Marijuana and Law
While California waits to see what will happen with medical marijuana… whether to keep the existing medical marijuana laws, of go further, and outright legalize medical marijuana laws altogether. No matter how it plays out California will be the winner. Californians will be able to still purchase marijuana at either their local collectives or at a bar. What a great time to live in this state
There have been several articles in this space with regard to the use of medical marijuana, upon the recommendation of a physician, to ease the pain of those suffering specific diseases. The first was concerned with the case of Bernie Ellis, an acknowledged activist and sometime consultant to state and Federal agencies, who was prosecuted by the U.S. Justice Department for growing and possessing a small amount of cannabis to help him endure pain and for offering the same drug to others similarly afflicted, at no cost. The piece discussed the respective roles of the Federal and state governments and how the former has taken charge. The second was an article discussing the dilemma faced by physicians who can lose their license by facilitating the utilization of marijuana by those who have a medical need, all as allowed by state law. The third article discussed the penalty of forfeiture upon conviction of a drug offense and how Mr. Ellis could lose an extremely valuable farm.
The controversy arises in those states which have enacted laws permitting the utilization of cannabis, upon a physician's recommendation. Such laws, in the opinion of the Federales, do not protect someone from prosecution and, upon conviction, substantial prison sentences.
A disclaimer and personal note.
This article does not relate to purely recreational use of marijuana. In case anyone cares, I hold no brief for the use of marijuana or any drug, including alcohol, for the purpose of escaping reality. I have seen too many instances where drugs have left a person unable to work, function in an adult productive manner or have rational thoughts.
Effectiveness of cannabis for medical purposes
Marijuana has been used for medical purposes for nearly 5,000 years. Until its use was effectively eliminated in 1937 in the United States, it was a component of many medicines used in this country. It is said that the increasing usage of cannabis as a recreational drug made its medical use problematical.
Research and reports in reputable medical journals and from reputable legal and medical organizations have been relatively consistent in supporting marijuana use, in limited situations and for limited and specific conditions. Among those organizations and journals are: the American Academy of Family Physicians, the American Bar Association, the American Public Health Association, the British Medical Association, the; California Academy of Family Physicians, the California Medical Association; the National Association of State Attorneys General; the New England Journal of Medicine and the Nurses Associations of California, New York and Virginia.
A study in California in 2002 concluded that marijuana could be beneficial in the treatment of 250 conditions, including as an antiemetic for the treatment of nausea and anorexia associated with treatments for cancer, AIDS, and hepatitis. Cannabis also, according to many studies, acts as an antispasmodic and anticonvulsant and is indicated for neurological conditions such as epilepsy, multiple sclerosis, and spasms. As an analgesic and an immunomodulator it is helpful for conditions such as migraine, arthritis, spinal and skeletal disorders. As a bronchodilator it is beneficial for asthma. Marijuana has been found to reduce intraocular pressure and is helpful for individuals with glaucoma. Cannabis is also used to treat some mood disorders such as post traumatic stress disorder as suffered by returning servicemen and women, among others, clinical depression, obsessive-compulsive disorder, panic disorder, and bipolar disorder and a plethora of other diseases and conditions.
State laws and policies regarding medical marijuana.
Increasing numbers of states have, to some extent and in varying ways, determined that marijuana might be used by its citizens for medical purposes.
This article examines the types of state laws in effect and the likelihood that additional states will allow medical use of cannabis.
Since 1996, twelve states have legalized medical marijuana use: Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington. Eight of the twelve did so through the initiative process. Hawaii's law was enacted by the legislature and signed by the governor in 2000, Vermont's was enacted by the legislature and passed into law without the governor's signature in May 2004, Rhode Island's was passed into law over the governor's veto in January 2006, and New Mexico's legislation was signed into law by Governor Bill Richardson on April 2, 2007.
Some states, such as New York, have not yet passed medical marijuana laws, but come to the same result by decriminalizing possession of cannabis. Maryland's new law allows the defense of “medical necessity” to be raised in a state marijuana possession prosecution, but it does not bar arrest and trial. If that defense is successful, an adjudication of guilt is still possible but the maximum punishment is a nominal fine.
While the Federal government takes the position that medical-cannabis is illegal under overriding Federal law, this position may very well change in the face of popular demands. A CNN/Time poll published November 4, 2002, found that 80% of Americans believe that “adults should be allowed to legally use marijuana for medical purposes if their doctor prescribes it. …” Over the last decade, polls have consistently shown between 60% and 80% support for legal access to medical marijuana. The Marijuana Policy Project's site has details of the various and repeated polls.
What Federal-state relations should be.
In New State Ice Co. v Liebmann, Mr. Justice Brandeis, dissenting, remarked on one of the fortuitous consequences of a Federal system. The Constitution establishes a Federal government with limited power, at least that's the theory. The Bill of Rights limits the power of the Federal Congress; the 14th Amendment through its “due process” clause incorporates most of the protections embodied in the Bill of Rights and applies them to the states and lesser entities. Justice Brandeis pointed out that the states serve as a laboratory in which new laws and concepts can be tried out, “It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” There is a certain irony in that the Republican Party and its members, said to believe in the supremacy of states' rights and a severely limited Federal government, oppose state laws in this regard.
Status of medical marijuana laws in various states.
In the early 1970's, a number of states adopted therapeutic research programs. In many of these jurisdictions, including Florida, Louisiana and Ohio, the programs have been repealed over the years. In others, the programs are still theoretically operational but not really meaningful. Sometimes it is because the state law requires a physician prescription, illegal under Federal law, or because the cannabis must come from the Federal government and is not available!
In addition to the twelve states that now permit the use of medical marijuana; a number of states are now considering similar proposals.
Alabama has a medical marijuana bill now before the legislature, in the House Judiciary Committee. Missouri also has a comprehensive medical marijuana bill now pending in its House of Representatives. Arkansas has a proposed bill that is due to be considered next year; meanwhile a recent poll shows 62% of the public approve such legislation. Florida still refuses to adopt a medical marijuana law, even though this is the tenth anniversary of the recommendation of the Florida Medical Association that such a statute be passed. Illinois' bill was defeated this year in a close 22-29 vote in the state Senate. It will be re-introduced next year. Similarly, Minnesota will take up a proposed bill next year
Massachusetts has a comprehensive medical marijuana bill now pending in its Legislature, as do New York, South Carolina, Tennessee (home of Bernie Ellis), and Wisconsin (where a poll shows 75.7% in favor a allowing marijuana to be freely used by persons with cancer, MS or other serious or painful diseases).
In addition, there is some indication that Federal laws may be changed. The 2006 midterm congressional elections have provided the most favorable opportunity for passing Federal medical marijuana legislation in years. Speaker of the House Nancy Pelosi is said to be a strong proponent of medical marijuana. Congressman John Conyers, another supporter of medical marijuana, is now chairman of the House Judiciary Committee, and longtime supporter Congressman Dave Obey (D-Wis.) chairs the House Appropriations Committee. In the House Committee on Oversight and Government Reform, another supporter of medical marijuana, Rep. Dennis Kucinich, is chairman of the Subcommittee on Domestic Policy, which is responsible for oversight of the drug czar's office. In the opinions of many, therefore, a re-examination of Federal policy may be in the offing.
This would bring about the results that most medical researchers and authorities feel appropriate.
Those supporters of the free use of medical marijuana feel that they have reason for optimism. At the very least, open and continued research into cannabis use as a medicine needs to be expanded.
Resources: A vast amount of raw data utilized in this article came from the Marijuana Policy Project (www.mpp.org) and the citations set forth in www.saveberniesfarm.com. Both of these sites are comprehensive and helpful. The conclusions drawn, however, are my responsibility!
Tags: Marijuana Collectives
