Medical Marijuana in the United States

Medical Marijuana in the United States

David E. Strother

Union Institute and University

GWRI 102, Spring/Summer II 2016-17

Author Note

This paper was prepared for GWRI 102, Design an Effective Research Paper, taught by Baker, Jason, E.

        Abstract

        The legalization of medical marijuana in many states throughout the nation has caused much controversy. Proponents of legalization tout the medical benefits to patients with several conditions. Opponents focus their arguments on addiction and crime. Published medical studies and the conclusions drawn from them to show the effectiveness of marijuana as a medicine. I will also refer to crime statistics in states where marijuana is legal for medical and recreational purposes. Opiate abuse is the leading, underlying factor in an overwhelming number of crimes. These include thefts, frauds, domestic violence, burglaries and robberies. The use of medical marijuana to reduce the instances of opiate addiction will have a direct effect on the reduction of crimes in the United States. With the expansion of legalized medical marijuana across the county comes much controversy. Science has proven the effectiveness of marijuana as a legitimate medication, with a less chance of addiction than many commonly used opiate medications currently prescribed on a regular basis.

History of Marijuana Laws

        The first noted law criminalizing marijuana was a 1914 El Paso Texas City ordinance.  This ordinance banned the sale and possession of marijuana. At the time, and in that area marijuana was mainly considered a “Mexican” drug. Many today believe that this ordinance had less to do with marijuana and more to do with discrimination against people of Hispanic ethnicity. The ordinance took effect on June 14,1915 and provided for fines of up to two hundred dollars. (History of Marihuana Legislation, nd). That is the equivalent of $4,828.64 today. (Value of $200 by Year, nd).

        The Marijuana Tax Act of 1937 was the first federal law regarding marijuana. The Act levied a tax on anyone who dealt commercially in cannabis, hemp, or marijuana. The Act did not itself criminalize the possession or usage of hemp, marijuana, or cannabis. It did include penalty and enforcement provisions to which marijuana, cannabis, or hemp handlers were subject. Violation of these procedures could result in a fine of up to $2000 and five years' imprisonment. (Marihuana Tax Act of 1937, nd). This fine would be the equivalent of $34,490.29 today.

        Some parties have argued that the aim of the Act was to reduce the size of the hemp industry by businessmen Andrew Mellon, Randolph Hearst, and the Du Pont family. With the invention of the decorticator, hemp became a very cheap substitute for the paper pulp that was used in the newspaper industry. Hearst felt that this was a threat to his extensive timber holdings. 

        This law took the same stance as earlier Federal legislation such as the Opium Tariff Statutes and the Harrison Narcotic Act. These laws focused on raising revenue rather than criminalization. In 1842, opium was placed on the tariff lists for the first time. Then in 1862, morphine was added to the tariff list. (McLaughlin, G. & Quinn, T. , 1973)

        In 1951, Congress passed the Boggs Act, which increased penalties for all drug violators. For the first time in federal drug legislation marihuana and the narcotic drugs were lumped together. Then, in 1956, Congress passed the Narcotic Control Act, escalating the penalties still further. Once again the states responded in kind. (McLaughlin, G. & Quinn, T. , 1973)

        In 1970 Congress passed the Controlled Substances Act. This act serves as the legal foundation of the government's fight against drugs of abuse. The act consolidated several laws regulating the manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, steroids, and chemicals used in the illicit production of controlled substances. (McLaughlin, G. & Quinn, T. , 1973)

        Many people are unaware that the purpose of the act, was to enable the United States to comply with the requirements of 2 international treaties, the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances.

        The Controlled Substances Act places substances into one of five schedules. This classification is based on the substance's medical value, harmfulness, and potential for abuse or addiction. According to the Drug Enforcement Administration, Schedule I drugs, substances, or chemicals are defined as “drugs with no currently accepted medical use and a high potential for abuse.” These include heroin, lysergic acid diethylamide (LSD), 3,4-methylenedioxymethamphetamine (ecstasy), and marijuana. (Drug Scheduling, nd)

        Schedule II drugs, substances, or chemicals are defined as “drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence.” These drugs are also considered dangerous. Cocaine, methamphetamine, methadone, fentanyl, carfentanil, hydromorphone and oxycodone are listed as schedule II drugs. (Drug Scheduling, nd)

        Schedule III drugs, substances, or chemicals are defined as “drugs with a moderate to low potential for physical and psychological dependence.” Tylenol with codeine, ketamine, anabolic steroids, testosterone are examples of schedule III controlled substances. (Drug Scheduling, nd)

        The substances in schedule’s IV and V are considered to have a lower level of potential for dependency. Schedule IV lower than schedule III and so forth. (Drug Scheduling, nd)

Scientific value of Medical Marijuana

        Being classified as a schedule I drug makes it difficult for physicians and scientists to procure marijuana for research studies. Being in the schedule I classification defines marijuana as medically useless and therefore restricts access for research. The federal government mandates that all marijuana grown for use in scientific research studies, comes from the federal government.

        Currently the only location that produces marijuana legally for use in research is overseen by the National Institute on Drug Abuse. It is grown in a single facility located at the University of Mississippi.

        According to an article published in the Washington Post on March 13, 2017, “The maximum THC level contained in the government grown marijuana is 13%. However, after receiving a batch for her clinical trial to test the efficacy of medical marijuana for military veterans suffering from PTSD, Sue Sisley, a researcher conducted testing on the product. She found that the THC level was closer to 8%.”