Medicinal Marijuana: A Legal Smoke?

A Legal Smoke?

Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of ailments. Marijuana's therapeutic uses are well-documented in modern scientific literature. The studies arrived at the conclusion that marijuana provides symptomatic relief for a number of medical conditions, including nausea and vomiting, stimulating appetite, promoting weight gain, and diminishing intraocular pressure from glaucoma. There is also evidence that smoked marijuana reduces muscle spasticity from spinal cord injuries and multiple sclerosis, and diminishes tremors in multiple sclerosis patients. Patients and physicians have also reported that smoked marijuana provides relief from migraine headaches, depression, seizures, insomnia and chronic pain, among other conditions (Medical Marijuana Reports). In several states, marijuana is legal for use in specific cases, but it is still illegal by federal law. "Why would they want to authorize behavior under state law that is still a violation of federal law?" he says. "It endangers a population, to me. It gives the green light on the one hand and a go-to-jail ticket on the other" (Stein 57). In the eight states where medical marijuana is legal, people using legally prescribed marijuana should not have to worry about the breaking the federal law and risk being arrested. Patients using prescription marijuana are using it to make their lives better. If patients have to worry about being arrested for smoking prescribed marijuana, they might as well buy the drug illegally off the street.

Until 1937, marijuana was legal in the United Stated for all purposes. Twenty seven medicines containing marijuana were legally available in the United States at that time. Many of the medicines were made by well-known pharmaceutical businesses that still exist today, including Squibb, now known as Bristol-Myers Squibb, and Eli Lilly. The Marijuana Tax Act of 1937 federally prohibited marijuana. Dr. William C. Woodward of the American Medical Association opposed the act, testifying that prohibition would ultimately prevent the medicinal uses of marijuana (Medical Marijuana Briefing Paper).

Fifty-six percent of voters approved Proposition 215 on November 5, 1996. The law took effect the following day in California. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a written or oral recommendation from their physician that he or she would benefit from medical marijuana. Patients diagnosed with any debilitating illness where the medical use of marijuana has been "deemed appropriate and has been recommended by a physician" are afforded legal protection under this act. Conditions typically covered by the law include arthritis, cachexia, cancer, chronic pain, HIV or AIDS, epilepsy, migraine, and multiple sclerosis, although, patients with several other conditions may have legal protection for using marijuana. Right now, there are no set limits regarding the amount of marijuana patients may possess and/or grow are provided by this act. The law does not establish a confidential state-run patient registry, but pending legislation in this year's assembly seeks to create a voluntary patient registry (Medical Marijuana Reports).

Federal agents in September busted the Wo/Men's Alliance for medicinal marijuana in an early morning raid. The farm owners, who were growing pot legally under California law, were arrested by the federal agents and taken to a federal building in San Jose for breaking federal law. They also held a paraplegic resident at the farm for hours. "I opened my eyes to see five federal agents pointing assault rifles at my head.'Get your hands over your head. Get up. Get up.' I took the respirator off my face, and I explained to them that I'm paralyzed," said Suzanne Pheil, 44, who is disabled by the effects of post polio syndrome (Stein 60). This story shows how problematic this issue can be. The story was publicized everywhere and had positive effects for the pro-pot people and essentially made the federal agents look unethical. There were many who were displeased and concerned after hearing this story. This includes the attorney general of California, Bill Lockyer, who sent an acrimonious letter to DEA chief Asa Hutchinson, who wrote back saying federal law allows the feds to seize pot. San Jose police Chief William Lansdowne was so annoyed by the raid that he withdrew his officers from the local DEA task force. Even Governor Gray Davis, who has been quiet on the marijuana issue, expressed concern over the feds' bust (Stein 59).

"In an era of privatization, it's shocking that the government insists on a monopoly so that it can choose not to provide marijuana to projects it doesn't like," says Rick Doblin,