Legalizing Marijuana in the United States - Research Paper Example

Legalizing Marijuana for Medical Reasons Marijuana, a drug that has been recorded throughout history as relaxant, mood elevator and aid for pain, however, it is still a drug that the government knows a very little about. The Food and Drug Administration did an extensive research into the properties of marijuana and concluded that many more years would be needed to ascertain the true medicinal value of the drug. On the other hand, many feel that since billions of dollars are spent on the war against drugs and that many go to prison for drug offense, these drugs should be legalized. (Vaughn, 2005) Also medicinal issues are raised in this regard and these also provide enough reason for legalization of the drug. Legalizing marijuana is an extremely contentious issue in the United States today.  Many view marijuana as a getaway drug with no therapeutic or medical value; however, the medical community wants marijuana legalized to treat patients with a multitude of medical and mental conditions. Significance or importance I. Legalizing marijuana is vital for treating medical conditions Marijuana finds its application in the field of medicines and many patients of cancer and AIDS find quick relief owing to the drug. Diseases like arthritis, multiple sclerosis, epilepsy, and depression can also be treated with the help of this drug. Reports often reveal that marijuana has not only been able to improve the effects of prescriptions drugs, but also eradicates the negative impact of drugs sued for the treatment of cancer and AIDS. This was proved when the Compassionate Use Act of 1996 in California legalized the medical use of the drug. For several years the drug has been used for medical purposes. For instance in 1941, the drug has been used in the US Pharmacopoeia. Several challenges have been faced from the side of law with respect to the prohibition of the medical use of the drug encouraged government investigations and all these procedures have ensured the worthiness as well as the safety of the application of this drug in medicines. The chief administrative law judge of the Drug Enforcement Administration, Francis L Young, on September 6, 1988 declared after the required hearings: “Marijuana, in its natural form, is one of the safest therapeutically active substances known. The evidence in this record clearly shows that marijuana has been accepted as capable of relieving the distress of great numbers of very ill people, and doing so with safety under medical supervision. It would be unreasonable, arbitrary, and capricious for DEA to continue to stand between those sufferers and the benefits of this substance in light of the evidence in this record.” (Eidelman and Voth, 2002) The above declaration may prove to be the ideal evidence for the utility of marijuana in medical science. A study carried out at the John Hopkins University of Baltimore deals with the impact of the drug on the cognitive status. 1318 participants were chosen for the survey and tenure of 15 years taken. The report found no significant variations in the decline of cognitive performance according to the degree of use of cannabis. The results also showed that there is no long-term impact of the use of cannabis on cognition. It has also sometimes been suggested that if marijuana is used for a long term, it might lead to cancer in the lungs but no study has been able to provide any proof against this claim. According to John P Morgan of City University of New York Medical School, “We are some 30 to 40 years into this marijuana epidemic and still have not seen evidence of pulmonary cancer in marijuana smokers.” (Eidelman and Voth, 2002) Even it may be safely said that emphysema or birth defects have no connection with marijuana. Therefore we may see that the benefits of the drug account more than its risks. Therefore the doctors should come forward and show courage and compassion towards their patients by fighting in favor of the application of the drug in medical treatments. Patients undergoing mood disturbances in case of Alzheimer and patients suffering from depression are also in a position to use marijuana for their purpose. Researches have proved that marijuana had been much safer than oral THC (marino). (Gieringer, 1996) II. The medical community also wants marijuana legalized Therefore many doctors have agreed upon the legal use of marijuana and would prefer to treat this as a palliative drug. Yet the opponents of this proposition disagree as they connect the use of marijuana with an illegal drug use and even suggest that it should not be legalized. This is also known as ‘gateway drug’, an illegal drug first used by adolescents. It is also a wrong notion that this is the first illegal drug or substance tasted by a drug user because such a person usually begins with alcohol or nicotine. Marijuana finds other applications in treatment of nausea, loss of petite, spinal injuries and even to deal with ocular pressure pertaining to glaucoma therapy. It might act as a substitute for other harmful drugs and illegal narcotics including opiates, alcohol and painkillers that are addictive in nature. (Joy, Watson, and Benson, n.d.) The prominent doctors of British Medical Associations (BMA) Scottish Regional Health Committee stood in favor of marijuana to be used in medical field. According to the George Venters, the chairman of the committee the fact that marijuana was addictive could not be proved – “I think more than half the population would support legislation if you laid out the evidence. (Medical Marijuana, 1999)” In fact the drug is gradually gaining an acceptance among the public as well. The ‘medical marijuana’ campaign has been adopted by voters in seven states besides Washington DC. This is going on despite the oppositions faced from the state, local and federal level as well as the community enforcing law. The movement, as pointed out by William Greider was led by a number of medical workers and patients affected by AIDS and cancer along with their families. The hospice physician of Seattle, Rob Killian talks about his experience with the drugs to Greider, “I saw I had to prescribe marijuana for my patients, and I saw that it worked….. All drugs have a dangerous side, but as physicians, we are trained to administer pharmaceuticals in a safe, appropriate manner. My patients who are suffering and dying are not criminals. (Barbour, 2000)” Political leaders would be pressurized by the drug policy institute to adopt a new approach to abuse and use of drugs. The director of the Lindesmith Center, Ethan Nadelmann justly says, “Those politicians who thought there was no cost to indulging in drug-war demagoguery may now find themselves in an argument with their own voters… They dont want to face up to that, but the American people will no longer be duped by such inflammatory language. (Barbour, 2000)” The Junior Doctors of the British Medical Association passed their vote in favor of prescribing medicines derived from marijuana. According to the doctors, the National Health Service should prescribe the drug in order to reduce the suffering of the patients. The group suggested the government to permit research for developing treatments with the help of cannabinoids, which is the active component of the plant. These junior doctors were at the post graduation level and had already received medical degree. The vote was passed after the Scottish General Practitioner and prominent member of the BMA, Dr. Andrew Thomson came to know about a patient suffering from terrible pain. This woman was undergoing multiple sclerosis but despite insistence she refused to take marijuana since it was a criminal offense, which she did not want to commit. Likewise there were several patients who would feel better if marijuana is given to them but only because it would also make them criminals, the doctors could not allow the dose – “A lot of our patients turn to using cannabis to try to relieve their pain -- lets not make them criminals.” (Drug War Chronicle, 2007) With regard to the condition of the woman, the doctor said, “It was frustrating to see it but I could not encourage her to use it…. I know what is best for my patient potentially but I am not allowed by the system to use what would relieve the suffering” (Drug War Chronicle, 2007) III. Marijuana is less hazardous than other illicit drugs The doctors point out that if banning the drug from medical use needs to be considered seriously owing to the danger of toxic substances, then it would be unfair to keep away alcohol and its derivatives from the ban zone. Dr. Venters says, “There is much more damage done by smoking [cigarettes] and alcohol than by cannabis. That is the issue” (Medical Marijuana, 1999). Also, as Brian Potter, the secretary of the association suggested that the focus needs to be put on other harmful substances which are even more damaging than marijuana, ” What [the committee] is trying to say is that there are other dangerous drugs which are legalized and cause a lot more deaths. Certainly in Scotland, 35 people a day die from tobacco use. Maybe we should be focusing on that rather than putting our energies on cannabis.” (Medical Marijuana, 1999) According to Dr. Venters, preventing the use of marijuana in medicines would not be just and the drug should at least come up as a topic of discussion by the medical professionals. Although using this for medical purposes will make it a political issue as well, the topic still should not escape discussion. Being a consultant in the field of public health medicine, he emphasizes upon the fact that marijuana is not in the same league as the other drugs like heroin and cocaine although it is kept at the same level as far as the legal scenario is concerned – “Cannabis has been around a long time.  Its not addictive, its not in the same league as these other drugs.” (Tinkler, 1999) Deaths due to alcohol overdose are very common and often in the news, but deaths due to overdose of marijuana are rare incidents. Hence alcohol is directly responsible for the deaths of several people in America every year. For instance in the year 2001, there were 331 deaths due to alcohol overdose while there was no death due to marijuana overdose in the same year. Too much use of alcohol for consumption is associated with adverse health conditions like cirrhosis, various cancers, unintentional injuries, and violence. The number of alcohol-induced deaths is 20687 in 2003. This figure excludes accidents and instances of homicides. Bennett (2003) points out how several deaths have occurred due to other causes but attributed to marijuana. He pointed towards an observable aspect regarding the deaths that none of those deaths were reported to have been caused by over poisoning or overdose. This also points towards another aspect, the drug is non-toxic in nature. Estimates show that around 40,000 times of effective dose would be required to cause death. If a patient uses alcohol for a long term, it is more harmful towards his health rather than the long-term use of marijuana. However the risks cannot be denied in case of cannabis smokers. Yet comparing to other drugs used for recreation, marijuana is relatively safe. IV. There are a multitude of reasons to decriminalizing marijuana People who speak in favor of decriminalization of marijuana actually make a comparison between the present status and what might happen due to prohibition. A number of people profit from the legalization of marijuana. Many argue that once it is decriminalized, resources of the government may be diverted from pursuing of prosecution and incarceration of marijuana takers. (Friedman, 2003) Not only will it reduce overcrowding in prisons, but also free resources to be used for research and development such that the drug might be considered for medicinal purpose. Above all, crimes related to drug use would reduce. It is time to look at the abuse of drugs and its prevention in a different way than usual. Drug addiction should be taken as an issue of public health just like alcoholism and AIDS instead of a criminal issue. Instead of spreading fear, therefore, the public should be educated about the side effects of the drug. One needs to explain to the people the physiological as well as psychological impact of such drugs and addiction. Therefore it has been rightly said by Schultz, “Were not really going to get anywhere until we take the criminality out of the drug business and the incentives for criminality out of it.” (Drug War Chronicle, 2007) Decriminalizing the use of marijuana will only have a positive impact when people are properly educated and awareness is spread among the masses. Strict monitoring should be carried out over the children at home. A complementary policy suggested could be legalization of marijuana and decriminalization of other drugs along with free access to the treatment as well as needle exchange programs. V. Marijuana is legal in many other states, legitimating it as a legitimate medical drug Legalization of marijuana may be justified as follows –“Legalization—which would bring with it government controls—also would guarantee a safe supply of marijuana that is free of contaminants and of a known and consistent potency and price, rather than force users to deal with the underground economy. This is similar to the way that alcohol, tobacco and over-the-counter and prescription drugs are regulated. (Barbour, 2000)” Again it makes little or no sense at all to make the users of marijuana, an useful drug for the patients, into criminals. According to the NORML reform of marijuana laws, thirteen states have legalized the use of marijuana. A law removing the “state-level penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician advising that they "might benefit from the medical use of marijuana"”(NORML, 2004) was brought into effect in the state of Alaska on March 4, 1999 where fifty eight percent voters supported the Ballot Measure #8. Under this act the diseases for which use of the drug was permissible are: ‘cachexia; cancer; chronic pain; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea’. (NORML, 2004) Identification cards are issued to patients who qualify for the use of marijuana. The other states beside Alaska are California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. In California, the proposition 215 was approved by fifty six percent of the voters, which led to the effectiveness of the law from 6th November 1996. The law passed is similar to the case of Alaska but it introduces the term “‘written and oral recommendation’ from their physician. (NORML, 2004)” The ailments under the jurisdiction of this law are: ‘arthritis; cachexia; cancer; chronic pain; HIV or AIDS; epilepsy; migraine; and multiple sclerosis’ (NORML, 2004). The law was amended in 2003 when the California Legislature formed guidelines on how the drug should be used in terms of qualities and how medicinal marijuana may be cultivated and stored. A slightly different legislation was formed in case of Maryland where the affirmative defense law was passed in 2003. Here the use of drug for medical purpose would act as a ‘mitigating factor’. Therefore, if a patient can prove during the trial that his or her use of marijuana was for medicinal reasons approved by a physician then a fine restricted to $100 would be imposed. The law was passed in Washington on November 3, 1998. The patients taking marijuana had to provide a valid documentation from the physician. The diseases brought under the jurisdiction were ‘cachexia; cancer; HIV or AIDS; epilepsy; glaucoma; intractable pain (defined as pain unrelieved by standard treatment or medications); and multiple sclerosis’ (NORML, 2004). In 2008, the court specified guidelines regarding the use and possession of marijuana or cannabis – cultivation up to 15 plants and/or possession of ‘24 ounces of usable marijuana’ (NORML, 2004). The limit was adjusted again in November 2008. Concluding remarks In conclusion, we may therefore infer than legalizing marijuana solely for medical reasons would not be harmful to the society and would be rather beneficial. However a pre condition is that proper guidelines should be provided regarding the specific use in terms of quantity. Also decriminalization of the drug would require every citizen to be properly informed and aware about the pros and cons of marijuana. Again the argument of human rights may be brought forth and a patient should be allowed to decide based on certain conditions, what is good for him or her. Provided the physician permits marijuana to treat patients suffering from mental and medical ailments, the decision of using it should be left to the patient and the patient’s family. References 1. Barbour, S. (2000) "Drug Policies Should Be Liberalized" Current Controversies: Drug Legalization, San Diego: Greenhaven Press, available at: http://find.galegroup.com/ovrc/infomark.do?&contentSet=GSRC&type=retrieve&tabID=T010&prodId=OVRC&docId=EJ3010211214&source=gale&srcprod=OVRC&userGroupName=apollo&version=1.0 (accessed on December 10, 2008) 2. Bennett, B. C. (2003) "Drug-induced" Death, available at: http://bbsnews.net/bw2005-02-01.html (accessed on December 10, 2008) 3. Drug War Chronicle, (2007) Europe: British Junior Docs Call for Marijuana-Based Medicine Prescriptions, Stop the Drug War, available at: http://stopthedrugwar.org/chronicle/482/british_junior_docs_call_for_cannabis_on_NHS (accessed on December 10, 2008) 4. Eidelman, W. S, and E.A Voth. (2002) "Should physicians support the medical use of marijuana? (Point-Counterpoint). " The Western Journal of Medicine.  176.2: 76(2).  Available at http://find.galegroup.com/ips/start.do?prodId=IPS (accessed on December 10, 2008) 5. Friedman, M. (2003). South-Western College Publishing. Policy Debate: Should marijuana be decriminalized? Available at: http://www.swcollege.com/bef/policy_debates/marijuana.html. (accessed on December 10, 2008) 6. Gieringer, D. (1996). NORML Working to reform marijuana laws publication. Review of Human Studies on Medical Use of Marijuana. August, 1996. Available at: http://norml.org/pdf_files/ReviewofHumanStudies.pdf (accessed on December 10, 2008) 7. Joy, J., Watson, S., and Benson, J. (n.d.). NATIONAL ACADEMY PRESS Washington, D.C. Marijuana and Medicine Assessing the Science Base. Available at: http://medicalmarijuana.procon.org/sourcefiles/IOM_Report.pdf (accessed on December 10, 2008) 8. Medical Marijuana (1999), UK Physicians Call for Legalization of Marijuana, available at: http://ndsn.org/summer99/medmj3.html (accessed on December 10, 2008) 9. NORML (2004), Active State Medical Marijuana Programs, available at: http://www.norml.org/index.cfm?Group_ID=3391 (accessed on December 10, 2008) 10. Vaughn, J. (2005): Why marijuana should not be legalized, Available at: http://www.associatedcontent.com/article/13115/why_marijuana_should_not_be_legalized.html?cat=17 [accessed on 4th Novemeber] 11. Winkler, T. (1999) UK: Doctors Back Legalizing Cannabis, The Scotsman Publications, available at: http://www.mapinc.org/drugnews/v99.n657.a09.html (Accessed on December 10, 2008) Read More