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Marijuana for legal usage - counterpoint
3-26-'07 | NORML | by Tom Brandt

The U.S. federal law that currently prohibits the production, sale, possession and use of marijuana is the Controlled Substances Act. This 1970 statute is enforced by the attorney general through the Drug Enforcement Administration.

The CSA outlaws any natural or synthetic substance containing the psychoactive cannabinoid THC, the compound responsible for most of marijuana's narcotic effect.

Cannabis that contains THC, which the CSA calls "Marihuana," is listed as a 'Schedule I' narcotic. This is the most dangerous of the act's five controlled-substance categories.

According to the CSA's definition, Schedule I substances have a high potential for abuse and no safe or effective medical use, even when used under a doctor's supervision.

Over a dozen U.S. states have passed laws that conflict with the CSA's regulations and cities in almost two dozen states have adopted local ordinances relaxing the penalties or enforcement of federal cannabis laws.

Regardless of their earnest intention to reflect the public's growing acceptance of marijuana, these state and local laws remain subordinate to the federal restrictions of the CSA, according to the U.S. Supreme Court.

In its 2005 decision in "Gonzales vs. Raich," the high court affirmed the federal government's ability to ban cannabis even for medical purposes. The Supremacy Clause of the U.S. Constitution allows federal law to override state law.

In cities and states whose governments have "decriminalized" the production, sale, possession or use of marijuana, federal sentencing laws still threaten potential pot users with heavy fines and jail sentences.

The Anti-Drug Abuse Act of 1986 even allows the death penalty to be used against what the act defines as "drug kingpins." That's regardless of where in the U.S. the kingpin gets busted.

Loosening state and local restrictions is not the answer to the cannabis conundrum.

One promising treatment for sick patients who need medical marijuana is a new class of drugs containing synthetic THC. The prescription pill Marinol and nasal spray Sativex both contain an artificially produced form of THC and are federally approved for U.S. distribution.

Synthetic THC is expensive however, and it's only one of over 60 cannabinoids that are found in natural cannabis. Many of these natural cannabinoids are promoted as therapeutic by organizations like the National Organization for the Reform of Marijuana Laws

Drugs like heroin and cocaine are also listed under the CSA as Schedule I narcotics, but if Americans decide that marijuana shouldn't be listed with these other drugs, we don't need to change federal law. We just need to change presidents.

Remember, all that it would take to make marijuana legal is to remove its Schedule I classification under the Controlled Substances Act.

Rescheduling marijuana wouldn't require changing federal law because schedule changes under the CSA are made by the secretary of the U.S. Health and Human Services Department and the attorney general.

Since the secretary of HHS and the attorney general are both nominated by the U.S. president, Americans can get legal marijuana as soon as we elect a cannabis-friendly president.

How about that?

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SWP



"I'm not into this detail stuff. I'm more concepty." -- "If I know the answer I'll tell you the answer, and if I don't, I'll just respond, cleverly." -- "Secretary Powell and I agree on every single issue that has ever been before this administration except for those instances where Colin's still learning." -- "As we know, there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns: the ones we don't know we don't know."

 

Buzzby

When I saw "NORML" in the attribution line, I had certain expectations about what would be in the article. When I read it, I said, "This does not sound like anything coming out of NORML! It's full of inaccuracies and some borderline Reefer Madness™."

The DEA doesn't have patrol cars. It doesn't sneak up on kids smoking in the park. It doesn't bust people who have an ounce or two of weed. The feds are interested in large scale growers and distributors, not individual smokers. While it is technically illegal to possess any amount of marijuana under federal law, you and I (unless you happen to be a dealer) have nothing to worry about from federal law enforcement.

It's sure a good way to keep the issue on the front burner. Waiting for the feds to pay attention to what we want never had much effect.

Except that Sativex does not use synthetic cannabinoids. They're extracted from God's own cannabis plants. From GW Pharmaceuticals' (manufacturers of Sativex) website:

How does GW produce its cannabinoid medications?
GW's cannabinoid medications are derived from standardised extracts of proprietary cannabis plant varieties bred to exhibit a pre-determined content of cannabinoids. These extracts are incorporated into pharmaceutically-appropriate drug delivery technologies and then undergo pre-clinical and clinical testing prior to submitting applications to national regulatory authorities.

Except that cocaine is a Schedule II drug. It's used as a local anesthetic for eye surgery and a few other things.

That's a really stupid idea - unless you really don't want to see cannabis legalized. Neither major political party is going to put forward a cannabis-friendly candidate as long as two-thirds of the electorate don't think it should be legal for recreational purposes. I can count all of the third-party Presidents on no fingers.

What's needed before we're going to get the weed legalized at the federal level is to change the attitude of the electorate. That can only be accomplished by a massive public education campaign. Massive public education campaigns are expensive.

There are an estimated 24,000,000 cannabis consumers in the United States. The three major pro-legalization organizations have only 60,000 member (0.25%). Five of those members contribute around $9,000,000. The other 57,995 contribute another $9,000,000. $18,000,000 is a drop in the bucket compared to what the feds spend on their campaign of lies that make out marijuana to be an evil, dangerous drug. If every one of those 24,000,000 pot smokers kicked in a mere $25/yr., less than you'd spend for a single evening's entertainment, the legalization movement would have $600,000,000/yr. to do the job we need it to do.

Do your part. Join one or more of these groups and contribute what you can afford. It's an investment in your future and the future of all of your brother and sister pot smokers.

National Organization for the Reform of Marijuana Laws (NORML)

Marijuana Policy Project (MPP)

Drug Policy Alliance (DPA)

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eltone

As previously mentioned. First off Sativex is not yet available in the U.S., only Canada and maybe parts of Europe, plus as you said Marinol takes longer to act, is more expensive and is harder to titrate your dose. Thank you for acknowledging that. I live in the corn/pigheaded state Of Iowa. Where our Rep Tom Harkin (D-Ia) believes and tells the people, "That if you smoke marijuana you will find yourself huddled in a corner willing to sell your children for just one more hit of marijuana." As soon as we get all politicians like Harkin out of office the sooner Government can get the hell out of the way of Scientific and Medical Advances. Given the fact that the people today are ahead of the government regarding the use of marijuana, we the people must use our power of the VOTE to get all things cannabis legal. Wouldn't that be heaven? Imagine the financial gains from the cost of pursuit for breaking the law to the profits from fuel, food, clothing, fiber and medicine from the cannabis/hemp plant!!! Someday, someday, you mark my words marijuana will be legal recreationally and medically. Simply because the laws against marijuana are not scientifically, or medically based they are prejudiced and ignorantly based. The people in office today are the tail end of the "Reefer Madness" crowd, who believe the propaganda like "Reefer Madness" as truth plus all the other scare tactics used by our government. I think it's safe to say that if you smoke marijuana you will NOT have an irresisitable urge to kill your family like the government says. That's the trouble with our nation Federal government and state do not agree on the existing marijuana laws. The two reasons that the Feds have for keeping marijuana in a schedule 1 catagory have been totally blown out of the water, i.e. that marijuana has no excepted medical use in America and that marijuana is addictive. Already there is much disrespect from the people towards the government especially because the DEA continues to prosecute the sick and dieing, saying Medical Marijuana is just a front for total marijuana legalization. Well Mr. Politician, there is no acceptable good reason to keep marijuana illegal. Don't bekieve me take it from your own DEA Chief Administrative Law Judge who said, "Marijuana, in its natural form, is one of the safest theraputically active substances known. It would be unreasonable, arbitrary and capricious for the DEA to continue to stand between those sufferer's and the benefits of the substance."...Francis L. Young---DEA Chief Administrative Law Judge 1988. Peace...