Pompo

Avoid a hasty remedy to a bad law
4/1/09|Foster's Daily Democrat| Editorial



It is time to allow the use of marijuana for medical purposes.

Now illegal under federal law, there is sufficient evidence to show the drug has value in treating illnesses. At the same time, let's be sure reform is undertaken in an orderly manner.

A bill before the New Hampshire Senate determines, "Modern medical research has discovered beneficial uses for marijuana in treating or alleviating the pain, nausea and other symptoms associated with a variety of debilitating medical conditions, as found by the National Academy of Sciences' Institute of Medicine in 1999." The legislative findings also conclude, "State law should make a distinction between the medical and non-medical use of marijuana. Hence the purpose of this act is to protect patients with debilitating medical conditions, as well as their physicians and designated caregiver, from arrest and prosecution, criminal and other penalties, and property forfeiture if such patients engage in the medical use of marijuana."

The measure is a sensible one — one that probably should have been enacted before this, but standing in the way has been federal law prohibiting such medical use.

The present law gets its support from the Commerce Clause of the U.S. Constitution, along with the Fourteenth Amendment and the spending power of Congress that allows it to do things that affect states. Federal law regarding marijuana had its genesis in the 1937 Marijuana Tax Act and the Controlled Substance Act was upheld by the U.S. Supreme Court in 2005.

A broader marijuana debate has been burning for decades and it is one in which we choose to not engage at this time. It is the narrower discussion — the medical use of marijuana — that occupies our attention.

The federal law places a barrier in the way of marijuana's prescribed medical use, but has allowed the use of opium derivatives for generations. Morphine and codeine have become staples in the control of pain — controls administered under professional and regulatory standards.

Marijuana has been found to be useful in treating patients suffering from cancer and other debilitating diseases, as well as relieving such symptoms as pain, inflammation and nausea in many cases.

There are 13 states, including Maine, Vermont and Rhode Island, that allow the medical use of marijuana with a doctor's approval or certification.

U.S. Attorney General Eric Holder said last week the Justice Department will no longer go after small dispensaries that sell cannabis for medical use — not as long as those dispensaries comply with state laws. Holder's position is one that uncomplicates the ability of states to take a direction in which they have been reluctant to move.

Despite Holder's stance, the federal law prohibiting the use of marijuana for medical purposes does not go away. It's simply a law the Justice Department will not enforce.

A bad law may be a law that should not be enforced. But to ignore laws is not the way to bring about reform.

The Obama Administration will have a lot on its plate during the next several months — maybe during the next few years. Medical marijuana reform is unlikely to occupy a high position, nor, probably, should it.

If any water is going to be carried in support of repealing the federal law, it will have to come from a prominent member of Congress — and someone not associated with a host of liberal causes.

Meanwhile, the state Senate should delay action on HB 648 — act in a manner that will ensure it is being sent to a committee of conference and held over at least until the Legislature reconvenes in January 2010, thus avoiding a hasty remedy to a bad law.

Victor_vicious

Soo....you think patients should be in pain and dying until it is convenient. If you really want to do the research you will find that the States regulate what medicines are available in that state. If it were your father dying from cancer would you still want to wait until its convenient? I can hear the conversation now. "No dad, I can't get you marijuana, its not a convenient time right now, here try some more morphine".
They told us it was the law, if you don't like it change it. Now we make changes to laws and they say its not a convenient time and while I have sympathy for peoples pain......BULLSHIT.
The more intelligent argument would be, lets get together with the thirteen states that have some form of Medical Marijuana, find out what is the best way to get Medical Marijuana to every patient in our state that the Doctors say would be helped by using it. 25% of the population is allowed to use it, why should the patients in our state suffer for one more day because the 'Federal Government' refuses to look at the evidence. Get the facts, we have been listening to this 'too busy' with 'real problems' too truly care about 'our citizens' crap since TrickyDick came up with this drug war to take care of the 'black problem'. We will change the law one state at a time if necessary. This delay tactic is not going to fly sport. VV

DoobieBrother

Amen, Victor. Amen.