Introduction
Marijuana or cannabis is a crude drug extracted from cannabis sativa plant. This drug, which is illegal in most parts of the world, has a key component in referred to as delta-9 tetrahydrocannabinol chemical abbreviated as THC (Connolly, p.8). This chemical has medicinal properties; however, it also causes ‘highness’ hence the reason why it is taken for pleasure.
However, abuse of the drug can result to serious consequence, thus calling for the strict regulation of its distribution and taking. Generally, marijuana is taken through smoking of dried leaves of the plant. Some of the consequences of cannabis abuse include compulsive addiction, hallucination, impaired memory, or other fatal health conditions.
Medical cannabis is the use of cannabis and its constituents to treat health complications. Countries that have enacted the use of cannabis in medicine include Canada, and the Netherlands (Congress, p.14686). There is a conflicting difference on the legal regulation of medical cannabis at Federal and State government levels. Primarily, at State level, medical cannabis is outlawed but at the Federal level, it is enacted and legalized.
THC chemical has medicinal characteristics, making physicians to recon that marijuana has the medicinal value than any other plant. In most cases, doctors mainly recommend marijuana for anti-emetic, antispasmodic, and anticonvulsant (Burns, p.125). However, the right amount of dosage to be given to patient is still a subject of discussion in the medical field. In the United States of America, nine states have legalized the use of marijuana by health practitioners (Congress, p.14686).
The policy problem
Description of the problem
Policies governing medical marijuana have various problems: firstly, there are conflicting policies in both the federal and state levels of governance.
This conflict causes a state of dilemma for patients, caregivers and medical practitioners (Abood, p.174). The federal government has the constitutional authority to prohibit marijuana for all purposes and does not recognize the medical purpose of marijuana. Thus, “federal law enforcement officials may prosecute medical marijuana patients, even if they grow their own medicine and even if they reside in a state where medical marijuana use is protected under state law” (Rushefsky, p.296).
In some states where medical marijuana is decriminalized, the maximum amount of marijuana one can possess is not defined. Therefore, there are cases where qualified persons have been arrested for possessing large amount of marijuana (Abood, p.174). Moreover, the policies are not clear on matters of production of marijuana, i.e. patients can grow their own marijuana for therapeutic purposes.
Causes of the problem
The rise of this problem is mainly brought about by the debate on the effectiveness of marijuana in medical interventions (Burns, p.125). There are no solid evidence and data proving the effectiveness of use of medical marijuana. Besides, other medicines can treat illness that medical marijuana treats.
Moreover, decriminalizing medical marijuana in United States may result in easier trafficking of the drug hence increase abuse potential. Finally, it is argued that the use of marijuana in medicine is also not safe (Burns, p.125).
Current policy
At the federal level, marijuana is treated as any other illegal drug in the United States; therefore, any patient who takes this drug is liable to prosecution. Additionally, the medical practitioners can be held accountable for prescribing marijuana to their patients.
In states where medical marijuana is legalized, patients and caregivers require doctors’ recommendations to purchase the drug. Additionally, some states keep a database of persons eligible to acquire the drugs (Shohov, p.81). In addition, the amount that can b e dispensed to patients is regulated by the states. However, some states like California do not regulate the maximum amount of drug that can be dispensed to patients. Further, they do no have a compulsory registry for patients using marijuana.
The medical conditions that can be treated using marijuana are also identified and constantly reviewed by the state governments (Shohov, p.95). Finally, the policy also regulates the institutions that handle marijuana for research purposes i.e. University of Mississippi is the only institution legally to supply marijuana for research (Burns, p.125). Medical practitioners can face revocation if they are found guilty of contravening medical marijuana laws (Abood, p.174).
Policy goals
The goal of the federal state policy is to limit the trafficking of cannabis in the country and its abuse. The objective of states that have enacted the use of marijuana is to protect their people with health issues but at the same time controlling its abuse. Moreover, due to the concerns of safety of use of medical marijuana, federal policies aim to prevent marijuana (Burns, p.125).
Policy alternatives
The legal policies governing medical marijuana need to be reviewed and alternative policies established. Conflict of policies between the federal and state governments needs to be resolved, as they do not serve any good to the citizens.
First alternative
The federal government should legalize use of medical marijuana in all states in the United States of America. The policy should standardize and regulate the maximum amount of marijuana one should possess.
Additionally, for accountability, the state governments, through their health system, should keep a database of all patients under medical marijuana for constant evaluation. Importantly, the suppliers, distributors, and growers would require a special permit or license to deal with medical marijuana. Finally, medical marijuana should be dispensed to persons with physicians’ recommendations only.
The importance of legalization of medical marijuana is that, the government will be able to monitor and control marijuana in the country. More research on effects of medical marijuana can be easily done in research institutions. The limitation of legalization is that there is a possibility of abuse of drug for pleasure; normally, patients can take marijuana for medical purposes but not for leisure (Boire & Feeney, p.36).
Second alternative
The federal administration will relax its policies on medical marijuana provided that people comply with the set laws at the state level. Patients and practitioners will be able to access the drug without fear of prosecution. The new guidelines will also permit suppliers of medical marijuana to distribute the product to the qualified persons only (Abood, p.174). However, the federal system can prosecute any medical marijuana case in states that have not decriminalized medical marijuana.
The limitation of this policy is that suppliers can engage in distribution of marijuana for recreation with the cover of medical marijuana. Since medical marijuana is not federally legalized, patients in states that have not decriminalized medical marijuana will be discriminated from access to marijuana medication. Additionally, the policy does not give the government “legal obligation to supply marijuana to those who needed it for medical purposes” (Abood, p.174).
Policy Recommendation
Description
The government should recognize that marijuana has therapeutic attributes and hence legalize medical marijuana. A sound policy that will govern use of marijuana in health provision should be enacted at the federal level of government in order to create coherence. Besides, a large number of people are in favor of legalization of medical marijuana (Boushey, p.163).
Additionally, the government should be tasked to provide marijuana drugs to patients and research institution in order to prevent potential influx of drug trafficking. Importantly, lowering the level of schedule of marijuana would make the drug more accessible to patients and research institutions.
Moreover, the policies on recreational use of marijuana should be reexamined and education of youth on the consequences of abuse of marijuana. Policies on how to promote more research on the effects of medical marijuana should be made, which should also spell out health conditions that should be treated with marijuana.
Justification
The illegalization of medical marijuana is hurting many people and denying them the right to access much needed health care remedy. Besides, the illegalization does not necessarily deter patients from using marijuana, but rather, it pushes them to use black market products.
Medical marijuana used from black market without proper medical supervision can result to serious complication to patients. If the government is involved in the provision of marijuana to patients, it can curtail the work of street drug gangs. Moreover, many scientific researches have concluded that marijuana is the best and cheapest remedy for certain health conditions (Rushefsky, p.289).
Conclusion
The challenges of medical marijuana arise due to various factors; firstly, the current scientific evidence supporting the medical efficacy of marijuana is limited. Secondly, there is some concern that a formal change in policy may increase the recreational use of marijuana and the negative health and social costs that are associated with its use.
The policies of medical marijuana in the United States of America are conflicting, as some states have decriminalized medical marijuana while the federal government has not. The recommendation for dealing with the problem of medical marijuana is to legalize it. In doing so, the government will be able to serve the interests of its people while controlling abuse.
Works Cited
Abood, Richard. Pharmacy Practice and the Law. Sudbury: Jones & Bartlett Learning, 2010.
Boire, Richard & Feeney, Kevin. Medical Marijuana Law. Oakland: Ronin Publishing, 2007.
Boushey, Graeme. Policy Diffusion Dynamics in America. NY: Cambridge University Press, 2010.
Burns, Marcelline. Medical-legal aspects of drugs. AZ: Lawyers & Judges Publishing Company, 2007.
Congress. Congressional Record, V. 150, Pt. 11, June 25, 2004 to July 14, 2004. Washington: Government Printing Office. 2009.
Connolly, Sean. Marijuana. North Mankato: Black Rabbit Books. 2006.
Rushefsky, mark. Public Policy in the United States: At the Dawn of the Twenty-First Century. M.E. Sharpe. 2007.
Shohov, Tatiana. Medical use of marijuana: policy, regulatory, and legal issues. NY: Nova Publishers. 2003.