The battle of state rights versus federal government authority runs anew in the 21st century. The Civil War began with the conflicting views of whether the federal government or state possessed more power. Eventually slavery became abolished during the war amongst Americans—a momentous outcome for the United States. The present conflict? Medical marijuana. Under federal regulations, marijuana (for medical or recreational use) is illegal. However, 14 states and the District of Columbia legalized marijuana use for medical purposes. This legalization, for years, indicated a symbolic victory for those advocating for medical marijuana.
Medical Marijuana
An increase of activity by medical marijuana patients as well as businesses catering to the patients from selling, cooking edibles, to growing the pungent green-leafed plant occurred once Attorney General Eric Holder announced on October 19, 2009, “It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance of state law to mask activities that are clearly illegal” (“ Attorney General Announces Formal Medical Marijuana Guidelines ”, The United States Department of Justice).
The new policy indicated that states and patients presiding in those states, where medical marijuana was legal, would not be persecuted under federal regulations. The issuance of medical marijuana cards, opening of medical marijuana businesses, and applying for state medical marijuana registries led to one of the few booms in otherwise recessive times.
Opponents of Medical Marijuana
Opponents criticize medical marijuana as an excuse for marijuana use which possesses no medical benefits, is harmful, and sends the wrong message on the war on drugs. Under federal regulations, standards established through the Controlled Substances Act, marijuana fails the five-part test of an acceptable medical treatment, according to Mark Eddy in the article, “Medical Marijuana: Review and Analysis of Federal and State Policies” (Congressional Research Service, April 2, 2010).
- The chemistry of the drug is reproducible and known. Botanical marijuana is not known or reproducible. This guideline places preference on synthetic drugs for treatment with many plants' medicinal values, including marijuana, unable to be reproduced or known.
- Adequate safety studies must be conducted. No safety studies involving marijuana have been performed.
- Well-controlled and adequate studies prove efficacy. The proof of marijuana being medically effective has not been adequately studied and well-controlled.
- Qualified experts accept the drug. Marijuana has not been even accepted by a minority of experts.
- An availability of scientific evidence is widely accessible. Scientific evidence concluding marijuana is effective and safe on humans has not published.
This five-part test displays how federal regulations have not altered when it comes to medical marijuana.
Prescriptions Drugs more Harmful than Marijuana
With marijuana failing the five-part test of an acceptable medical treatment, why are states authorizing patients to obtain marijuana for medical purposes? Eddy finds marijuana has successfully treated symptoms from cancer and cancer chemotherapy along with epilepsy, AIDS, and other serious illnesses.
Eddy determines, “Many medical marijuana users report trying cannabis only reluctantly and as a last resort after exhausting all other treatment modalities.” The stigma of medical marijuana is prevalent, and Eddy's report finds that marijuana is only used as a last option after federally accepted drugs fail to aid the suffering patient to the degree of relief marijuana provides.
The rift between the states, and their allowance of medical marijuana, and the federal government, and its guidelines constituting marijuana use as not an acceptable medical treatment, is likely to continue.
The history of marijuana is prevalent with two sides bent on proving the other wrong. Studies are conducted to prove marijuana’s legitimacy or ineffectiveness, not analyze all the components of cannabis.
State legalization and federal illegalization appear to maintain a grey area concerning medical marijuana. A triumphant side may only occur with a new presidential administration retaining authority to prosecute against all marijuana offenses (medical or recreational), not with an astute study of marijuana as a medical treatment.
Jodie Blankenship - Jodie Blankenship seeks variety in all ventures. She sustains her desire to deviate from routine by working, for five years, as a ...
