The latest court ruling from the most liberal appeals court in
the country has pot users and suffering patients rejoicing while
the government cringes.
The 9th Circuit Court of Appeals in San Francisco ruled Tuesday
that doctors who recommend marijuana primarily to patients
suffering from cancer, AIDS and glaucoma cannot have their
physician’s license taken away, nor can the federal
government threaten to investigate them recommending medicinal
marijuana. This decision comes on the heels of a California Supreme
Court ruling three months ago protecting Californians who use
marijuana for medicinal purposes from prosecution in court for
either growing or using the plant.
The Justice Department, which defended the federal government,
is investigating an appeal because the federal government, in its
callousness, wants to prevent sick patients from feeling
better.
The most recent ruling is a thorn in the side of the federal
government’s attempts to limit the usage of medicinal
marijuana. The government counted on stopping doctor recommendation
in order to disallow patients from lawfully growing cannabis for
medicinal use.
Now that the legal barrier has been broken down, there will be
nothing stopping the pained patients from growing and smoking their
own marijuana, which is the least they should be allowed in their
critical conditions.
This story’s personal side is nothing short of
heart-wrenching. There are certainly people who abuse the system
and procure doctor recommendations when they do not really need
them, but the ruling’s benefits far outweigh the costs.
Witnessing a sick grandparent or a terminally ill family member
go through his or her painful experience is horrible. But being
that person must feel worse. If you could ease their pain with
marijuana, what would you do? You’d help them even if
marijuana is what it takes because you would be happy that there is
something available to make their lives less painful.
You’d think the government would agree.
But lawyers for the Justice Department who defended the
government’s position claim that there is no medical purpose
for smoking pot. This argument directly contradicts a 1999 report
from the White House Office of National Drug Control, which states
there is evidence that medicinal marijuana reduces patients’
pain, controls nausea and helps to stimulate appetite.
The hypocrisy of this argument is overwhelming ““ the
lawyers appear to be fishing for a reason, any reason, that would
make the other side seem less credible because they know the
federal government is wrong.
The next argument the government makes against this ruling is
even more absurd. The lawyers claim doctors will be undermining the
government’s war on drugs if they recommend pot as an option
for pain relief. This is the most absurd argument they could
possibly make.
In legal terms, this ruling will in no way decrease law
enforcer’s ability to carry out their duties. In fact, it
will be easier for them because the line between legal and illegal
activity is now more firmly drawn.
In practical terms, the war on drugs is a disaster. It is a
bureaucratic nightmare that only perpetuates itself ““ a
never-ending assault on specific countries and groups that leads us
in circles. It is practically laughable that the government argued
that legalizing medicinal marijuana would lead to a downfall of the
war on drugs. They are already losing the war on drugs.
Some critics of medicinal marijuana say they do not oppose
patients’ rights to use marijuana for medical purposes.
Rather, they believe legalization at this stage will lead to
legalization of all pot usage.
These concerns are two separate issues. Sick patients should not
have to suffer because of worries about the effects of other
legislation on the populace. The fight against all legalization is
different from the fight for people who suffer.
Pot is a hot button issue. It is one that will only gain
prominence as more states take up ballot initiatives and deal with
the legalization issue. But during the debate, we shouldn’t
deny pain relief to those who suffer. It’s too bad our
government just doesn’t understand.
Singer’s column runs every Friday.