Medical Marijuana

The legalization of marijuana for medicinal use as recommended by a licensed physician

is a highly controversial issue. Under the Compassionate Use Act of 1996, California

became the first state to legalize marijuana for medicinal use. Unfortunately for the

beneficiaries of this act, federal law states that marijuana is a Schedule I drug under the

Comprehensive Drug Abuse Prevention and Control Act. Under this act, there are five

such schedules classifying different drugs, both legal and illegal, based on potential

for abuse, accepted medicinal use, accepted safety for use in medical treatment when

supervised by a licensed physician.(AP) To be placed as a Schedule I drug "the drug or

other substance has a high potential for abuse, has no currently accepted medical use

in treatment in the United States, and a lack of accepted safety for use of the drug or

other substance under medical supervision"(Authority and criteria for classification of

substances).

A drug can be moved, added or removed from any schedule in which it is placed if

and when there is scientific evidence showing medicinal usability. Said changes to

the schedules can be initiated by the Attorney General, Administrator of the DEA, the

Secretary of Health and Human Services, or by the petitioning of any interested party,

including pharmaceutical companies and private citizens.

The first step taken by the United States to criminalize marijuana was the Marijuana

Tax Act of 1937. This act did not directly criminalize the drug, but instead, imposed

a one dollar tax on commercially dealt marijuana. The penalty for not paying theses

taxes was up to two thousand dollars in fines and up to five years in prison. This act

made it too risky for anyone to deal this drug. In 1969 the Marijuana Tax Act was found

unconstitutional, on the grounds that anyone seeking a tax stamp would incriminate

themselves, thus violating the fifth amendment. Congresses response to this was the

Comprehensive Drug Abuse Prevention and Control Act of 1970. This was the first step

of Nixon's modern war on drugs.

In California, the Compassionate Use Act, or Proposition 215, was drafted to "ensure that

seriously ill Californians have the right to obtain and use marijuana for medical purposes

where that medical use is deemed appropriate and has been recommended by a physician

who has determined that the person's health would benefit from the use of marijuana in

the treatment of cancer, anorexia, AIDS, chronic pain, glaucoma, arthritis, migraine, or

any other illness for which marijuana provides relief"(The Compassionate Use Act of

1996). This law gave California physicians the right to prescribe marijuana to patients

to counteract nausea brought on by medications patients were already on and as a pain

killer. For patients such as Angel Raich, who has an inoperable brain tumor, wasting

syndrome, chronic pain disorders, scoliosis, nausea, and several other documented

medical problems, marijuana was literally a life saver. From 1996 to 1999, Ms. Raich

was confined to a wheelchair. She credits marijuana for allowing her to get out of the

wheelchair and restoring mobility to the right side of her body. Due to her allergies and

chemical sensitivities to almost all conventional pharmaceutical medications, treating

her ailments is almost impossible. Another patient prescribed medical marijuana was

Ms. Diane Monson. Medical marijuana completely eliminates the chronic back spasms

she has had for many years. She has tried many other prescription and non-prescription

medications but they left her feeling nauseous and groggy. Marijuana has neither of these

side effects.

On August 15, 2002, the county sheriffs and agents from the DEA raided Ms. Monson's

house. After thoroughly searching the house, the sheriffs decided that her 6 canibis plants

were completely legal. The DEA thought otherwise, and "after a 3-hour standoff, the

federal agents seized and destroyed" all of her plants(Stevens, 2). When taken to the

Supreme Court, the case no longer was about whether marijuana has medicinal value

and should be made available to those in need, but "whether Congress' power to regulate

interstate markets for medicinal substances encompasses the portions of those markets

that are supplied with drug provided and consumed locally"(Stevens,3). Their final

decision was that patients or caregivers who cultivate marijuana for medicinal use "can

only increase the supply of marijuana in the California market" and "that such production

will promptly terminate when patients recover or will precisely match the patients'

medical need" seems unlikely(Stevens, 10).

Fortunately for people like Ms. Raich and Ms. Monson, not everyone in government

feels this way. Justice O'Connor of the Supreme Court believes that one of the virtues of

federalism is "that it promotes innovation by allowing for the possibility that "a single

courageous state may, if it's citizens choose, serve as a laboratory; and try novel social

and economic experiments without risks to the rest of the country'"(O'Connor,1). The

Compassionate Use Act is a prime example of the a State serving as a laboratory. States

powers have always included the ability to determine what are criminal acts and protect

the welfare, heath, and safety of their citizens. In using those powers, California and

it's citizens have come to a decision regarding the question of whether marijuana can

effectively be used medically. Fortunately, "the Court's holding neither struck down

Proposition 215 nor demanded that California bring criminal charges against it's citizens

who were using marijuana on the advice of their physicians"(Cohen,1).

Marijuana has been used as a medicine since it was first discovered. In the 17th and

18th centuries, marijuana was prescribed for "a wide variety of conditions, including

depression, cough, jaundice, inflammation, tumors, arthritis, gout, venereal disease,

incontinence, cramps, insomnia, epilepsy, and asthma"(Gahlinger,34). Between 1839

and 1900, over 100 medical studies on marijuana and it's effects or uses were published

and before 1941, canibis and it's extracts were sold as medicines in powder, tablet, and

liquid forms. Only in 1941 was canibis and all of it's extracts removed from the U.S.

Pharmacopoeia and the National Formulary, which contains all the recognized standards

for medications.

One of the factors used in determining drug scheduling by the DEA is the risk to public

health. If a drug has been classified as a Schedule I narcotic, it generally poses a threat

to public safety. However, marijuana has not been found to have "any physical peril

for users of the drug"(Miller, 18). In fact, when you consider it's "'therapeutic ratio',

the difference between the size of the dose needed for the desired effect and the size

that produces poisoning", you will find that it has no known ratio as yet(Miller, 19).

For that matter, a congressionally mandated study done by a conservative commission

appointed by President Nixon recommended that "possession of marihuana for personal

use would no longer be an offense" and even that "casual distribution of small amounts

of marihuana for no remuneration, or insignificant remuneration not involving profit,

would no longer be an offense"(Trebach,105). Even clergy members support the medical

marijuana issue, stating that "'This is about compassion for people" and that they "feel

compelled to support doctors who want to use whatever tools necessary to ease the pain

of the extremely sick"(Huffstutter, 1).

California is not the only state to have medical marijuana laws on the books. In total,

there are 26 states with such laws still in effect dating as far back as 1978. Washington

D.C. even has a medical use law which reschedules marijuana to Schedule V when used

for medicinal purposes. Schedule V contains drugs, such as Robitussin A-C, that have

low potential for abuse and accepted medical use, but may lead to limited dependence.

Almost all of the states laws allow medicinal use for cancer patients and other life

threatening illnesses, but California is the only state that expressly allows cultivation by

the patient or caregivers for medical use. Counties may set the limit of plants and weight

of dried marijuana for medicinal use, but if there is no set limit, they use California

defaults of 6 mature or 12 immature plants and 8 ounces of dried marijuana. Some

counties, such as Del Norte, allow as much as 99 plants and 1 pound of dried cannabis.

Only Humboldt County has no limit on the amount plants one can possess.

Some groups, such as NORML, a non profit members group, support the legalization

of marijuana for recreational as well as medicinal use. They believe that marijuana

could be California's cash crop and they estimate it would raise $1.5-$2.5 billion

dollars in tax revenue while saving approximately $150 million in arrests, trials, and

incarceration costs. In fact, the Los Angels NORML director, Bruce Margolin, ran

for governor in the 2003 recall election. His campaign platform, decreasing our states

debt by taking "California's No.1cash crop off of the black market and tax the sale and

distribution of Marijuana in the state"(Bruce).

While most people may not support the legalization of marijuana for recreational use,

a poll taken in 2003 revealed that 75% of adults in the U.S. are in favor of medical

marijuana. However, even though most of the public supports medicinal use, most

government officials and some researchers do not believe that marijuana is a viable

medicine. In fact, Special Assistant David Murray thinks medicinal marijuana "is a patent

medicine of the 19th century hawked by carnival barkers" and "Not only is smoked

marijuana not an effective medicine, but it is addictive, carcinogenic, damages the body's

respiratory, immune and reproductive systems, affects short-term memory and ability to

learn and is a 'gateway' to harder narcotics use"(Marshall).

However, according to Dr. Leo Hollister, the evidence of damage to the immune and

reproductive systems are contradictory in nature and that the studies that were closest to

actual clinical conditions created less compelling evidence. The immune suppression idea

was first brought up by the notorious Dr. Gabriel Nahas, but researchers in the Regan

administration failed to find conclusive evidence of this theory. Government experts

also agree that marijuana causes no permanent damage to either the male or female

reproductive systems.

As for it being a gateway drug, there is no scientific evidence to support these claims.

Many cultures throughout Asia and Africa have been using marijuana religiously,

medically, and recreationally and they "show no propensity for other drugs"(California

NORML). This theory took hold in the sixties, when marijuana became the recreational

drug of choice, but was refuted in the eighties when cocaine took old of America

and marijuana use declined. However, there is evidence that shows in the absence of

marijuana a user is more likely to turn to a harder substance or alcohol to get high.

Further more, marijuana does not cause a physical dependence and there is still some

debate as to whether or not it causes psychological dependence.

As far a marijuana not being an effective medicine, if this is the case, why do so many

researchers, doctors, and cancer specialists believe it does? Marijuana is not prescribed as

an antibiotic or anything like that. It is prescribed to patients who are in to much pain or

to nauseous to eat or even function in day to day situations. Chemotherapy tends to leave

patients with both a throbbing pain and nausea.(CC) This will prevent them from eating

which causes their immune system to weaken even more. Marijuana allows patients to

feel hungry and eat without forcing themselves too. It eases some pain with out the side

effects or chemical dependency of most modern pharmaceutical pain killers. In fact,

some medicinal users claim that cannabis is a safe, cheap, and effective alternative to the

usually nauseating medications prescribed for their particular ailments.

The Food and Drug Administration has approved clinical trials of a drug called Sativex,

which s a liquid that combines two of the most therapeutic compounds in marijuana.

Sativex is the second marijuana derived pharmaceutical drug created and tested by the

FDA. These drugs are to be used the same way medical marijuana is, however, they

supposedly limit the dangerous effects of canibis, those of getting high and smoking.

However, some are not convinced "that the therapeutic benefits of cannabis can always

be separated from its psychoactive effects"(Grinspoon). Many patients speak of feeling

better after they get high. If marijuana contributes to this mood elevation, should that

be taken away from a patient that is probably in need of it? For those who are worried

about the toxins that come with smoking, they can use a vaporizer, which frees the

cannabinoids from the plant without burning it or producing smoke.(AC)

Some feel that one day, cannabis will be seen as a wonder drug, just as penicillin was in

the 1940's. Just like penicillin, marijuana is nontoxic, has a wide range of uses, and would

be remarkably inexpensive if legalized. Even good quality, although illegal, marijuana

is cheaper than the synthetic versions the FDA is trying to pass. The only bonus to drugs

like Sativex over marijuana is that Sativex is completely legal.

The claim that Sativex doesn't cause intoxication, a main goal of the FDA, hinges on the

idea that patients will stick with the recommended dosage. The down side of this is that,

while marijuana takes effect almost immediately, Sativex does not, though it is much

more efficient than it's counter part, Marinol. In effect, Sativex could get a patient high if

they took more than the recommended dosage, just as cough syrup can get one drunk, if

more than the recommended dosage is ingested.

What all this seems to boil down to is an issue of when. Most of the adults in the U.S.

seem to agree with the legalization of marijuana, if not entirely, at least for medicinal

purposes. Most agree that it has therapeutic qualities and can be a life saver in the case of

AIDS and cancer patients, as well as treat a multitude of other symptoms. The only real

opposition seems to come from government officials. If medical marijuana were made

legal, it could increase tax revenues and the quality of life of many infirmed patients.(SB)

It made completely legal, and properly regulated, it could be a tremendous cash crop

for California, if not the whole U.S. and generate billions of dollars in revenue, which

would remove a lot of the debt that looms over this country like a storm cloud. Most of

the reasons for it being illegal are unfounded and even government appointed research

has recommended that possession not be a criminal offense. Many countries around the

world have loose if any marijuana laws and crime is no more rampant, psychosis no more

prevalent, than here. If it works for countries less powerful or developed than the U.S.

why can it not work here? Is America so much better than these countries that we must

force our infirmed to suffer unnecessarily? Why must we deny a cheap and effective

source of relief to those so desperately in need of a quality of life change? Our strict laws

turn dying, pain riddled patients into criminals or force them to a life of side effects, if

they can even take the prescribed medications.(VP) There is something seriously wrong

with a country that would deny relief to those in pain, an appetite to those to nauseas to

eat.