On Tuesday, Oct. 14, the Supreme Court ruled that doctors who discuss or recommend the medical use of marijuana to their patients could not be punished under federal law.
This disappointed Bush administration officials, especially Attorney General John Ashcroft, who sought to deter such advice by means of revocation of federal licenses to prescribe drugs to patients.
According to ABC News, a host of concerned parties ranging from cancer patients and health organizations to the American Civil Liberties Union acclaimed the ruling as a victory in their push for the legalization of medical marijuana. However, the ruling did little to change the federal laws that are already in place against marijuana.
The problem is that the federal law continues to prohibit marijuana from being grown and distributed for any reason, including medical purposes. Therefore, patients whose doctors have recommended them marijuana have no legal outlet from which to purchase it.
If patients are still denied access to drugs that have been repeatedly recommended by doctors, the struggle is far from complete. Doctors support the use of these drugs because they relieve pain and stimulate the appetite, functions that are much needed in patients with serious, long-term conditions such as cancer and AIDS.
These patients rely on marijuana for relief of the excruciating pain that develops from their medical conditions. Some of them have terminal illnesses and would like to spend their last days enjoying the added comfort that marijuana can provide them.
Arguments such as possible addiction or dependency are irrelevant and insensitive in these cases.
Even for patients who do not have terminal illnesses but need temporary prescriptions, the risk of addiction is low.
Besides, there are already painkillers on the market that are just as addictive. Just ask Rush Limbaugh, who is addicted to painkillers that were originally prescribed after he had back surgery.
The Bush administration opposes medical marijuana in its blanket rejection of the legalization of marijuana. This attitude ignores the evidence of the herb’s medical benefits.
The administration displays a contempt for doctors’ ability to determine what is best for their patients. It also disregards the needs of the patients.
In other words, the administration is so concerned with the “war on drugs” that they don’t care if ailing citizens are suffering as a result. Bush needs to re-evaluate his administration’s position. The federal government should not further antagonize these people who are already suffering by failing to prioritize its values.
The Oct. 14 ruling came as a surprise to many advocates for the legalization of marijuana, given the previous conservatism of the Supreme Court on the issue of medical marijuana.
In 2001, it ruled against medical marijuana clubs, admitting no exception to federal law prohibiting marijuana. Its refusal to punish doctors for discussing marijuana with their patients could therefore be interpreted merely as protection for the privacy between doctors and their patients.
The battle for the legalization of marijuana for medical purposes has won greater victories at the state level. Nine states legalized the use of medical marijuana for patients whose doctors have prescribed or recommended its use in their treatment. And, according to CNN, 35 other states passed some form of “legislation recognizing marijuana’s medicinal value.”
The Bush administration is not representing the will of the people in its stance against medical marijuana. Most of states have taken measures to show at least some level of support for it.
Yet the federal government does not take into account popular consensus. It continues to deny hundreds, if not thousands, of patients the medical treatment their doctors recommend.
Katherine Story is a junior history and Spanish major. She can be reached at [email protected].