Legalizing Marijuana on The Federal Level - Research Paper Example

Legalizing Marijuana on The Federal Level Introduction Marijuana is considered to be a psychoactive drug that is illegal on a Federal level, yet medical personnel believe it to have many therapeutic uses and benefits. Though Though many countries have passed laws against the use of Marijuana, there is a vast growing population of people who are medically treated with Marijuana. Research studies show that after a standardized medical examination for patients suffering with intense pain, anxiety, deep depression and insomnia, physicians recommended the use of medical Marijuana. (Reinarman, C. et al., 2005) According to Reinarman (2005) research is yet to pin point the source of addiction, because, as a disease, addiction ‘“is a different species of social accomplishment” (Reinarman, 2005, p. 308) as its roots lay in political- institutional, historical and interactional achievements. . In Reinarman’s opinion, Addiction is ‘real’ to those who experience it and this does not imply that it is in any way therapeutically hollow, especially in the case of the drug Marijuana, which has proved to be very important and helpful to terminally ill patients. So there are opposing sides to this ethical problem which will be discussed in this paper. On one hand we have. Physicians making use of the Marijuana drug for treating terminally ill patients and on the other hand we have the legal system framing laws against its usage. Though it poses a social problem and is looked upon as a disease, 3 yet there is no getting away from the fact that Marijuana possess a therapeutic value as far as the medical fraternity is concerned. Presentation of the Problem and Solutions The problem here is two opposing parties on one issue which is the use of the Marijuana drug. On one hand, we have patients being administered Marijuana to relieve them of their pain, anxiety and to increase their appetite and opposing this view, we have the Federal System taking action against it by passing laws against its use by punishing offenders with heavy fines or prison terms for using, manufacturing, producing and selling of this drug because according to the law it is considered illegal. Some of the key concepts expressing the usefulness of Marijuana are patient car relief of pain anxiety and depression, bringing stability to patients and increasing their appetite so they can improve their health condition. One of the key terms used in this context is the term ‘therapeutic’ which means the Marijuana drug though considered illegal has its own beneficial uses especially for patients who are terminally ill. Research studies in California, on the assessment of Marijuana have proved that the drug has therapeutic potential and can be made use of by physicians for the treatment of patients who are very sick. (Reinarman, C. et al., 2011) After making a thorough 4 assessment an evaluation was carried out by incorporating the drug in the treatment of patients suffering from deep depression and anxiety and also for patients with acute pain, anxiety and insomnia. The studies concluded that Marijuana is a useful drug in the treatment of terminally ill patients and those suffering with intense pain and depression. It also helped to increase the appetite of such patients and served to bring a sort of relief to them and also some stability into their lives. (Reinarman, C. et al., 2011) There are two stands on this issue – while one views it to be harmful and illegal, the other views it to be helpful in treating patients. This problem could be solved if the legal system understands the necessity of physicians using this drug to treat their patients and they could come out with strict laws that limit the use of Marijuana only for rare cases who are unable to cope without it. The arguments of both sides seem genuine in their assumptions. On the medical side point of view, physicians feel that using this drug would help their patients to a great extent by relieving pain and increasing the appetite which in turn would help them get better soon. From the legal point of view, they feel that this drug is harmful to anyone who takes it and as such should be banned from usage. Death penalty is mandatory when a person is convicted for manufacturing and distributing the drug and when the act is a continuous on going process. As part of any criminal enterprise, if a defendant is the leader or chief organizer or administrator he 5 would be served the death sentence. If an individual is found to be with Marijuana worth 60,000 kilograms or 60,000 Marijuana plants he is convicted and is not eligible for parole by any judge. (Federal penalties, Norml) Statutes have been framed and issued in 19 states, some of whom are California, District of Columbia, New Mexico, New Jersey, Washington, Massachusetts and many others. In the wake of these statutes being passed, the next five years would see a great increase in the Marijuana markets. This industry will be forged ahead due to two factors. The first factor is that the number of legal patients would witness a steady rise, and secondly, the medical Marijuana users would be accommodated by the state by adopting the rules and regulations that govern the selling of medical Marijuana. Medical Marijuana Caregivers, Web, (2013) Multiple interviews and over 300 survey responses from individuals who were part of the medical Marijuana industry and the information in this report was issued by ‘See Change Strategy LLC’, which highlighted the fact that in the United States there were over 24 million patients who were believed to have severe medical conditions that made them eligible to use the drug. After a thorough examination by the medical staff, and if their symptoms were found to be crippling, then the physician in charge recommends the use of Marijuana to bring relief to such patients. Medical Marijuana Caregivers, Web, (2013) Among the 24 million suffering patients, about 730,000 have received the recommendation and now use Marijuana for therapeutically treating them. 6 Since these patients have to use this drug on a regular basis, they either cultivate it themselves or make use of a Marijuana caregiver or obtain the drug from a dispensary that is state operated. Medical Marijuana Caregivers, Web, (2013) Medical Marijuana is administered only to patients who qualify with severe medical conditions and this system is being carried out nationwide. Patients suffering from diseases such as AIDS, Cancer, Multiple Sclerosis and many other diseases or even chronic pain are eligible for the use of this drug. Recent studies have shown that the Marijuana industry is booming annually to the tune of 120 billion dollars, due to the increase of Medical Marijuana patients. From the time the Obama Government has de-prioritized Marijuana prosecutions of people at the Federal level, throughout the nation, businesses of cultivating, distributing and selling of this drug to medically qualified patients, have sprung up everywhere and are thriving with high profits. The Marijuana markets that are most active and making the highest profits are indicated in the ‘State of the Medical Marijuana Markets 011’. Medical Marijuana Caregivers, Web, (2013) Laws on Medical Marijuana vary between states and are periodically amended. Caregivers of Medical Marijuana are defined as those individuals who are permitted to possess, cultivate and supply the drug to patients who are medically qualified and eligible for its use among the qualifying states. However, there is no doubt that undermines the fact that in such a case, it might become accessible to other people who just want to experience the THC high that it has. It is also a fact, that there are other drugs that are 7 even more dangerous than Marijuana which are approved by the Food and Drug Department, (FDA). Such drugs are being prescribed by physicians and sold through pharmacies in America on a daily basis. The Cancer Council NSW believes that where other conventional methods of treatment are unsuccessful, the use of Marijuana benefits cancer patients by relieving them from nausea and vomiting. In patients who are suffering with severe pain, the drug is used as an analgesic to reduce pain. In patients experiencing muscle wastage and loss in weight, Marijuana is used to stimulate the patient’s appetite and help them to regain their health by eating well. Though the synthetic form of the drug which is delivered orally in the form of a spray is advantageous for delivering relief in the patient’s symptoms, smoking or inhaling the smoke of the drug is harmful because the carcinogenic substances are harmful to the lungs of the patient. Therefore, the Cancer Council lends their support currently for the clinical trials of oral spray of Nabiximols which is a synthetic product of Marijuana and recommends the same for all their patients with severe pain from advanced cancer. Cannabis Fact Sheet NSW Government Health; (2011) However, the adverse effects of the drug in its natural form cannot be negated. The use of Marijuana in its natural form is quite harmful as it leads to anxiety, paranoia and loss of inhibition and memory. Such patients find difficulty in concentrating on anything and experience dry mouth and throat together with nausea, vomiting and 8 hallucinations. Those patients with chronic use of Marijuana increase their risk of diseases such as lung cancer, bronchitis, and other respiratory problems and experience a loss of memory. Cannabis Fact Sheet NSW Government Health; (2011) According to the NSW Fact Sheet (2011), the use of synthetic form of Marijuana is highly beneficial to terminally ill patients. Three of the chief synthetic forms are Dronabinol, a synthetic form of THC; • Nabilone, a synthetic form of THC; and • Nabiximols, a chemically pure 50:50 mixture of THC and CBD Cannabis Fact Sheet NSW Government Health; (2011) which are used for medical purposes on terminally ill patients for stimulating their appetite, relieving pain when conventional treatments fail, for reducing nausea and vomiting in chemotherapy patients and for patients with neurological disease such as Multiple Sclerosis. In a follow up review program that was conducted involving the adverse effects of the use of synthetic cannabis products, it was found that any adverse events involving urinary tract infections had a minimal risk. However, adverse events which were not so serious like dizziness, nausea, dry throat and mouth and anxiety have been associated with its usage. Many users take the drug in hand- rolled cigarettes called joints, while some mix tobacco in it before smoking, or smoke it through water pipes known as bongs. There are still other users who ingest it by mixing the drug with food stuff such as cakes and cookies, or even brew it like tea. Cannabis Fact Sheet NSW Government Health; 2011, pg. 3) Patients usually are administered Dronabinol and Nabilone through capsules 9 given orally, while Nabiximols is administered orally into the mouth of a patient because it is in the form of a spray. (NSW, pg. 4) Health authorities in Australia are skeptical about the use of the smoked form of the drug because research has shown that this form has about ‘50 of the same carcinogens as tobacco’ (NSW, pg. 4) and is not good for therapeutic use. Patients in the U.S and the U.K do not use the drugs Dronabinol and Nabilone, because they have to be taken orally and it is not so beneficial because their bodies are unable to absorb it well. However, Investigations are being made about the oral spray Nabiximols to find out its therapeutic value and the effect it has on patient care. If the spray system of the drug is found to be very useful then this may become the preferred synthetic option for patient use, the reason being that this spray delivery system inhibits THC from merging into the blood stream at a fast rate. (NSW, pg. 4) The spray system of Nabiximols minimizes the effects of THC as well as other psychologically related problems while enhancing its benefits. (NSW, pg. 4) The United Nations ‘Convention on Narcotic Drugs (1961) have joined hands internationally with many countries in a bid to combat drug abuse. To fulfill this goal they have greatly limited the use, possession, manufacture, production, distribution, trade by export and import unless it is used for Scientific or Medical purposes. This was done to inhibit drug traffickers. The UN also made a distinction of the drugs which were harmful and prohibited, but made allowance for drugs such as Marijuana because it was 10 beneficial and used for medical purposes. (The United Nations’ Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988) According to the Australian Federal Law, Cannabis is considered to be an illicit drug, particularly in the ‘Traffic in Narcotic Drugs and Psychotropic Substances Act of 1990’ and its cultivation is prohibited. The Therapeutic Goods Administration (TGA) has not as yet approved the natural and synthetic form of Cannabis for patient care in Australia. However, in August 2000, the NSW Working Party recommended the use of Cannabis till safer methods are found for patients who were terminally ill. The World Health Organization (WHO) has also acknowledged the therapeutic benefits for patients who were in the advanced stages of cancer, but however, WHO petitioned that there is a necessity for further research in that area to meet the therapeutic value of Marijuana to very sick patients in care. In 1999, the U.S Institute of Medicine made an intensive and extensive investigation into the medical benefits of the drug and proposed a number of salient recommendations given below – Ongoing research should be carried out to gauge the psychological effects of cannabis on the body. To develop safer delivery systems and clinical trials for management of patient symptoms on these drugs should be carried out. 11 In the U.S, since 1985, cannabis products that are synthetic are made available for patients with cancer and these have been approved for use by the FDA (Food and Drug Administration). However, ongoing research and testing are being carried out to gauge effectiveness of the drug Nabiximols. (NSW, pg.6) In 1998, in the U.K recommendations for urgent clinical trials were made regarding the use of natural cannabis for patients suffering from chronic pain and multiple sclerosis. The House of Lord’s Select Committee on Science and Technology recommended that research needs to be carried out to find alternate methods to administer the drug to patients for quick absorption but with no side effects. (NSW. Pg.6) Moral Reasoning In order to understand if the solution to any problem is right or wrong, one has to use moral reasoning. In this respect, an American Psychologist, Lawrence Kohlberg (1927 – 1987) has devised a code of moral reasoning based on six consecutive stages which helps an individual to arrive at the right solution. Kohlberg’s study of 1958 broke through barriers of the positivists and the behaviorists by presenting the theory of moral reasoning that was based on Science and moral values. It is Kohlberg’s theory of moral reasoning that serves to inspire and influence current research. 12 Kohlberg’s six stages of Moral Reasoning (Kohlberg, 1998) are divided into three levels, with each level comprising of two stages. The first level is called the pre-conventional level that involves an ego- centric or an individualistic perspective. The second level is the conventional level where an individual makes a choice from the stance of a ‘member of society’. Here the good of others is taken into consideration with positive outcomes and within societal rules. The third level is the post-conventional level which makes use of ideals that are abstract and has precedence over the laws of society. Considering Kohlberg’s three levels of moral reasoning, I would choose the second level which is the conventional level. I would place the problem of both opposing sides of whether or not to legalize the use of Marijuana for medical purposes and look at it from the perspective of a member of society. Since I have a responsibility as a member of society, I understand that using the drug Marijuana for medical purposes is not wrong as it is for the good of the patients who are terminally ill. Hence, Kohlberg’s Conventional level would be my choice on deciding the moral aspect of the existing problem because of its positive outcomes. Conclusion In conclusion I would say that every nation has a moral responsibility towards safeguarding its citizens. Considering that Marijuana, besides being used as a helpful drug for terminally ill patients, also has a downside to its use. It is an illicit drug that is pungent and has a sweet-sour odor and taken in its natural form is quite harmful to the 13 body because Marijuana is responsible for distorting an individual’s perception, impairing movement, coordination and disrupting memory. However, the therapeutic benefits for patients who are terminally ill cannot be refuted. Research studies have proved that Marijuana taken or administered in a synthetic form is less harmless, but more beneficial to patients suffering from acute pain, Cancer, AIDS and Multiple Sclerosis to relieve pain, depression and anxiety, to control vomiting and to increase appetite. Hence using moral reasoning, I strongly feel that the drug Marijuana should be banned for normal people but should be allowed to be made use of for serious patients in medical care. My ethical judgment and decision would serve to cater to both the opposing sides. While the ban on this drug would be useful for normal people to keep safe from its dangers, the patients would still benefit from its usage by physicians administering the drug to them in a synthetic form and enhancing their quality of life. Cancer Council NSW recommend the use of synthetic cannabis products in spray form, for patients undergoing chemotherapy as it inhibits nausea and vomiting to a great extent. They do not recommend smoking in its natural form because it exposes them to dangerous carcinogens which have an adverse effect on them. However, ongoing research is been done in various countries to find alternate means of relieving the symptoms of terminally ill patients. This solution is based on social responsibility in the sense that it is helpful to both parties. References Cannabis factsheet. NSW Government Health.; (2011) [cited 2012 May 11]. Available from: http://www.health.nsw.gov.au/factsheets/drugandalcohol/marijuana.html Federal Penalties- NORML, Working to Reform Marijuana Laws, Web, 2013 www.norml.org Kohlberg’s Theory of Moral Reasoning. (1998) Web, May, 2013 www.healthline.com Medical use of Marijuana – Cancer Council NSW www.cancercouncil.com.au Marijuana- National Institute on Drug Abuse (NIH) Drug Facts: Marijuana, Web, Dec. 2012 www.drugabuse.gov Medical Marijuana Caregivers, The Growth of the Medical Marijuana Industry, Web, April, 2013 www.marijuana-caregiver.com/ Reinarman, C. et al., (2011) Who are Medical Marijuana Patients? Population characteristics from nine California assessment clinics. J Psychoactive Drugs. 2011 Apr-Jun;43(2):128-35. Reinarman, C. (2005). Addiction as accomplishment: The discursive construction of disease. Addiction Research and Theory, 13(4), 307-320. Read More