(By Rabbi Yair Hoffman for 5tjt.com)

Yesterday, one of the top marijuana analysts (Cowen) announced that since Corona Beer maker Constellation Brands (STZ) is down – it is the perfect investment for 2019.  Why is that?  Because earlier this year, Canopy Growth Corporation landed a $4 billion deal investment from Corona beer-maker Constellation Brands.

Recently, Rav Yitzchok Zilberstein Shlita was asked whether it was permitted to invest in an American company that produces and sells Hashish and Marijuana in areas where the law permits its sale – even for non-medical purposes. The question was distributed in the Kislev edition of Vavei HaAmudim (Siman 6). The following is an unauthorized translation of Rav Zilberstein’s response.

“This drug is not forbidden on account of the fact that the law forbids it. Rather, it is forbidden because this drug is harmful to people. It brings damage to the world. If our sages have said that one who gambles with dice is ineligible to testify because he does not partake in yishuvo shel olam, certainly it is forbidden to involve oneself in something that is destructive to the world. These people also bring danger to others.”

Rav Zilberstein clearly forbids investing in such a company. What follows is a further halachic and medical analysis of the topic.

RAV MOSHE FEINSTEIN’S VIEW

It is not just Rav Zilberstein’s view that marijuana is destructive to the world. Decades ago, Rav Moshe Feinstein zt”l addressed the question of marijuana in his Igros Moshe Yoreh Deah Vol. III #35. Rav Moshe pointed to no less than nine very serious issues in which marijuana affects a person.

• It affects a person physically
• And mentally.
• It further prevents him from studying Torah properly
• and from davening properly.
• It further affects the proper performance of Mitzvos, eliciting a zombie-like element in their performance.
• Rav Moshe also presents the idea that elicits within the user a stronger desire for things, and explains that this is one of the problems associated with a Ben Sorer U Moreh, the rebellious son discussed in Dvarim 21:18.
• Rav Moshe further explains that it is an abnegation of the Mitzvah of Kivud Av v’Aim
• It is also a violation of the Ramban’s understanding of Kedosim ti’hiyu, the commandment to be holy.
• Finally, Rav Moshe writes that such activity induces the user to violate other Mitzvos in the Torah, thus increasing impurity in Israel.

As far as gentiles are concerned, many of Rav Moshe’s points apply to them as well.  The first two certainly apply to gentiles. It also prevents gentiles from studying academics properly.

ANOTHER ISSUE, AND THREE MORE VERSES

Two other contemporary Poskim have voiced to this author their opinion that Marijuana, legal or not, still most certainly constitutes a “gateway drug” leading the user to begin experimenting with other drugs that are illegal and dangerous.  This obligation appears to be a biblical one predicated upon the verse, “venishmartem me’od bnafshosaichem – And you shall be very careful regarding yourselves (Dvarim 4:9).”  not just limited to “veNishmartem” (Dvarim 4:9).  The verse later on (Dvarim 4:15), “Rak hishamer lecha” is understood by most Poskim to actually comprise a second Mitzvah (See Rav Chaim Kanievsky Shlita Shaar HaTeshuvos #25).   There is also a third Mitzvah, “V’Chai Bahem – And you shall live by them” (VaYikra 18:5).

MEDICAL OPINION

We will start with the physical and mental effects.  According to a long term study of Swedish youth cited by the study, the odds on getting lung cancer if one regularly uses marijuana increase 200%.  Yet another concern is for driving. The authors of the study have noted that impairments can last up to a full day after a single ingestion.

What about the mental effects?  The study cites the possible effects on mood, and particularly depression, and the possibility of dependence. Marijuana use has been linked to higher rates of mental illness, including thought disorders, depression and anxiety, as well as — according to one prominent study published last year — diminished IQ over time.

EVEN WORSE THAN RAV MOSHE’S TIME

As far as the other effects mentioned by Rav Moshe are concerned, someone has pointed out that they apply even more so nowadays, because the concentration of THC has clearly increased. Thus the issues of Bitul Torah, effect upon Davening and Mitzvah performance clearly apply even more. The same is true with Rav Moshe’s latter points.

MOST OF THE MEDICAL WORLD IS NOT BEHIND IT

With all the hoopla in the growing legalization of marijuana, let us note that most of the medical world is not backing it up.  Why is most of the medical world not backing it up thus far?  According to an article in Arthritis Care and research by Mary-Ann Fitzcharles, MD, of McGill University in Montreal, and colleagues, at the current state of affairs, there are a number of issues regarding medical marijuana including acute and chronic risks, a lack of evidence for efficacy, and the absence of data on appropriate dosing.

This was said about medical marijuana.  Certainly it would apply to the indiscriminate ingestion of it for non-medical purposes.

Sharon Levy, an assistant professor of pediatrics at Harvard Medical School and chair of the American Academy of Pediatrics committee on substance abuse, recently told the Washington Post that she is a strong proponent of studying and developing medications from the active ingredients in marijuana. But she does not support the idea of patients or parents making their own oral preparations and guessing at proper dosage without knowing long-term side effects.  “It is a bad idea. When I look at the accumulation of studies about marijuana and children, I am very concerned,” she said. The authors of the study have written that “Simply acceding to patient demands for a treatment on the basis of popular advocacy, without comprehensive knowledge of an agent, does not adhere to the ethical standards of medical practice..”

One major obstacle to the acceptance of medical use is the wide variation of active compounds in the plant, with THC concentration ranging from 1% to 30% of the plant and blood levels among individuals who inhale it that range from an estimated 7 ng/mL to 100 ng/mL.

It is also interesting to note that of all the tens of thousands of recommendations for medical marijuana in the state of Colorado, almost half of these recommendations had been made by only 15 physicians. This is a clear indication that the medical world has not embraced medical marijuana as the panacea in which the media has marketed it.  The authors of the study point out that the motives for this medical behavior should be questioned and raises ethical concerns.

Once again, this was said in regard to medical marijuana. How much more so are the dangers to the world for legalized use of this drug. Rav Zilberstein’s view against investing in it have precedence in both Rav Moshe’s responsum as well as medical opinion.

Getting back to Rav Zilberstein’s psak, however, what was not addressed was the idea of investing in normal companies that are also investing in marijuana.  In other words, the company that produces Corona beer is a mainstream company – aside from their 4 billion dollar investment in marijuana.  What is the halacha when a mainstream company combines its growth strategy with a forbidden one?  Does Rav Zilberstein’s psak still apply?

The author can be reached at [email protected]

(YWN World Headquarters – NYC)