Mary Jane

The use of medical marijuana as a treatment is gaining acceptance in the medical field, but it is fraught with danger for users due to the fact that the Federal Government does not recognize any medical uses for marijuana. From the Marihuana Tax Act of 1937 to The Drug Abuse and Control Act of 1970, the Government has outlawed the use and distribution of marijuana and has classified it as a Level I drug. Recently, though, many researchers are recognizing that historical medicinal uses of marijuana are replicable in lab settings, and there is a growing call for legal use of medicinal marijuana.
Twelve states have legalized the medical use of marijuana, including Oregon which has 14,868 medical marijuana cardholders, and 7,115 caregivers who are licensed to provide it for their patients. Many medical uses and the processes through which they work have been discovered recently. According to the Mayo Clinic, the active ingredients in marijuana, THC and cannabin and cannabidiol, have the ability to attach themselves to two types of receptors in human cells. The main receptor, called CB1, is found mainly in the brain and controls movement, memory and nausea. This is why research has shown THC to be effective in helping to control the after-effects of chemotherapy. Other ailments that THC is effective in treating include Glaucoma, Multiple Sclerosis and general pain relief.
The Governments response to this beneficial use of marijuana can be summed up by the words of Bernie Hobson, spokesman for the DEA’s Seattle regional office, “From a Federal standpoint, there is no such thing as medical marijuana…Marijuana is not viewed as a medicine, period.” This despite the years of research and testing and, in twelve states at least, historical documentation of its efficacy.
This leaves the “legal” user in these twelve states with a “Hobson’s Choice”, with apologies to Bernie. They can use marijuana legally, in their state, but if the Federal Government decides to arrest them, they cannot use their states medical marijuana law as a defense in Federal Court. Even the existence of a medical marijuana law in their state is not allowed into evidence in Federal Court. All the defendant can say is that they used marijuana, or grew it or distributed it, with no allowance for the reason why.
This extreme reaction by the Federal government seems to fly in the face of other decisions it and the Supreme Court have reached in recent years. The Supreme Court has been touting the cause of Federalism, or “states rights” since the current conservative majority took over. According to “The People for the American Way” website, from 1995-2000 this court has overturned 22 laws passed by Congress, in contrast with only 128 in the first 200 years of the Republic. The medical marijuana issue would, on the face of it, qualify as a “states rights” issue. In this case as in many others the Federal Government criminalizes an activity that some states have allowed. The court should treat this issue the way they have treated gun control, workplace discrimination, and environmental laws, that is, wave the Federal law in favor of the right of states to govern themselves. Unfortunately, that is not the case, they have upheld the Governments right to regulate marijuana.
The vast volume of research and the sheer hypocrisy of the governments stance should be enough to sway anyone to recognize that medical marijuana, as long as it is regulated and controlled, is an acceptable treatment option for many ailments. As with other controversial issues such as gay marriage, abortion or assisted suicide, people who don’t agree with the legalization of these issues should remember one thing. They don’t ever have to get a gay marriage, an abortion or an assisted suicide. They also don’t have to use medical marijuana if they don’t want to, just don’t make it illegal for others to make those choices for themselves.