Legalized Marijuana for Medical Purposes - Research Paper Example

Table of Contents: Page Number Introduction……………………………………………………………………3 The Rational of Medical Marijuana Legislation…………………………….4 The consequences of Medical Marijuana Legislation……………………….6 Possible solutions to the problems…………………………………………….7 Recommendations……………………………………………………………...7 Conclusion………………………………………………………………………9 Works Cited……………………………………………………………………10 Medical Marijuana Report Introduction Some states have legalized personal possession of small quantities of marijuana for medical purposes. The proponents of medical marijuana assert that it alleviates the nausea associated with chemotherapy. However, the federal law does not recognize these state exceptions and state laws still prohibit possession of large quantities of marijuana or distribution of the drug to even other lawful users. The scheme of enforcement creates confusion in the criminal justice system since the Controlled Substances Act (CSA) lists marijuana as a Schedule 1 controlled substance. The federal law considers marijuana a dangerous substance and illegal distribution and sale is considered a serious crime. The rate of non-medical use of Marijuana peaked in the 20th century due to societal changes and use of other related substances such as alcohol (Werner 7). The legal status of Marijuana changed over time with more progressive regulation due to high social disorder associated with the use of the drug. The federal government categorized Marijuana as a Schedule 1 drug, but individual states started passing their own legislation on medical use of the drug (Newton 107). Most of the legislations were aimed at research programs, but California State was the first to pass a legislation that provided for broad protection of patients and physicians in 1996. The states that have legalized medical marijuana claim that medical research has proved that marijuana is effective is relieving symptoms associated with chronic diseases such as loss of appetite, nausea, vomiting, and pain (Choo, Benz, Zaller, Warren, Rising, and McConnell, 160). According to federal perspective, the main chemical in marijuana is the delta-9- tetrahydrocannabinol (THC) and this chemical causes impaired coordination, memory problems and distorted perceptions. Other medical studies have shown that abuse of marijuana causes schizophrenia, acute psychotic reactions, low intelligent quotient in adolescents and high risk of heart attack. The paper will examine the rationale of medical marijuana legislation, the related consequences and potential solutions of the problems created by medical marijuana legislation in states. The paper will make recommendations that should be implemented by the criminal justice system in order to curb the problems posed by the continuing state medical Marijuana legislation. The rationale of medical marijuana legislation 23 US states and the District of Columbia have legalized medical marijuana. The states laws aim at ensuring protection against criminal penalties for use of marijuana for medical purposes. The double-blind human studies published by the European Journal of neurology in 2011 showed that sativex improved spasticity in patients who had previously failed to respond adequately to other antispasticity medications. Accordingly, Ware, Mark (2010) found out that single inhalation of herbal cannabis three times for five days improved sleep and reduced chronic neuropathic pain. David Rog (2005) concluded that cannabis-based medicine is effective in treating difficulties in sleep and pain in patients suffering from multiple sclerosis. Braga Raphael (2012) conducted human studies in 2012 and reported that cannabis use has positive effect on cognitive functioning in patients with severe psychiatric problems while Pletcher Mark (2012) concluded that occasional marijuana use has beneficial effects on mood, appetite and pain control (Newton 108). However, other studies have reported negative effects of marijuana such as Anglin Deidre (2012) human study that identified early development of schizophrenia spectrum disorders for early cannabis use and Feinstein Anthony (2011) human studies that indicated poor information processing, loss of memory and poor visuospatial perception among marijuana users. The short-term health effects of using Marijuana have been identified as distorted perception, loss of motor skills, anxiety, dry mouth, bloodshot eyes, and impaired driving (Werner 10). Marijuana is a highly addictive drug that causes uncontrollable craving even during negative social and health consequences. The current research shows that about 10 percent of the users get addicted with the rate of addiction being higher if the user starts at an early age. The addiction rates of daily users range between 25 to 35 percent. The long-term abusers experience adverse withdrawal symptoms such as anxiety, irritation, lack of sleep and decline in appetite (Lynne-Landsman, Livingston, and Wagenaar 1501). The vast majority of Americans do not use marijuana and only 18 million Americans aged 12 years and above reported using marijuana in the past month in 2011. Accordingly, 58 percent of Americans have never used marijuana, but the average age of individuals who use marijuana is 17 years thus indicating high likelihood of access to illegal marijuana among youths (Newton 78). Although not all medical marijuana users acquire identification cards, it is estimated that 2,434, 192 medical marijuana users exist in the US. California, Colorado and Washington have the highest number of medical marijuana patients at 572, 762, 111, 804 and 103, 444 respectively (Werner 68). Based on average, 7.7 patients per 1,000 would be legal marijuana patients if marijuana was legalized across all the 50 US states and the District of Columbia (Choo, Benz, Zaller, Warren, Rising, and McConnell, 163). Medical Marijuana legislation mainly covers four regulations with the first being the creation of a state registry or identification cards for the patients. All states require physician’s approval and identification cards with exception of Washington. The state legislation requires the individuals to provide their personal identification information and show the medical diagnosis statement from the physician that has recommended medical Marijuana for treatment of the medical condition (Werner 197). The second aspect is the practice of medicine that includes the regulation of the physician-patient relationship, the disease limitations and safeguards from disciplinary action. The legislation provides for restrictions on the form and amount of cannabis that can be obtained for each visit to the medical facility. For instance, states such as Mississippi and Florida have provisions that provide for limited access to Marijuana with low THC. According to various state laws, the drug can be used in the treatment of medical conditions such as post-traumatic stress disorder, Alzheimer’s disease, and amyotrophic lateral sclerosis (Werner 92). The third aspect of the legislation is the access to Marijuana and includes provisions on the possession and cultivation controls. The fourth aspect is the legal protection or defenses against prosecution. The consequences of medical marijuana legislation Medical Marijuana is legal in 23 US states and the District of Columbia. States such as Colorado and Washington have legalized marijuana for recreational purposes thus opening up loopholes for other related crimes such as access to the drug by minors, trafficking and marijuana cartels. The state of Washington passed Washington Initiative 502 that legalizes Marijuana possession and sale to adults aged 21 years and above for recreational persons and has provided for taxation of Marijuana cultivation and sales. Medical Legislation might make the drug cheaper and more accessible since the laws allow for cultivation of small quantities of the drug. Medical legislation of Marijuana will reduce the toxicity and harmful perceptions associated with the drug thus increasing the social acceptability of the drug among adolescents. The laws that label Marijuana as a medication for chronic ill patients might increase the recreational use of the drug among terminally ill patients. Although there are few people in federal prisons for marijuana related offenses, there is significant increase in the number of prisoners in state jurisdiction for drug related offenses. In 2008, 18 percent of prisoners in state jurisdiction were sentenced for drug related offenses while 1 percent of the state prisoners were marijuana possession offenders (Newton 102). The cultivation of marijuana has negative environmental impact since it affects wildlife and other vegetation. The cultivation leads to contamination of the ecosystem through the use of chemicals, diversion of natural water courses and eradication of the native vegetation. Possible solutions to the problems Some experts have asserted that legalization of marijuana will eradicate the problem of illegal use. However, legalization will lower the prices and increase the access of the drug by minors since cartels and unregulated markets will spring up across all neighborhoods in the country. The federal government should encourage the state governments that have legalized medical Marijuana to monitor and control the cross-state distribution thus preventing the diversion of Marijuana from states where it is legal under state law to other states. The federal government should limit the cultivation and distribution of Marijuana through requiring the financial institutions to impose stringent regulations and credit terms to Marijuana-related businesses. Recommendations The federal government position on marijuana is based on scientific and clinical trials by the Food and Drug Administration (FDA) and raw marijuana does not meet the safety and efficacy standards for legalization. According to the Controlled Substances Act, Marijuana is a Schedule 1 drug and cultivation or sale of the drug is a felony. The possession for personal use is a misdemeanor and cultivation of at least 100 plants attracts a mandatory minimum jail term of five years. American Medical Association (AMA) continues to call for more research on cannabinoids and has not endorsed the drug for treatment of any medical conditions or use for state-based medical cannabis programs. It is evident that the federal government has relied on the state law enforcement agencies to enforce their laws on medical Marijuana as the Department of Justice (DOJ) has not taken keen interest in prosecuting individuals found in possession of smaller quantities of Marijuana for personal use. The criminal justice system should prevent the distribution of Marijuana to minors and teenagers in order to control the number of new users. The enforcement measures that limit the access by children should extend to the use of the substance in areas associated with minors such as near schools or advertisements of Marijuana-infused products in a manner that attracts the interests of minors. The federal government has a duty to regulate the cultivation and possession of Marijuana. The criminal justice system should control the use of guns and violence in cultivation and enforcement systems should be implemented in order to control the quantity of substances that an individual can poses in their property. The Department of Justice (DOJ) should focus efforts in preventing revenues from the illegal sale of the drug being channeled to other criminal activities such as financing violent groups and gangs in the society. The financial institutions should be empowered to investigate suspicious records in order to prevent the state-authorized Marijuana from being utilized as a pretext of other criminal activities. If the state laws are not stringent enough to control illicit distribution of Marijuana, the federal government should bring in additional enforcement and criminal prosecutions. DOJ should prevent Marijuana use in public places and federal property and take measures to prevent the cultivation of Marijuana in public land. Marijuana cultivation poses serious threats to the natural environment and the federal government has a duty to safeguard the health of its citizens through preventing cultivation of Marijuana in public lands. The criminal justice system should implement measures of tackling the increase in adverse public health consequences of medical Marijuana legislation such as preventing drugged driving or access of firearms by users of Marijuana. Conclusion Although many states have legalized marijuana for medical purposes, the use of marijuana still remains illegal under federal laws and state laws should not override the federal enforcement priorities such as protection of the minors from accessing marijuana. The state laws that authorize medical Marijuana pose serious public threats to public health and safety and State governments have an obligation of ensuring effective and strong regulatory and enforcement framework that limits the unauthorized access and distribution of the drug. Works Cited: Choo, Esther., Benz, Madeline., Zaller, Nikolas., Warren, Otis., Rising, Kristin and McConnell, John. (2014). ‘The Impact of State Medical Marijuana Legislation on Adolescent Marijuana Use’, Journal of Society for Adolescent Health and Medicine, Vol 55, Issue 2, pp 160-166. Lynne-Landsman, Sarah., Livingston, Melvin and Wagenaar, Alexander. (2013). ‘Effects of State Medical Marijuana Laws on Adolescent Marijuana use’, Journal of American Public Health Association, August, Vol 103, Issue 8, pp 1500-1506. Newton, David. Marijuana: A Reference Handbook. New York: ABC-CLIO. 2013. Werner, C. Marijuana Gateway to Health: How Cannabis protects US from Cancer and Alzheimer’s Disease. New York: Dachstar Press. 2011. Read More