Should States Have Legal Control of Medicinal Marijuana? Essay Example
Should States Have Legal Control of Medicinal Marijuana? Essay Example

Should States Have Legal Control of Medicinal Marijuana? Essay Example

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  • Published: November 9, 2017
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The ongoing debate in state politics centers on the use of marijuana for medicinal purposes. This paper aims to inform readers about the benefits of using marijuana to aid patients with incurable illnesses. It also argues that states should possess legal jurisdiction to regulate its usage. Marijuana, derived from the dried leaves and flowers of the Cannabis sativa hemp plant, contains delta-9-tetrahydrocannabinol (THC), a sticky resin present in the flowering top of these plants.

Medicinal use of marijuana has a lengthy history, dating back to as early as 3000 BC in India, Central Asia, and China ("Marijuana," 2005). Between 1840 and 1900, numerous documents were written documenting the drug's medicinal uses. However, in 1937, the Marihuana Tax Act was passed to prohibit its non-medical use. This law made it extremely challenging to obtain marijuana and ultimately resulted in its removal from pharmacy shelves in 1941. In 1970

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, marijuana was categorized as a Schedule I drug under the Controlled Substances Act. This classification signifies that it is prone to abuse, lacks medical benefits, and is unsafe even with medical supervision (Grinspoon, M.D., & Bakalar,1995,1875-1876).

Recent discussions have focused on the use of marijuana for medical purposes, with scientific studies suggesting its effectiveness in treating different illnesses (Mack, Joy, ; Joy, 2001). Individuals with cancer, multiple sclerosis, and AIDS have found relief from its use (Joy, Watson, ; Benson, 1999), while ongoing research is investigating its potential in fighting malignant tumors.

According to Grinspoon (1997), cancer patients have reported that marijuana improves their quality of life by reducing nausea, controlling vomiting, increasing appetite, alleviating pain, and relieving anxiety. Nausea and vomiting are common side effects of chemotherapy for cancer treatment

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These symptoms can be so severe that some patients may contemplate discontinuing their chemotherapy.

Despite their limited effectiveness, drugs used to alleviate chemotherapy symptoms can be supplemented by two natural forms of THC and two synthetic cannabinoids. Research from a clinical study in the early 1970s involving 56 patients found that smoking marijuana effectively suppressed post-chemotherapy nausea and vomiting (Vinciguerra, 1988, 525-527). The study concluded that THC has the ability to reduce vomiting after chemotherapy. As a result, the U.S. Food and Drug Administration has granted approval for the use of Marinol, a synthetic version of THC, when other medications fail to control vomiting.

Both smoking marijuana and using a THC pill effectively control chemotherapy-induced vomiting and nausea. However, most patients prefer smoking because it quickly and efficiently increases THC levels in the body, which is especially important for those experiencing these symptoms. Smoking marijuana also stimulates appetite, known as "having the munchies," and helps prevent weight loss - both common issues among cancer patients (Grinspoon, 1997; Mack & Joy, 2001). Additionally, individuals with multiple sclerosis and spinal cord injuries endure lifelong symptoms such as stiff, aching, and cramping muscles.

According to Mack ; Joy (2001), marijuana has demonstrated effectiveness in alleviating pain without causing unwanted side effects like weakness and drowsiness. Numerous patients have experienced reduced muscle spasms and improved sleep as a result of marijuana usage. Medical marijuana is especially favored by AIDS patients, who frequently endure painful symptoms related to nerve damage, dementia, depression, and anxiety caused by the virus.

Marinol, an FDA-approved medication (Joy ; Benson, 1999), is available for sale to alleviate nausea and vomiting induced by prescribed AIDS drugs. It should be emphasized

that even a minor weight loss of five percent can present a dangerous threat to individuals with AIDS.

Patients who use Marinol, a form of THC, experience an increase in appetite and maintain their weight. Many patients prefer smoking marijuana over taking pills because it allows them to control the amount they inhale for symptom relief. Additionally, smoking marijuana also gives them a sensation of heightened hunger. For some AIDS patients, they find that it helps alleviate their painful nerve damage; however, further clinical studies are currently underway to explore this effect more thoroughly. The usage of marijuana aids these patients in managing the lifelong burden of living with a chronic illness. Furthermore, cannabinoid drugs provide various forms of relief for AIDS symptoms.

Although there are more effective medicines available, they may not work equally well for everyone and can have unwanted side effects (Mack ; Joy, 2001). A study funded by the National Institute of Health in 1974 at the Medical College of Virginia aimed to investigate whether marijuana harms the immune system. Surprisingly, it was found that THC actually inhibited the growth of three types of cancer in mice: lung and breast cancer, as well as virus-induced leukemia. Despite these findings, the Drug Enforcement Agency abruptly ended the study. Subsequently, researchers in Madrid carried on with the research in 2000 and successfully eradicated incurable brain cancer in rats by injecting them with THC (Cushing, 2000). M. Lester Grinspoon.

According to D., an Associate Professor of Psychiatry at Harvard Medical School, cannabis is a comparatively safe drug and is even deemed less toxic than the conventional drugs it may replace if legalized. Throughout its usage history, there

has never been a documented instance of cannabis causing a lethal overdose. If cannabis were rescheduled and permitted for medical use, it would become one of the least addictive and toxic medications in the U.S. Pharmacopoeia. This change would significantly alleviate patients' current anxieties and financial hardships.

Dr. Grinspoon suggests that cannabis could be significantly more affordable than other medications, possibly being 100 times less expensive. While he acknowledges the health risks related to smoking cannabis, he discusses the possibility of reducing harm by extracting harmful particles from beneficial cannabinoids. However, the progress in developing this technology has been impeded by prohibition (Lester Grinspoon, 1997). Moreover, AARP Magazine conducted a telephone survey involving 1,706 participants in the United States.

A survey conducted in November 2004 revealed that if recommended by a physician, 72% of residents aged 45 and above are in favor of legalizing marijuana for medical purposes. In addition, 59% believe it has medicinal benefits and 55% would obtain it for a suffering loved one. Furthermore, 33% support adults' right to grow marijuana specifically for medicinal use, while 23% are in favor of complete legalization ("Medical Uses of").

According to polls from the Pew Research Center in 2001, public opinion on marijuana shows that its legalization is supported by only 34%, while decriminalization is supported by 46%. However, a significant majority of 73% believe doctors should have the ability to prescribe it for medical reasons (Jon Gettman, 2003).

In California, Proposition 215 was passed as a referendum in1996, allowing seriously ill individuals to use marijuana for medical purposes without facing legal consequences. The Physician's Association for AIDS Care was among the medical organizations endorsing this referendum (Lester Grinspoon,1997).

The

text states that doctors must provide a recommendation for medical marijuana and they cannot be punished for doing so. By the summer of 1998, eight states had laws in place allowing physicians to prescribe medical marijuana, including California, Connecticut, Louisiana, New Hampshire, Ohio, Vermont, Virginia, and Wisconsin. In November of that same year, five states (Arizona, Alaska, Oregon,Nevada,and Washington) passed ballot initiatives approving the use of medical marijuana. However,in 2001,the situation regarding medical marijuana changed.

According to the U.S. Supreme Court, federal law prohibits the sale and distribution of marijuana regardless of its purpose because federal laws take precedence over state laws (Dye & MacManus, 2003). Despite multiple unsuccessful efforts to legalize medical marijuana, the National Organization for the Reform of Marijuana Laws (NORML) remains a prominent advocate for this cause. In 1972, NORML submitted a petition to reclassify marijuana as a prescription drug in order to change its classification from Schedule I. However, it was not until 1986 that the Drug Enforcement Agency (DEA) took any action on this petition.

In 1988, the DEA’s Administrative Law Judge, Francis L. Young, recommended that marijuana be classified as a Schedule II drug following two years of hearings, but the DEA disagreed and overturned his decision (Lester Grinspoon, 1997). In 2000, California voters approved an initiative that required probation and treatment instead of imprisonment for individuals convicted of using marijuana (Dye & MacManus, 2003). However, conducting controlled studies on marijuana regulated by the Food and Drug Administration faces multiple challenges in terms of legality, bureaucracy, and finances. While research on marijuana has contributed to understanding its health risks and addictive properties more than most prescription drugs have shown, it

has not been successful in proving these dangers conclusively (Lester Grinspoon, 1997).

Opponents argue that case reports and clinical studies are the exclusive indicators of effectiveness, but these sources are also relied upon for knowledge about other medications. Many drugs currently being used have never undergone controlled studies (Lasagna, 1985, 45-49). While marijuana should not be completely removed from the Controlled Substances Act, it should be rescheduled into Schedule III, IV, or V drugs. It is considered safe when used under medical supervision, has recognized medical benefits, and poses lower risks of abuse and dependency compared to Schedule I or II drugs. Based on the reported findings, the decision to regulate marijuana for assisting individuals with medical conditions should ultimately be left to individual states.

References

  1. Cushing, Raymond. (1997). Pot Shrinks Tumors: Government Knew in '74. Retrieved May 13, 2006, from http://www.alternet. org/drugreporter/9257XXX
  2. Dye, ; MacManus, Susan A. (2003). Politics in States and Communities (11th ed. ).

Upper Saddle River, NJ: Prentice Hall. Gettman, Jon. (2003, May).

  • The Cannabis Column. High Times, 9. Retrieved May 14, 2006, from http://www.hightimes.com
  • Grinspoon, Lester. (1997).
  • Marijuana, the Forbidden Medicine. New Haven, CT: Yale University Press.

  • Testimony of Lester Grinspoon, M. D. Doctor's Views on the Use of Marijuana as Medicine.
  • Presented at the Crime Subcommittee of the Judiciary Committee of the U.S. House of Representatives, Washington, DC.

  • Grinspoon, Lester., M.
  • D. and Bakalar (1995) advocated for a reassessment of marijuana as a form of medicine in their article titled "Marijuana as Medicine, A Plea for Reconsideration," which was published in the Journal of the American Medical Association. Joy, Watson, and

    Benson also addressed this subject.

    (1999). Marijuana and Medicine: Assessing the Science Base. Washington, D. C: National Academy Press.

  • Lasagna, L.
  • (1985). Clinical Trials in the Natural Environment. In Drugs Between Research and Regulations (pp. 5-49).

  • New York: Sringer-Verlag. Mack, Alison. , Joy, Janet.
  • Joy, Janet E. (2001). Marijuana as Medicine: The Science Beyond the Controversy. Washington, D.C.: National Academy Press.

    Marijuana.

    (2005). In Microsoft Encarta Online Encyclopedia (Vols. 1997-2005). Retrieved May 11, 2006, from http://encarta.msn.com

  • Medical Uses of Marijuana: Opinions of U.
  • S. Residents Over 45 - Telephone survey conducted by AARP Magazine in Washington, DC: American Association of Retired People (Vinciguerra, V., 1988).

    The article titled "Inhalation Marijuana as an antiemetic for cancer chemotherapy" was published in the New York State Journal of Medicine and spans from page 525 to 527.

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