Medical Marijuana and the Government

One of the most heated debates in the United States today is the use of medical marijuana. A few states have and have begun to legalize the drug for medical purposes such as to mitigate intolerable pain and to reduce anxiety. Recently the Federal Government has cracked down on prescriptions of cannabis and has sparked even more debate on what should be done to resolve this outstanding issue. Marijuana can be a very vital medicinal drug for patients and outlawing prescriptions and arresting people for using it for the intended purposes is wrong and new legislation should be passed in order to resolve these issues.

In 1936 the United States passed the Marijuana Tax Act the criminalized marijuana. Furthering this act, the United States passed the 1970 Controlled Substance Act which set a schedule list for drugs. In this piece of legislation, marijuana is listed as a Schedule 1 drug, which means that it has a high potential for abuse, it is not accepted as a medical treatment in the United States, and there is a lack of safety in using the drug under medical supervision.[1] Schedule 1 drugs are also not allowed to be prescribed by doctors. Both of these laws are cited by the United States Congress as reasons to why the drug should not be used for medicinal purposes. However, there is an even more important piece of legislation that the federal government uses to protect and back its stance on minimizing the use of the drug.

Article I of the United States Constitution provides the Commerce Clause. The Commerce Clause allows the United States Congress the ability to regulate commerce with among other things, the states. This Clause was the main issue in the Supreme Court case Raich v. Gonzales (renamed after Alberto Gonzales took over the Attorney General position from John Ashcroft). Angel Raich was allowed to use medical marijuana under federal law but Ashcroft appealed to the Supreme Court.[2] The Supreme Court's decision held the Commerce Clause in saying that Congress was allowed to ban the use of marijuana even in states where it is used for medicinal purposes. Another case from 2004, one that did not reach the United States Supreme Court, was ruled by the Ninth Circuit Court of Appeals that the use of medical marijuana had no effect on interstate commerce when grown locally under a physicians advice.[3]

In 2002, Bryan James Epis was tried in federal court for growing marijuana for medicinal purposes for himself and four other patients and was sentenced to the mandatory 10-year sentence.[4] The issue arrives in the fact that Epis was operating within the codified laws of the state of California but not within the laws of the federal government. Something needs to be done to clear up the confusion between state and federal laws.

Another issue arrives concerning the First Amendment right to freedom of speech. Doctor's are contending that under the First Amendment of the United States Constitution they are allowed to discuss any and all treatment options with their patients. The government completely agrees with them on one point, but claims that the Amendment does not allow the doctors to facilitate "the unlawful distribution, possession, or cultivation of marijuana in violation of federal law.[5]" As long as they stay within the confines of the Controlled Substances Act they are allowed to give their professional opinion, even if state laws constitute them more leeway.

In my opinion marijuana should be legalized for medicinal purposes because it mitigates pain in patients and can reduce stress for people with anxiety issues. Our prison system is at capacity and a large percentage of inmates are booked on counts of possession of marijuana, and in some cases even when it was prescribed to them by a doctor. Dissenters can argue that people that have a tendency to use the drug may also have the mindset to use more dangerous drugs and/or the ability to commit other crimes. However, you cannot arrest somebody under the suspicion that they may or may not commit more crime due to their present habits.

The best possible solution in this case is to regulate marijuana and make it legal; much like the government did when they repealed the Prohibition and the Eighteenth Amendment with the Twenty First. Medicinal marijuana would be the main use of the drug and legislation should be passed in order to achieve a uniform set of laws at the federal and state levels so that citizens are not confused as to what laws they should listen to. As for the recreational use of the drug, its priority should remain on the back burner to medical use. If there is a way to make people more comfortable and cure or at least mitigate such diseases as anxiety, post-traumatic stress disorder, depression, or anti-social behavior is should be implemented. As for more dangerous drugs that have been shown to be the cause of deaths and serious injuries, like cocaine and heroin, these drugs should remain criminalized and policed.

In conclusion, the past has shown us that the federal government always has precedent over state government and in the case of medical marijuana it is unprecedented to think that state government laws will overrule the federal government. It is necessary however for the federal government to listen to the voices of its citizens and provide a comprehensive plan for regulating the drug. When both the federal government and the states come on to the same page, this confusing litigation will cease to exist and one way or the other the country will have a set of laws that is consistent and not confusing.

Works Cited

Christenson, Vonn. (2004). Courts Protect Ninth Circuit Doctors Who Recommend Medical Marijuana

Use. American Journal of Law & Medicine and Harvard Law & Health Care Society, 174-177.

Court will not reconsider medical marijuana ruling. (2004, March 15). Alcoholism & drug Abuse Weekly.

Government Files Defense of Medical Marijuana Position. (1997, March 10). Alcoholism & Drug Abuse

Weekly.

Man receives 10-year sentence for growing medical marijuana. (2002, October 21). Alcoholism & Drug

Abuse Weekly.

Supreme Court to hear medical marijuana case. Alcoholism & Drug Abuse Weekly.

[1] Christenson, Vonn. (2004). Courts Protect Ninth Circuit Doctors Who Recommend Medical Marijuana Use. American Journal of Law & Medicine and Harvard Law & Health Care Society, 174-177.

[2] Supreme Court to hear medical marijuana case. Alcoholism & Drug Abuse Weekly.

[3] Court will not reconsider medical marijuana ruling. (2004, March 15). Alcoholism & drug Abuse Weekly.

[4] Man receives 10-year sentence for growing medical marijuana. (2002, October 21). Alcoholism & Drug Abuse Weekly.

[5] Government Files Defense of Medical Marijuana Position. (1997, March 10). Alcoholism & Drug Abuse Weekly.