Medical Marijuana Prohibition: It’s Not About Rollin’ a Fatty
Some people think medical marijuana is a big joke. Most of these people are otherwise good, long-standing members of law enforcement; trained to believe that marijuana (all marijuana) is contraband. For these people, “medical marijuana” is the same thing as “medical burglary” (impossible!).
The fact that the laws of 12 States currently recognize the existence of medical marijuana, not “medical burglary,” shows that such people are wrongheaded. But the rule of law is not the only evidence of a “medical” distinction that makes all the difference when talking about marijuana.
What is another distinction? Purpose or teleology (the natural end of a thing). For instance, if the reason a person uses marijuana is to ease the pain associated with a serious illness, then the marijuana in question is “medical.” However, if the marijuana is used for non-medical purposes, then it is not “medical”—it is, instead, mere “marijuana.”
Now the use of marijuana for medical purposes can take two forms. First, the use of marijuana can be for express medical purposes. In this case, a person consciously (with full knowledge) uses marijuana to relieve the suffering associated with a serious illness. There are hundreds of thousands of these kinds of medical marijuana patients.
Second, medical marijuana can also be used implicitly or unknowingly. Here, a person who has a serious illness, but does not know it or does not know that marijuana helps relieve it, unknowingly self-medicates with marijuana in social settings. The purpose, to be clear, is to get “high,” but primarily to feel better, not party or make new friends. There are millions of these kinds of medical marijuana patients.
The implicit medical marijuana patient is difficult to distinguish from the true non-medical user, because they often associate with each other; however, the express medical marijuana patient is easy to spot: just look for a doctor’s recommendation to use cannabis for medical purposes. The aforementioned 12 States will protect the latter person from criminal sanction, however, the Federal Government will not, because it sees no distinction between any of the above; none at all.
As far as the Federal Government is concerned, the simple possession of marijuana for any purpose is unlawful. This is the view at least of those political people with the authority to regulate the interstate commerce of drugs—contrarily the Court has suggested that medical marijuana patients, either express or implied, are protected by due process from Federal criminal sanction if the use of marijuana is truly medical.
Why does the Federal Government (politics) take such a draconian view of marijuana? Follow the money. First, medicine is just one known use of the plant known to science as Cannabis sativa L. There is a lot of money in medicine. Billions. Second, marijuana is also known to be a pleasant intoxicant, not unlike a cold beer. There is a lot of money in beer. Billions. Finally, marijuana is also known as hemp; a non-medical, non-intoxicating industrial plant with renewable uses that range from paper/fabric, to fuel and food. There is a lot of money there, too. Trillions.
Thus, legitimate medical marijuana patients are made to suffer because they have less political clout than the pharmaceutical industry, the alcohol industry, and the oil/tobacco/timber industries combined. Why would people who currently profit from marijuana prohibition want to end it?
Remember, Al Capone did not turn himself in—it took ordinary people (courage) to stop alcohol prohibition. It will take the same to end the prohibition of marijuana. The stakes, of course, are just as big, i.e., the peace and security of the people.
Kenneth Michael White is an attorney and author of “The Beginning of Today: The Marihuana Tax Act of 1937” and “Buck” (both by PublishAmerica 2004). Visit www.thebeginningoftoday.com for more information.
The fact that the laws of 12 States currently recognize the existence of medical marijuana, not “medical burglary,” shows that such people are wrongheaded. But the rule of law is not the only evidence of a “medical” distinction that makes all the difference when talking about marijuana.
What is another distinction? Purpose or teleology (the natural end of a thing). For instance, if the reason a person uses marijuana is to ease the pain associated with a serious illness, then the marijuana in question is “medical.” However, if the marijuana is used for non-medical purposes, then it is not “medical”—it is, instead, mere “marijuana.”
Now the use of marijuana for medical purposes can take two forms. First, the use of marijuana can be for express medical purposes. In this case, a person consciously (with full knowledge) uses marijuana to relieve the suffering associated with a serious illness. There are hundreds of thousands of these kinds of medical marijuana patients.
Second, medical marijuana can also be used implicitly or unknowingly. Here, a person who has a serious illness, but does not know it or does not know that marijuana helps relieve it, unknowingly self-medicates with marijuana in social settings. The purpose, to be clear, is to get “high,” but primarily to feel better, not party or make new friends. There are millions of these kinds of medical marijuana patients.
The implicit medical marijuana patient is difficult to distinguish from the true non-medical user, because they often associate with each other; however, the express medical marijuana patient is easy to spot: just look for a doctor’s recommendation to use cannabis for medical purposes. The aforementioned 12 States will protect the latter person from criminal sanction, however, the Federal Government will not, because it sees no distinction between any of the above; none at all.
As far as the Federal Government is concerned, the simple possession of marijuana for any purpose is unlawful. This is the view at least of those political people with the authority to regulate the interstate commerce of drugs—contrarily the Court has suggested that medical marijuana patients, either express or implied, are protected by due process from Federal criminal sanction if the use of marijuana is truly medical.
Why does the Federal Government (politics) take such a draconian view of marijuana? Follow the money. First, medicine is just one known use of the plant known to science as Cannabis sativa L. There is a lot of money in medicine. Billions. Second, marijuana is also known to be a pleasant intoxicant, not unlike a cold beer. There is a lot of money in beer. Billions. Finally, marijuana is also known as hemp; a non-medical, non-intoxicating industrial plant with renewable uses that range from paper/fabric, to fuel and food. There is a lot of money there, too. Trillions.
Thus, legitimate medical marijuana patients are made to suffer because they have less political clout than the pharmaceutical industry, the alcohol industry, and the oil/tobacco/timber industries combined. Why would people who currently profit from marijuana prohibition want to end it?
Remember, Al Capone did not turn himself in—it took ordinary people (courage) to stop alcohol prohibition. It will take the same to end the prohibition of marijuana. The stakes, of course, are just as big, i.e., the peace and security of the people.
Kenneth Michael White is an attorney and author of “The Beginning of Today: The Marihuana Tax Act of 1937” and “Buck” (both by PublishAmerica 2004). Visit www.thebeginningoftoday.com for more information.
posted by Kenneth Michael White | 2:52 PM
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