Medical Marijuana Legalization 101
Shift in Marijuana Laws May Help Older Men, Women with Cancer, Pain
Oct 19, 2009
The issue of how to use medical marijuana has been raised recently with the October 2009 liberalization of federal prosecution guidelines for 14 states which allow patients to use medical marijuana. In order to have legal access to medical marijuana, a patient has to obtain a medical prescription. Among the illnesses for which marijuana might offer relief (but not cure) are: cancer, AIDS, glaucoma, multiple sclerosis, epilepsy, and chronic pain.
Fourteen States Allow Some Marijuana for Medical Purposes
As of 2009, 14 states allow some use of by-prescription-only medical marijuana. They include Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. According to the Drug Policy Alliance, these states have effectively removed “state-level criminal penalties for growing and/or possessing medical marijuana.” New federal guidelines issued by the Department of Justice mean that use of medical marijuana will no longer be subject to federal prosecution in these states.
Medical Value of Therapeutic Marijuana
The question is, does marijuana have proven therapeutic use?
The medical community has given the nod to at least some medicinal value to marijuana for over a decade. In 1999, the Institute of Medicine of the National Academies of Science in Washington, DC undertook a comprehensive study of medical marijuana's efficacy. It reviewed the science base and the therapeutic effects of marijuana use for various medical conditions. It analyzed marijuana’s mechanism of action, its impact on health and behavior, potential adverse effects, and the efficacy of different delivery systems. It also analyzed data about marijuana as a "gateway" drug, which of course has been the topic of endless public debate.
The authoritative book, Marijuana as Medicine? The Science Beyond the Controversy, published in 2003 by the National Institute of Medicine, translates the findings of this study into a layperson's guide. It walks a careful line, not recommending marijuana, but suggesting that pot might play a role along with other treatments. For example, it says, “Symptoms, if not diseases, can be relieved by marijuana, but for most patients there are more effective approved medicines. On the other hand, the basic science suggests potential benefit from certain cannabinoids, delivered without the hazards of smoking, in combination with other drugs."
Broad Public Support for Legalization of Medical Marijuana
Actually, pollsters have found broad-based public support for medical use of marijuana among the general public. A 1999 Gallup poll, found that nearly three in four Americans are in favor of "making marijuana legally available for doctors to prescribe in order to reduce pain and suffering."
Perhaps not surprisingly, the vast majority of boomers support the idea of legalizing pot for medical purposes. A 2004 poll commissioned by AARP found that 72% of Americans ages 45 and older thought marijuana should be legal for medicinal purposes if recommended by a doctor.
Legal Thicket: Marijuana as a Medical Treatment
The legal system has lagged public opinion in regard to legalizing medical marijuana.
Under current US law, marijuana is considered a Schedule 1 substance, defined as having high potential for abuse and no medicinal value. A long and tortuous legislative path has involved challenges in many states, brought by individual patients, patients rights groups and physicians. According to the NYC-based non-profit organization, the Drug Policy Alliance Network, in 2002 a three-judge panel of the Ninth Circuit Court of Appeals unanimously decided to uphold the right of doctors to recommend marijuana to their patients and of patients to receive that recommendation. In 2005 the Supreme Court ruled in Raich v Gonzales that the federal government may prosecute patients who use medical marijuana, overriding states such as California, which allow legal medical marijuana dispensaries. The Bush Administration (2000-2008) supported raids of medical marijuana dispensaries and made numerous arrests and prosecutions.
Still, according to the Drug Policy Alliance, because most arrests are made at the state or local level, it is state-level law that often determines what actually happens to users of medical marijuana. In March 2009, Attorney General Eric Holder declared that the Justice Department would no longer arrest medical marijuana patients, caregivers and providers, even if they violated federal law, as long as they were following the laws of their states. On October 19, 2009, new regulations regarding this were issued.
Boomers, Pot, and Legalization of Medical Marijuana
It was boomers, born between 1946 and 1964, who brought marijuana into the mainstream of American culture. Could it be that these people, now age 45 and up who said, "don't trust anyone over 30” — and ushered in the now-fabled Woodstock festival, stoner music and tie-dye-wearing, long-haired hippies — might go gently into that good night freely and legally enjoying…good weed?
Apparently so. But not confuse medical and recreational pot, there’s a Faustian bargain here: to get the pot legally, one has to have a relevant diagnosis. And, medical marijuana is legal in only 14 states.
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