In 1970, President Richard Nixon signed the Controlled Substances Act (“CSA”), essentially declaring a war on drugs, including marijuana. The American attitude and American law have come a long way since then. Last year, the United States House of Representatives passed legislation to remove cannabis (marijuana) from the CSA. Currently, legislation is being considered to decriminalize marijuana and establish a sales tax similar to alcohol.

Eighteen states have currently legalized the recreational use of marijuana and 36 approve it for medical purposes. The legal cannabis market is expected to reach over $ 40 billion in the United States by 2026.

The legal cannabis market is expected to reach over $ 40 billion in the United States by 2026.

With popular opinion and American law increasingly embracing the use of marijuana, the question is, what does Judaism have to say?

In Jewish law, there is a general obligation to observe the civil laws of the country in which one lives when they are not in contradiction with Jewish law.¹ Therefore, in addition to everything Judaism says about marijuana, Jewish law requires obedience to the rule of civil law. While it is illegal to possess or use marijuana, it is also against Jewish law.

Does this mean that while it is legal, it is also permitted under Jewish law and Jewish values?

Medical Marijuana

It is important to distinguish between recreational use of marijuana and medical use. The Talmud² includes the Hebrew expression “v’rapoh yerapeih,³ he will provide for his healing ”which man is allowed to deal with, even though the healing process itself might violate other values ​​such as not causing someone to bleed. What about treating pain, even when there is no curative benefit? Do we have the right to violate other values ​​or prohibitions, just to relieve the pain?

Rabbi Avraham Borenstein⁴ (1838-1910) proves that the exemption from treatment does not only apply to healing, but also to pain management, even if there is no therapeutic benefit.

Based on this decision, Rabbi Shlomo Zalman Auerbach⁵ (1910-1995) and others conclude that the use of narcotics, such as morphine, is permitted, even for a terminally ill patient if it is necessary for pain relief. Although morphine has an impact on breathing and can speed up death, it is nonetheless allowed for a terminally ill patient, as reducing pain is a form of healing.

Extending this decision, Rabbi Yitzchak Zilberstein,⁶ a contemporary authority writes that despite a general negative approach to marijuana use, it can be used for medical and pain management purposes, like narcotics or pain relievers.

Recreational marijuana

The Torah obliges us to lead healthy lives and to protect our general well-being. The Talmud⁷ derives from the verse, “V’nishmartem od the nafshoseichem, be very careful to protect your soul ”,⁸ a mandate to be responsible for our lives. Is the use of marijuana a violation of the responsibility to lead a healthy lifestyle?

The Talmud⁹ tells us that Rav, who lived in the 2nd century, told his son Chiya, “Do not ingest any drugs. Rashi explains that Rav feared that a person would enjoy the “high” and want to experience it over and over again. Why is it a problem? How does being high and happy violate the healthy lifestyle?

When we indulge in substances that cloud our judgment or compromise our conscience, when we lose control and become unruly, we weaken our divine soul.

Humans are made up of two souls, our animal soul and our divine soul. The animal soul prompts us to act impulsively and give in to our impulses indiscriminately. We describe someone who is out of control as acting like an animal and someone who stuffs their face as eating like a pig. We are also endowed with a godly soul and are each created in the image of God. The pious soul is capable of discipline and self-control. It allows us to make choices consciously and allows us to regulate our behavior.

When we indulge in substances that cloud our judgment or compromise our conscience, when we lose control and become unruly, we weaken our divine soul, essentially giving up our very humanity. We are meant to live in the here and now, to be fully engaged and immersed in the present, aware of our surroundings, engaged with our surroundings, responsible for our behavior and able to remember what we have done and what has happened. ‘has passed around us. Using substances, whether drugs or alcohol, to escape our reality, to numb us with pain, to feel increased pleasure, or just for pleasure, is to surrender to our lower self, choose the animal impulse rather than our divine soul.

While getting drunk or high can lead to fleeting and temporary happiness, it is counterfeit and short-lived.

Holiness requires awareness, attention and self-control. This is why the Torah^ten forbidden to drink wine in the Temple, the holiest building, in the holiest place on earth. While getting drunk or high can lead to fleeting and temporary happiness, it is counterfeit and short-lived. The Rambam writes: “Anyone who gets drunk is a sinner, is ashamed and will lose his wisdom. If he gets drunk before the others, he profane the Name of God.

Some claim that being high or drunk actually allows for religious growth and spiritual breakthrough by breaking down inhibitions and relieving stress, but this is a mistake. Genuine, genuine, and lasting spiritual growth results from engaging our hearts, brains, and souls in a conscious state, not bypassing them.

It’s important to note that while the research comparing the dangers and side effects of alcohol and marijuana remains mixed, there is a fundamental difference between them. At Jewish events, holidays and during life cycle events, wine is used with moderation to uplift and honor the occasion. While Judaism frowns on drunkenness, it simultaneously incorporates raising a glass of wine to honor a special occasion. Wine can be tasted in moderation and consumed without intoxicating while marijuana is a tool for high with some research claiming it to be a gateway drug.

Jewish law holds that although medical marijuana is permitted, its recreational use prevents us from being our best and is prohibited.

Rabbi Moshe Feinstein, one of the greatest American rabbis of the 20^e century rules¹¹ that the use of marijuana is addictive, harmful and prohibited. According to the National Institute of Health,¹² 30% of those who use marijuana have some degree of marijuana use disorder. In addition, research¹³ shows that marijuana use kills brain cells and can be harmful to a person’s health and well-being. Marijuana use is associated with deficits in decision making. A high person not only cannot observe mitzvot properly, but they are much more likely to engage in behavior and choices that are contrary to Jewish law and in conflict with Jewish values.

Rabbi Feinstein concludes by reminding us that in Judaism we live for holiness, not for happiness, and says, “We must do our utmost to combat this impure and ungodly activity of the Jewish people. “

A contemporary rabbi in Israel, Rabbi Shlomo Aviner also addresses this issue and comes to the same strict conclusion. He writes¹⁴ that people who use marijuana become addicted to it, and that addiction compromises their ability to live their best. He adds that it tends to demotivate people, impacts memory, and inflates confidence in dangerously unhealthy ways, all of which are supported by research and incompatible with a rich and ambitious Jewish life.

Conclusion

As the world adopts more permissive laws and views on marijuana use, Jewish law holds that while medical marijuana is permitted, its recreational use prevents us from being the best we can be. is prohibited. We must satisfy the urge to “get high” by working hard to develop our spiritual muscles and deepen our connection to the Infinite Source of creation.

1. This is known in the Talmud (Bava Kamma 113a) as dina d’malchusa dina, the law of the land is the law.
2. Bava Kama 85a
3. Shemos 21:19
4. Avnei Nezer oc 453
5. Nishmas Avraham m 339
6. Techumine v. 23
7. Berachos 32b
8. Devarim 4:15
9. Pessachim 113a
10. Vayikra 10: 9
11. Igros Moshe yd 3:35
12. https://www.drugabuse.gov/publications/research-reports/marijuana/marijuana-addictive
13. https://www.medicalnewstoday.com/articles/does-weed-kill-brain-cells#in-teenagers
14. Sheilas Shlomo 4: 264