September 16, 1998
Years ago people didn't think of marijuana as a harmful drug, but as a very useful material. The fiber of hemp is used for paper, fuel, fiber, food, and medicine. From these there are thousands of possibilities for using hemp. Even George Washington encouraged people to sow the Indian hemp seed everywhere. It wasn't until 1937 that marijuana was prohibited for the first time under federal law. It was called the Marijuana Tax Act of 1937, signed by F. D. Roosevelt in Pennsylvania. Now as we enter the next millenium, the citizens of the United States want that law removed. After 5,000 years of medical use why should we look down on marijuana? It's high time people realize the good marijuana does. Are we ever going to see an end to the almost 70 year old prohibition? Let's take a look at what's being done in the U.S. to end this once and for all.
During the 1970's, eleven states decriminalized possession of small amounts of marijuana. Today 35 states have passed laws supporting the use of marijuana for medical purposes. When smoked, marijuana relieves pain and nausea, stunts the growth of malignant breast tumors, protects the brain cells of stroke patients from being killed off, and helps people suffering from cancer, AIDS, glaucoma, menstrual cramps, and depression. It has also been scientifically proven that marijuana has little to no addictive properties and little potential for abuse. Yet marijuana is still in the same group as LSD, cocaine, and heroine.
The relatively new medical marijuana law, Prop. 215, was passed in California in 1996 by 56% of the voters. The initiative states that criminal statutes won't apply to patients, or a patients caregiver, who possesses or cultivates marijuana for the personal medical purpose of treatment for a serious illness, upon the written or oral recommendation of a physician. This is confusing because people who are covered by this initiative are still being arrested and treated like criminals. Let us now focus on one of these patients: Todd McCormick.
Todd McCormick, expert cultivator, has used marijuana over half his life. McCormick had cancer 9 times before he was even 10 years old. When he was only 3 years old a treatment for his cancer fused his top 5 vertebra together. He was in constant pain, and could hardly eat because of the extreme nausea caused by his medical treatments. When he was eleven, his primary caregiver introduced him to marijuana, thinking this might be his only hope. From then on Todd devoted his life to medical marijuana. It eased his pain and nausea and truly gave him a reason for living.
In 1997, McCormick was arrested for cultivation in his "Marijuana Mansion" in Bel Aire, where he grew his own medicine. The police found thousands of plants growing in every conceivable space on the property. His bail was set at $500,000, and it was posted by, actor and pro-hemp activist, Woody Harelson.
The federal court prohibited McCormick's use of marijuana, or anything which contained properties of marijuana. He wasn't allowed to bring his special orthopedic pillow to jail with him, which he had to use because of the fused vertebra in his back. He was placed in the psychiatric ward of the prison where he was put in "cold cell", and told that the jail had no more pillows available. He was "forced to walk barefoot through sewage" (Marijuana News), he couldn't sleep for more than an hour at a time because every time he turned he woke up in extreme pain. Even though McCormick was covered by Prop 215, he was treated not as a cancer patient but as a criminal.
He was released after his bail was posted. The federal courts allowed McCormick to use MarinolĀ®, a prescription pill form of marijuana. McCormick began using it and was surprised at how much it helped him. Finally he was almost his normal self. Two weeks after he was told he could use the pill, he was ordered to discontinue using it. Two weeks after that he was given a drug test in which they found THC in his system, which is the main property in marijuana and prescription MarinolĀ®. THC can take more thn 6 weeks to leave someones system. The DEA and the FDA say that MarinolĀ® is okay for medicine, but the court in which Todd was sent says he can't use it. He has mandatory drug tests every 2 weeks, and he was given a set of 35 rules for the drug testing. Number 28 states: "Nothing in the above instructions is meant to interfere with legitimate medical treatment. Appropriate medical treatment is encouraged," (Marijuana News).
It seems that this law that so many Californians fought for is being disregarded by federal, as well as state officials in an attempt to arrest and convict according to their personal beliefs. This isn't justice. The California Supreme Court says now that it's okay for a lower court to make changes to the initiative, such as saying that cultivation is the only way a California medical paient can "legally obtain marijuana--no buying, or transporting over public roads" (Marijuana News). McCormick was only charged with cultivation, not for selling or even intent to sell. So why is he being treated this way?
All drugs, under the FDA, are grouped by addictive propensities, potential for abuse, and medical worth. Marijuana is classified as a Schedule I drug, being in the same category as heroin, cocaine, and other harmful drugs (Schedule I and II are for drugs with high potential for abuse). A petition which was started by High Times magazine and its affiliates, was sent to the DEA so they would consider removing marijuana from Schedule I. The DEA said that they had not seen any scientific data to prove marijuana didn't belong in Schedule I. The DEA told High Times that they would consider its removal if they could provide scientific data showing that marijuana is not addictive and shouldn't be in the same category as heroin. Well, High Times' petition provided the DEA with the specific scientific document they had requested. This caused the DEA to reverse itself and aknowledge for the first time ever that a sufficient scientific basis exists for reclassification of marijuana out of Schedule I.
Still, people who have legal permission from their physician to use marijuana are being treated like criminals. Doesn't the government get it yet? Marijuana is not as bad for you as they think. No one anywhere has ever died from using marijuana. Alcohol and tobacco cause millions of deaths every year. Both cause various forms of cancer. Tobacco smoke causes bronchial damage while alcohol causes damage to the liver and kidneys. These legal drugs are extremely addictive, kill people every few minutes, and have no medical use. While marijuana helps those who are seriously ill, is not addictive, and has many more uses besides smoking. Why does marijuana still have a bad name? While people who consume alcohol tend to get in fights, get in their cars and murder the innocent, marijuana smokers are sitting in their homes feeling relaxed and euphoric.
In order to end the prohibition of marijuana we need government approval, a Schedule change, and the Federal Drug Administration to say marijuana is good for people. There are 3 possible ways to get FDA approval. We can market marijuana as an herbal therapeutic agent, which doesn't require FDA approval, it only needs to demonstrate functionality. We could classify it as a "grandfathered drug", meaning it was sold over the counter before 1938, and was later restricted. The FDA could give marijuana "old drug" status, meaning it's recognized as safe and effective. All of these choices still aren't good enough. "FDA approval...requires a "manufacturer" to assure drug "strength, quality, and purity"...the only legal American manufacturer of marijuana remains the government--which is unlikely to propose that the FDA approve it for medical use," (Armentano).
What America needs is a designated area to regulate the growth of medical marijuana. In the Netherlands a place such as this exists, proving that it's not impossible. There they have a special greenhouse where they cultivate marijuana for use in pharmaceuticals. Here farmers can "produce consistent ratios of therapeutic compounds such as THC, cannabidiol and cannabichromine" (Armentano). This is exactly what we need. If America had one of these greenhouses there would be a greater chance of approval across the board.
The use of marijuana peaked in 1979. However, marijuana arrests didn't peak in the U.S. until 1996 (642,000 marijuana related arrests), "one marijuana user is arrested every 49 seconds" (NORML). Every year, the government spends 15 billion dollars enforcing marijuana prohibition. Why? I think it's time to make medical marijuana legal, and make it so small courts can't change the law to suit them. California voters want marijuana to be legal, as do voters in other states. Isn't the government here to serve us? That is what we want, that is how it should be.
Armentano, Paul. "Could the FDA Approve Medical Marijuana?" High Times August: 40. Associated Press, The. "Cancer Patient Says He Had Legal Right to Grow Marijuana." The Daily Press 23 Aug. 1998: A3. Associated Press, The. "Marijuana Use Up Among Teens." The Daily Press 22 Aug. 1998: A3. Associated Press, The. "Study: Marijuana Risks Lung Cancer." The Daily Press 19 Aug. 1998: A5. Cowan, Richard. "Important and Outrageous Cases." 1998. Online. Marijuana News. 11 April 1998. Available: http://www.marijuana.com/important_and_outrageous_cases.htm. Gagnon, Louise. "Marijuana Less Harmful Than Cigarettes." 1994. Online. 6 Sept. 1994. Available: http://www.pcisys.net/~folkman/pot/file/. Locke, Michelle. "Oakland Tries To Solve Marijuana Club Dilemma." The Daily Press 14 Aug. 1998: A4. NORML. "War Against Marijuana Consumers." 1998. Online. Legal Issues. 15 Sept. 1998. Available: http://www.norml.org/legal/index.shtml |