the legislation “to provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023, and for other purposes.”[5] Most people refer to the legislation as the 2018 Farm Bill.
In 2019, South Carolina enacted “The Hemp Farming Act,” codified in the South Carolina Code of Laws §46-55-10. North Carolina and nearly all of the other States have done likewise. The 2018 Farm Bill and the accompanying state legislation have had numerous unintended consequences. While the federal and state legislation legalized the production and sale of industrial hemp, marijuana remains on the federal government’s list of Schedule I drugs, defined as the most dangerous of the controlled substances, and is labeled as posing a severe risk of addiction.[6] Despite the difference in the legal status of hemp and marijuana, it is virtually impossible to distinguish between legal industrial hemp and illegal marijuana.
Both industrial hemp and marijuana have an active ingredient known as tetrahydrocannabinol, or THC for short. While both industrial hemp and marijuana naturally produce more than one hundred cannabinoids or active ingredients only two, delta-8 THC and delta-9 THC, can produce intoxicating psychoactive effects.[7] The difference in industrial hemp and marijuana is the percentage of delta-8 THC and delta-9 THC present in each substance. Industrial hemp is defined by the federal government as having a delta-8 or delta‑9 THC concentration of not more than 0.3 percent on a dry weight basis. Conversely, illegal marijuana would have a delta-8 or delta‑9 THC concentration of more than 0.3 percent.[8]
Hemp and marijuana look the same and have the same odor, both unburned and burned. This makes it impossible for law enforcement to use the appearance of marijuana or the odor of burning marijuana to develop probable cause for arrest, seizure of the item, or probable cause to obtain a search warrant.[9] Police dogs trained to recognize illegal narcotics by smell cannot tell the difference between hemp and marijuana. The North Carolina State Crime Laboratory does not conduct testing to differentiate between hemp and marijuana. State and federal crime labs, as well as municipal crime labs, perform a qualitative analysis on plant material to determine whether THC is present, but are unable to determine the percentage amount and therefore cannot distinguish between legal hemp and illegal marijuana.[10]
Essentially, the prosecution of marijuana possession, manufacture, sale or distribution has been rendered impossible by the Agriculture Improvement Act of 2018 and collateral legislation by the states. Marijuana is now legal in all fifty states, either de facto or by legislative fiat. In addition, many marijuana based products such as CBD oil, aromatics and edibles are legally sold and consumed. Medical uses for marijuana currently exist and more are expected to be developed in the future. In view of the changing legality and utility of marijuana, the question must be posed as to whether possession, sale and consumption of marijuana by Christians in this new era of actual or de facto legalization is sinful.
The City Hall in Cambridge, Massachusetts, was built in 1889 and inscribed over the main entrance are these words: “God has given commandments unto men. From these commandments men have framed laws by which to be governed. It is honorable and praiseworthy to faithfully serve the people by helping to administer these laws. If the laws are not enforced, the People are not well governed.”[11]
On May 17, 2004, shortly after midnight, the first legal applications in the United States for same-sex marriage licenses were issued at Cambridge City Hall. At 9:15 a.m. that day, the Cambridge City Clerk began solemnizing same-sex marriages.[12] As Christians, we must look to Scripture in order to determine what our ethical obligation is in a certain situation, or stated more concisely, what does the Word of God tell me to do. In the matter of “same sex marriage” it is abundantly clear what God’s Word would have us do. Marriage exists only between a man and a woman (Matthew 19:4-6) and homosexuality is an abomination (Leviticus 20:13). Failure to obey God’s Word is sin for which our God will rightly judge and punish. Would that the use of marijuana should have such biblical specificity and guidance!
Human beings are created by the Triune God of Scripture, who said “Let us make man in our image, after our likeness.” (Genesis 1:26-27). While we bear the image of God and share some of His characteristics, it is God alone who is morally excellent (1 John 1:5) and has lordship authority over all of Creation, in particular over humanity. God is the ultimate ethical authority and He alone has established ethical norms to which we must conform our lives. Sin is the transgression and lack of conformity to God’s law. (W.C.F. 6.6). Therefore, God’s Word is normative and the consideration of whether a Christian may possess, sell or consume marijuana and its byproducts must be governed and decided on the basis of Scripture and the rational inferences to be made therefrom.
Scripture makes no reference whatsoever to marijuana[13]yet we know that God created three types of marijuana: cannabis sativa, cannabis indicia, and cannabis ruderalis[14]on the third day of Creation. (Gen.1:11-13). Not only do we know that God created these plants, we know that God “saw” that the trees, vegetation and plants, including marijuana, were good and declared them to be so. (Gen.1:12). However, Scripture does not specifically speak to the legality, rightfulness or manner in which marijuana and its derivatives may be used by humans. When Scripture is silent on a matter of moral importance, God’s people must answer such questions ‘by good and necessary consequence” from what the Bible says more generally concerning other issues. (W.C.F. 1.6)[15] For example, the Bible never explicitly says that viewing pornography is sinful, but we can conclude that it is sinful as a good and necessary consequence of the warning in Matthew 5:28 that “everyone who looks at a woman with lustful intent has already committed adultery with her in his heart.”
God’s normative requirements are often carried out by the governing authorities who have been instituted by God and derive their authority from Him. (Romans 13:1-5).[16] Citizens should fear and obey God’s appointed human authorities, especially in view of the fact that we live in a constitutional republic and elect those individuals who make, enforce and interpret the law. This obligation to obey the governing authorities regarding the use of marijuana was very clear during the period of time when the use, possession, and sale of marijuana was illegal under federal law as well as in all fifty states. As previously discussed, recent legislation at both the state and federal level has created the unintended consequence of legalizing marijuana, either by statute or de facto by virtue of having no testing ability to differentiate legal hemp from marijuana.
In view of Scripture’s silence concerning marijuana, coupled with governmental sanctioned use of marijuana, what is the normative requirement for Christians regarding the growing of marijuana, its use, possession and sale? In my opinion, we must look to the whole counsel of God, in particular the Bible’s teachings and warnings about the use of alcohol, and thereby deduce from Scripture the good and necessary consequences of using marijuana by Christians.
Significantly, the Bible makes it clear that Jesus both made wine (John 2:1-11) and drank wine (Luke 7:33-35). Scripture also documents that Jesus approved of its moderate consumption (Matthew 15:11). Conversely, Jesus was critical of drunkenness (Matthew 24:45-51) (Luke 21:34).
The writings of Paul deal with alcohol in some detail and are important to the formulation of traditional Christian thought on the subject. Paul considered wine to be a creation of God and therefore inherently good (1 Timothy 4:4). He also recommended its use for medicinal purposes (1 Timothy 5:23). However, Paul consistently condemned drunkenness (1 Corinthians 5:11) (Galatians 5:19-21) (Romans 13:3). Additionally, Paul recommended abstinence for those who could not control their drinking.[17] Therefore, from a normative perspective, I conclude that the growing of marijuana, its use, possession and sale is not inherently sinful for the Christian, neither is it mandated that a Christian must participate in growing, using, possessing or selling of marijuana.
Conversely, the growing of marijuana, including its use, possession and sale is not adiaphora, a matter or practice of indifference. Therefore, our analysis must now shift to examining the issue of marijuana use from a situational perspective, wherein we seek to answer the question of how do we best glorify God by our actions in regard to marijuana, utilizing the proper application of His Word?
In that respect, it is crucial that we define the type of marijuana or marijuana derivative in question. Industrial hemp (cannabis sativa) has been grown and harvested in America since the early 17th century. Hemp has many beneficial uses in the textile, horticultural, farming, food, and personal care sectors of our economy.[18]Cannabis ruderalis is naturally higher in cannabidiol (CBD), the non-psychoactive cannabinoid that has grown in popularity over recent years. It also produces very little tetrahydrocannabinol (THC), the psychoactive compound that causes a euphoric high.[19] Because of these benign characteristics, cannabis ruderalis is primarily used in CBD oil and other non-addictive, non-psychotic compounds and mixtures. We glorify God when we harvest the produce of the Earth and convert it into safe and useful products for our fellow man. Therefore, I conclude that the growing of cannabis sativa and cannabis ruderalis, includingthe use, possession and sale of their byproducts, is beneficial and acceptable to those consumers who decide to purchase them. Christians may freely participate in these activities.
The third and most well known of the marijuana plants is cannabis indicia, which is a far more potent form of marijuana than sativa or ruderalis due to the higher concentration of delta-8 THC and delta-9 THC (tetrahydrocannabinol).[20] Health care providers such as the Mayo Clinic administer medical cannabis indicia programs and certify patients for participation in these programs.[21] Medical marijuana is currently being used to treat numerous diseases such as Alzheimer’s, ALS (Lou Gehrig’s Disease), HIV/AIDS, Crohn’s Disease, Epilepsy, Glaucoma, Multiple Sclerosis and severe nausea or vomiting caused by cancer treatment.[22] We glorify God when we utilize available treatments and substances to alleviate pain, heal and cure disease. Therefore, I conclude that the medical use of cannabis indicia is beneficial and acceptable in those medical situations where physicians have validly prescribed its use. Christians may freely participate in these activities, both as medical professionals and patients.
Having concluded that the cultivation of marijuana and its use in commercial products that are safe and beneficial, as well as its use in various medical treatments, is not sinful from a normative or situational perspective, we must finally consider the use of marijuana on a recreational basis and the moral implications of such use. I have used the term, de facto legalization to describe the status of marijuana in the forty-eight states that have legalized hemp but have no means of testing to differentiate legal from illegal marijuana. Essentially, these are statutes, known as dead letter laws[23] which are not enforceable but remain on the statute books.[24]
Nevertheless, I view the recreational consumption of marijuana as normative since God created all plant life which He graciously gave to humans for food. (Genesis 1:11-12, 29)[25]. From a situational perspective, the use of small amounts of marijuana with a low THC concentration on a limited basis in the privacy of one’s home, similar to the consumption of alcoholic beverages and with the same biblical parameters as discussed herein, should be acceptable from a situational perspective, with one exception. Christians must always be alert to how our actions, though permissible, may nonetheless have a negative effect on “our weaker brothers and sisters” as set forth in 1 Corinthians 8:7-13.
[1] I am a licensed attorney in both South Carolina and North Carolina and have therefore limited the scope of my research to those two states. However, with the exception of Idaho and Mississippi, both of whom have legislation pending to legalize the growing of industrial hemp, hemp farming is now legal in all states as well as at the federal level.
[2]https://www.history.com/news/marijuana-criminalization-reefer-madness-history-flashback (Accessed, 26 July 2022)
[3] Peary, Danny. Cult Movies. (New York: Delacorte Press, 1981) pp. 203–205.
[4]https://origins.osu.edu/article/illegalization-marijuana-brief-history(Accessed, 26 July 2022)
[5]https://www.fs.usda.gov/managing-land/farm-bill (Accessed, 27 July 2022)
[6]https://nccriminallaw.sog.unc.edu/hemp-or-marijuana (Accessed, 26 July 2022)
[7]https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-
tetrahydrocannabinol-delta-8-thc (Accessed, 28 July 2022)
[8] Ibid.
[9]https://nccriminallaw.sog.unc.edu/hemp-or-marijuana/(Accessed, 26 July 2022)
[10] Ibid.
[11]https://www.cambridgema.gov/historic (Accessed, 27 July 2022)
[12]“Same-sex couples exchange vows in Massachusetts,” May 17, 2004”. CNN.com.
(Retrieved, 27 July 2022)
[13] Neither does the Bible speak of tomatoes, baseball or automobiles.
[14] https://www.cnbs.org/cannabis-types (Accessed, 27 July 2022)
[15] “The whole counsel of God, concerning all things necessary for his own glory, man’s salvation, faith, and life, is either expressly set down in Scripture, or by good and necessary consequence may be deduced from Scripture.” (W.C.F. 1.6)
[16]“Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. Therefore, whoever resists the authorities resists what God has appointed, and those who resist will incur judgment. For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer. Therefore, one must be in subjection, not only to avoid God’s wrath but also for the sake of conscience.”
[17] Raymond, Irving Woodworth. The Teaching of the Early Church on the Use of Wine and Strong Drink. New York, NY: Columbia Univ. Press, 1927.
[18]https://extension.psu.edu/industrial-hemp-production (Accessed, 26 July 2022)
[19]https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-
tetrahydrocannabinol-delta-8-thc (Accessed, 28 July 2022)
[20] Ibid.
[21] https://www.mayoclinic.org/healthy-lifestyle/consumer-health/in-depth/medical-marijuana/art- 20137855 (Accessed, 28 July 2022)
[22] Ibid.
[23]https://definitions.uslegal.com/d/dead-letter/ (Accessed, 28 July 2022)
[24] A persuasive argument could be made that dead letter laws constitute a dereliction of the State’s God-given authority set forth in Romans 13:1-5 thus rendering the law null and void, no longer requiring obedience by its citizens.
[25] And God said, “Let the earth sprout vegetation, plants yielding seed, and fruit trees bearing fruit in which is their seed, each according to its kind, on the earth.” And it was so. The earth brought forth vegetation, plants yielding seed according to their own kinds, and trees bearing fruit in which is their seed, each according to its kind. And God saw that it was good.
(Genesis 1:11-12)
And God said, “Behold, I have given you every plant yielding seed that is on the face of all the earth, and every tree with seed in its fruit. You shall have them for food.
(Genesis 1:29)
[1] July 4, 2076, a mere fifty-two years away.
[2] I am a practicing attorney and Elder Emeritus at Reformation A.R.P. Church
[3] I am licensed to practice law in both South Carolina and North Carolina and am using these two states to illustrate various components of the divorce statute and how the law has dramatically changed in the recent past.
[4] The legal standard of “clear and convincing evidence” is considerably less than the “guilt beyond a reasonable doubt” standard required to convict someone of a criminal offense.
[5] “Because the LORD was witness between you and the wife of your youth to whom you have been faithless, though she is your companion and your wife by covenant. Did he not
make them one, with a portion of the Spirit in their union? And what was the one God seeking? Godly offspring. So, guard yourselves in your spirit, and let none of you be
faithless to the wife of your youth. “For the man who does not love his wife but divorces her says the LORD, the God of Israel, covers his garment with violence, says the LORD of hosts. So, guard yourselves in your spirit, and do not be faithless.” (Malachi 2:14-16).
[6] Condonation requires proof of “forgiveness, express or implied, by one spouse for a breach of marital duty by the other” and reconciliation. In most cases, reconciliation can be proved by showing the normal cohabitation of the husband and wife in the family home. If the injured party has full knowledge of the misconduct such as adultery, and the couple resumes or continues living together for “any considerable period of time,” then this act of living together conclusively shows an intention to forgive or condone the marital misconduct.
[7] See also, Mark 10:11-12
[8] This issue is about to become even more convoluted as we discuss the nationwide trend away from fault to non-fault divorces.
[9] Cohabitation is the state of dwelling or living together as husband and wife with the implication of engaging in sexual intercourse.
[10] “Come now, let us reason together, says the LORD:
though your sins are like scarlet,
they shall be as white as snow;
though they are red like crimson,
they shall become like wool.”
[11] Then Jesus said to him, “Be gone, Satan! For it is written, ‘You shall worship the Lord your God and him only shall you serve.’” (Matthew 4:10).
[12] Or do you not know that unrighteous people will not inherit God’s Kingdom? Do not be misled. Those who are sexually immoral, idolaters, adulterers, men who submit to homosexual acts, men who practice homosexuality, thieves, greedy people, drunkards, revilers, and extortioners will not inherit God’s Kingdom. And yet that is what some of you were. But you have been washed clean; you have been sanctified; you have been declared righteous in the name of the Lord Jesus Christ and with the spirit of our God. (1 Corinthians 6:9-11).
He expelled the male shrine prostitutes from the land and got rid of all the idols his ancestors had made. (Kings 15:12).
If a man has sexual relations with a man as one does with a woman, both of them have done what is detestable. They are to be put to death; their blood will be on their own heads. (Leviticus 20:13)
In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed shameful acts with other men, and received in themselves the due penalty for their error. (Romans 1:27).
Although they know God’s righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them. (Romans 1:32)
We also know that the law is made not for the righteous but for lawbreakers and rebels, the ungodly and sinful, the unholy and irreligious, for those who kill their fathers or mothers, for murderers, for the sexually immoral, for those practicing homosexuality, for slave traders and liars and perjurers and for whatever else is contrary to the sound doctrine.
(1Timothy 8-11).
