The legalisation and usage of Marijuana for medicative intents is a controversial topic within the U. S. Supreme Court. Congress. and Society. Here. the author will analyze the pros and cons of legalising marihuana. who is permitted to utilize marihuana as a intervention for medicative intents. We will look at the provinces that have legalized marihuana. and those provinces demands. First. what is ‘Marijuana” ? Marijuana is a dry shredded green and brown flowers. foliages. stems or seeds. The foliages are derived the hemp works “Cannabis sativa. ” The active chemical in marihuana is delta-9-tetrahydrocannabinol. better known as THC.
This active ingredient. THC is why the Controlled Substance Act of 1970 is the regulating factor over Marijuana. hypertext transfer protocol: //www. drugabuse. gov/infofacts/marijuana The Controlled Substance Act of 1970. ( CSA ) . which was enacted by Congress. is the major federal jurisprudence regulating Marijuana. Marijuana was improperly classified by the Federal Controlled Substance Act of 1970 as a agenda I substance the restrictive of five classs. A agenda I substance is defined as holding a high potency for maltreatment and no recognized medical usage in intervention in the United States. Schedule I substances may non be prescribed by doctors.
This act. which gives marijuana its categorization. is the ground why there is so much contention. The Federal Government knows the curative value marihuana has. but continues to implement marijuana Torahs against medical marihuana users and their doctors. Even in the provinces that have enacted statute law particularly. for such usage. the Supreme Court and Congress will non see amending the Controlled Substance Act of 1970. In 1988. Chief Administrative Judge. Francis Young. of the DEA ruled that marihuana should be administered to those that are enduring.
Marijuana. in its natural signifier. is one of the safest therapeutically active substances known… . it would be unreasonable. arbitrary. and freakish for the DEA to go on to stand between those sick persons and the benefits of this substance” . ( Demmer. 2001 ) Even. the opinion from the Chief Administrative Judge of the DEA. would non rock the heads of the Supreme Court nor Congress. To do affairs worse. in 2001. several Supreme Court Justices spoke against the legalizing of marihuana without sing the figure of people that are enduring and that would profit from this substance.
Supreme Court Justice Clarence Thomas along with four co-workers of the bench stated “that medical necessity is non a defence to fabrication and distributing marihuana. ” ( Browne. 2001 ) It was besides stated. to the Supreme Court that “Crude marijuana is bad medical specialty that harms the encephalon. bosom. and lungs ; it limits larning. memory. perceptual experience. judgement. and complex motor accomplishments. ” ( LaRue 2001 ) Statements such as these. coming from powerful and influential work forces. is the ground Congress will non flex on amending the Categorization of Marijuana.
Agring sentiments by Justice John Paul Stephens. Justice David Souter and Ruth Bader Ginsburg. pointed out the fact that the determination does non “eliminate the defence for earnestly sick patients” who need marihuanas as a medical specialty. ( Browne. 2001 ) The president of Common Sense for Drug Policy. Kevin B. Zeese. pointed out the determination proves that the federal authoritiess claim on contending the drug war is a great large prevarication. Zeese. pointed out further. that the health professionals for the seriously ailment will go on to supply medical marihuana and that the federal authorities will hold to implement the jurisprudence before the provinces juries.
Patients. who are enduring from Cancer. Hepatitis C. HIV/AIDS. Multiple Sclerosis. and Glaucoma. Post Traumatic Stress Disorder. Disorders Characterized by Seizures. and Muscle Spasms are purportedly. allowed to be treated with marihuana. There are several instances where medicative marihuana has worked expeditiously for those patients with terrible unwellnesss. Lynn Harichy. who is 36 old ages old. was diagnosed with multiple induration. Harichy. found that smoking a joint a twenty-four hours. “caused the musculus cramp that racked her organic structure to discontinue ; the turns of palsy grew less frequent” eventually disappearing. Onstad. 1997 ) JJ. a seven twelvemonth old male child. has been diagnosed with post-traumatic emphasis upset bipolar upset. and impulse control upset. His female parent decided to seek marihuana as a medical specialty.
All the other medicines that had been prescribed for JJ did non work. “His societal worker and instructors reported that his demeanour is really polite and interacts enthusiastically with staff and pupils. ” ( O’Brien. 2001 ) Dr. Mary Lynch. a research worker. suggested that “marijuana should be used with patients that have jobs with their lungs. cardiac conditions. uncontrolled high blood pressure. and a past history of psychosis” . “A primer for patients’ usage of medical marijuana” ( Sibbald. CMAJ ; 2001 ) Here are proved instances and testimonies of the medicative necessity of marihuana.
Still Congress and the Supreme Court garbage to alter their opinion that marihuana has no medicative benefits. While they hold fast to their opinion ( s ) . there are still people enduring from the afore mentioned diseases and perchance deceasing. So far. there are 14 provinces that have enacted Torahs that legalized the usage of medical marihuana. Alaska. California. Colorado. Hawaii. Maine. Michigan. Montana. Nevada. New Jersey. Mew Mexico. Oregon. Rhode Island. Vermont and Washington. Parloff. 2009 ) The Approved Conditions in these provinces are: Cachexia. Cancer. Chronic Pain. Epilepsy. AIDS/HIV. Hepatitis C. Anorexia. Arthritis. Glaucoma. Migraine. Persistent Muscle Spasms. including cramps associated with Multiple Sclerosis. Amyotropic Lateral Sclerosis. Crohn’s Disease. Alzheimer’s Disease. Muscular Dystrophy. Seizures. including ictuss associated with epilepsy. terrible sickness and other chronic or relentless medical conditions. All the provinces except Colorado have compulsory Marijuana Registration. Fees range from $ 25 to $ 66. 00 for the initial enrollment. while reclamation fees are $ 10 to $ 20.
Arizona and Maryland are two provinces that passed the Torahs. but did non legalise its usage. ( hypertext transfer protocol: //medicalmarijuana. procon. org In decision. the legalizing of marihuana for medicative intents still has hurdlings to get the better of. Health attention professionals and research workers see the medicative benefits of Marijuana. The Supreme Court and Congress are still reasoning the Pros and Cons. The fact. still stands that marihuana. can be used as a medical specialty and should be legalized in all 50 ( 50 ) provinces of the United States and hopefully in other states. Shouldn’t those enduring have relief? I think so. It is the proper and Christian thing to make.