Assessing Legitimatize Marijuana - Research Paper Example

Running Head: Proposition 215 Purposes, Major Players And It’s Eventual Outcome School Name: Marijuana is a widely used drug whose possession and use still remains illegal in many countries of the world. However the drug has some medicinal value and certain groups of individuals are fighting for it to be legalized. Food and Drug Administration approval clearly indicates that Cannabis/Marijuana contains some accepted medical purposes. For years Marijuana has been used as medicine around the world. The dreaded ‘weed’ constitutes approximately sixty Cannabiniods i.e. Cannabidiol (CBD), which is not psychoactive, and tetrahydrocannabidol (THC) which remains psychoactive. In addition the plant contains other substances in small amounts, for example, terpenes and flavonoids most of which possess therapeutic potential in their own right. (John, 2004) Cannabis and Federal Law In the United States for example, it is the state law that determines when and whether a psychoactive substance with potential for abuse can be made available to the public for general medicinal use. Food Drug and Cosmetic Act (FDCA) and Federal Controlled Substance Act remain the two primary statutes governing this field. All this led to the initiation of the Proposition 215. (John, 2004) Proposition 215 This was enacted in month of November 1996 by fifty six percent of the electorate and stood in severe disparity to the narrow constriction of federal law. Proposition 215 permits a patient’s caregiver as well as a seriously ill patient with written approval or oral recommendation from a doctor to cultivate and posse’s cannabis for medicinal use. Proposition 215 abrogates the criminal laws of the state which makes illegal the possession and cultivation of Cannabis since they apply to only the primary caregivers as well as the seriously ill persons. The state has the mandate to abolish it’s own laws without interference with the supremacy act. Though proposition 215 conforms with the federal law, Doctors, Cannabis dispensaries, Patients and caregivers may find themselves at the risk of federal prosecution even after acting in accordance with proposition 215 purpose and text. (John, 2004) Proposition 215 is specific on the serious ailments believed to resulting into serious illness thereby calling for medicinal treatment that is of Cannabis in nature. Some of these diseases include; - Cancer Chronic pain Migraine Arthritis and Anorexia Aids Glaucoma However, the Act does not limit itself to the above maladies instead it applies to any seriously sick patient as long as Marijuana provides relief to his conditions or even where the doctors recommendations indicates that the patients health will benefit from therapeutic options of similar nature. (John, 2004) Months after the proposition 215’s enactment, state and local law enforcement personnel among other commentators argued that the proposition provisions were only for affirmative defense a thing that the defendant (patient) could raise at trial. Patients in clear possession of doctor’s approval were arrested and made to stand trials. In their defense the patients argued that they were protected from any arrest and prosecution thereby contradicting the whole issue.(Bill ,1998) Finally, the uncertainty was cleared by the California supreme court which ruled out that the patient may defend his/her stand as a primary caregiver or as a patient as a basis for setting aside informational before trial on the ground of probable cause to believe to believe together with the trial’s affirmative defense. (John, 2004) It became increasingly evident that the construal and appliance of Proposition 215 were not fulfilling thus undermining the initiative purposes to which they were intended. On the other hand, under California law, an initiative could not be amended by statute, unless its language so permitted this to happen, in the year 1999 Proposition 215 did not give room for such amendments. (John, 2004) Major Groups Involved Proposition 215 implementation task force was formed, for example, the May 22nd 2001 medical Marijuana Task force which was formed to monitor enforcement efforts by the local laws as well as reporting findings, monitor efforts of research directed towards proposition 215 thereby reporting its findings to the council, evaluate existing proposition 215 local advocacy network, establishing the information’s availability to the patients group and innovate necessary outreach means, monitoring and supporting legislative efforts aimed at assisting local municipalities in their efforts to respond to proposition 215. (Franjo, 2002) The members of the task force were; Legal advocates Attorneys Patients Community Activists Business people Health advocates Law enforcement and Doctors The task force formed sub committees as per the guidelines stipulated by the council, the sub committees were; law enforcement, legislative efforts, medical research and the doctor’s / patient’s advocacy & outreach. The task force was formed with an aim of establishing the most efficient way in the regulation of medicinal Cannabis use according to proposition 215, which was passed by the voters in the year 1996. (Franjo, 2002) The Task Force requested the Council to support State Senate Bill 187, the voluntary patient registry for use of medical marijuana. This bill was meant to resolve some sections of the proposition 215 identifying individuals entitled to using cannabis as medicine. The bill provided for government-issued identification for patients who use medicinal cannabis to display to law enforcement team or even other people who attempt to construe and follow the law. Various nations, through their human and health services departments, would examine and issue these ID cards. This will ensure that the officer on duty is no longer required to appraise the validity of a person’s claimed illness or even a letter from the physician. This process could take hours and result in uneven application of the law such that if the state senate bill is passed the identification card would be enough proof of an individual’s medical condition and right to use cannabis as medicine. (Franjo, 2002) The bill is not likely to pass since various nations take different stands on the issue. For instance United States federal government representatives raised claims with the argument that decriminalizing cannabis in countries such as Canada would disrupt border trade between Canada and the US. However, many citizens from Canada strongly believe that this argument remains the major obstacle to the Cannabis decriminalization in Canada. Canada is known to produce about 450 kg of medical Marijuana each year in what remains to be an abandoned mine located in Manitoba (Flin Flon). On April 19th 2005 the government in Canada went ahead and licensed the prescription sale of Sativex a natural extract from Marijuana, which is extracted in liquid form. In Honduras individuals caught in possession of Marijuana whether for medicinal purposes or not are harshly punished since the government at this state does not recognize the drug. In Israel a good number of its citizens have been allowed to use cannabis for medical purposes by the Israel healthy Ministry. The military personnel in Israel use Marijuana in treating soldier’s disorders associated with traumatic stress. In Jamaica, though the drug remains illegal efforts has been made to legalize possession by adults for medical and recreational purposes. In Portugal possessing drug for personal use is considered legal but all the same, trafficking and selling drugs remains a criminal offence. Enforcing Proposition 215 will requires a lot of cooperation between, law enforcement, medical experts and government a thing that is not easy to achieve. With these divergent views in an International divide, the bill is not likely to pass since it is facing some opposition. (Mary, 1997) Reference Bill Z, (1998): Is Marijuana the Right Medicine for You? New York, McGraw-Hill. Franjo, G. (2002): Cannabis and Cannabinoids, Ethan Russo, Haworth Press Janet, E. (1999): Marijuana and Medicine: Assessing the Science Base, London, National Academies Press John S. (2004): Legalizing Marijuana: Drug Policy Reform and Prohibition Politics, Praeger, Greenwood Mary, L. (1997); Cannabis in Medical Practice: a legal, historical and pharmacological overview of the therapeutic, New York, McFarland & Company Read More