Let Court End Harasment of Sick People

by John Semmens, (Source:East Valley Tribune)
10 Dec 2004

Arizona
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Should a sick, possibly terminally ill, person be allowed to use marijuana to treat her pain? That is a question now before the U.S. Supreme Court. Two California women, one with a brain tumor, have filed suit to get back the marijuana seized from them by federal agents. California permits the use of marijuana for medicinal purposes.

Marijuana has been found to be a useful drug for some patients with severe ailments ( like cancer ) who may be undergoing harsh treatment ( like chemotherapy ). This evidence of situational effectiveness prompted voters in 11 states ( Arizona included ) to approve the use of marijuana if prescribed by a doctor. This puts these states at odds with federal law, which strictly prohibits the use of marijuana for any purpose.

Federal law prohibits the use of marijuana under the premise that using it could lead to drug addiction and a life of crime. There certainly is a wealth of statistical data linking the use of outlawed substances and criminal activity. There are over 700,000 arrests a year for marijuana infractions. However, this data is less persuasive as an argument for prohibition than it first appears. Outlawing the substances makes their mere possession a crime. To then point to this "crime" as evidence of the pernicious effects of marijuana is circular reasoning.

What about violence that accompanies "turf" battles between rival vendors of illicit substances? Well, these turf battles wouldn't occur if the substances weren't illegal. We don't, after all, observe shoot-outs between Osco and Walgreen's to determine who will sell drugs that are legal.

What about the stealing drug addicts engage in to support their habits? Well, the stealing is driven by the illegality that makes prices so high. People are addicted to tobacco and alcohol, but few need resort to robbery to support these addictions because the price of these legal substances is relatively low.

The drug warriors' contention that marijuana use leads to crime is not well-supported by the evidence. An even more plausible case can be made that 'laws' against marijuana are the cause of the crimes.

Given the weakness of the general case for prohibiting marijuana use, the feds' action against the medical use of marijuana seems cruel. People ravaged by disease are not a threat to society. There is no legitimate rationale for police to harass these people and confiscate what doctors have prescribed as their medicine.

Yet, there is little cause for optimism as the case goes to the Supreme Court. Justice Souter expressed concern that medical marijuana laws might be abused by people who aren't really sick. Ten percent of the population ( nearly 30 million people ) use illegal drugs, he says. How will we stop these recreational users from taking advantage of the permitted medical use?

Justice Breyer observed that 100,000 sick people in California use medical marijuana. He thinks that everyone caught with the substance will claim his is for medicinal purposes and doctors' prescriptions will be sold on the "black market." It will be, he says, a "mess." One would hope that Breyer's acknowledgment that 100,000 sick people depend on medical marijuana might persuade him that perhaps doctors might know what they're doing when they prescribe it.

The real mess, though, comes from the notion that government knows best. Marijuana, like many things, has both good and bad attributes. Some people will misuse it and cause harm--mostly to themselves. But others may need it to help them cope with devastating illnesses. It would be inhumane for the government to take it away from them.

MAP posted-by: Richard Lake
Pubdate: Fri, 10 Dec 2004
Source: East Valley Tribune (AZ)
Copyright: 2004 East Valley Tribune.
Contact: forum@aztrib.com
Website: http://www.eastvalleytribune.com
Details: http://www.mapinc.org/media/2708
Author: John Semmens
Cited: Raich v. Ashcroft http://www.angeljustice.org
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/people/Angel+Raich (Angel Raich)