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The Legal and Halakhic Question of Medical Marijuana

Simi Lampert

Issue date: 11/25/09 Section: Features
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Perhaps even more significant is the recent decision of the American Medical Association (AMA) to support declassifying marijuana as a Schedule I drug. Under the U.S. Drug Enforcement Administration, drugs are assigned a level or 'schedule' in order to regulate controlled substances. While drugs such as cocaine and morphine are Schedule II, considered to have high potential for abuse and addiction but also medically legitimate, marijuana is grouped alongside LSD and heroin in Schedule I, described as having "no currently accepted medical use in treatment in the United States" in addition to its potential for abuse. Advocates of legalizing medical marijuana wish to, at the very least, shift marijuana from Schedule I to II, and as of this month these groups have been joined by the respected AMA.

As with any medical ethical dilemma, the authorities' main struggle lies in attempting to balance the beneficence and non-maleficence of this drug. This means that the curative powers of marijuana must be weighed against its possibility to affect harm. On one hand, evidence exists that cannabis has been used for centuries for its ability to stem nausea, relieve pain, and even assist in weight gain, among other remedial faculties. In spite of these medical uses of marijuana, doctors are presently permitted to prescribe cocaine and morphine -but not marijuana.

On the other hand, drugs from this class, cannabinoids, have been shown to negatively impact memory, perception and judgment, as well as cause respiratory diseases when ingested via smoking. In spite of all this, advocates point out that all pharmaceutical drugs have their risks and side effects accompanying the powers to heal and relieve pain.

Marijuana, however, is so commonly exploited as a recreational drug that the stakes are higher. The legalization or decriminalization of medical cannabis and the accompanying accessibility of the plant raises the concern of increased recreational use. Additionally, marijuana has potential as a "gateway drug" leading to interest in and possible addiction to other and worse drugs. The medical community is currently divided on whether marijuana itself is an addictive product. PhD candidate at University of Maryland, Laura Frank, who teaches medical ethics in Baltimore, believes that the medical benefits of marijuana far outweigh the risks. She maintains that there is no reason to bar the legalization of cannabis for strictly regulated medical use, and that the only reason it has not happened thus far results from stigma attached to marijuana. As she points out, even over-the-counter pain relief pills can lead to intense illnesses; everyday commodities such as cigarettes can cause lethal lung cancer, yet the only regulation on tobacco is taxation. The balance of potential benefits and harm of marijuana should be left to medical experts who are aware of the needs of each patient.
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Viewing Comments 1 - 5 of 5

Anonymous

posted 11/25/09 @ 1:10 PM EST

Not bad. Covered most points clearly and concisely. Another support for cannabis legalization is the potential increase to government revenues if taxed properly (like cigarettes and alcohol). (Continued…)

Anonymous

posted 11/25/09 @ 2:12 PM EST

http://money.cnn.com/2009/09/11/magazines/fortune/medical_marijuana_legalizing.fortune/?postversion=2009091116

Mary Lynn Mathre

posted 11/25/09 @ 6:10 PM EST

Overall a good article. I would offer 2 comments: 1)cannabinoids have been found to affect memory, perception and judgement - but not necessarily in a negative manner. (Continued…)

Michael Tew

Michael J Rigby

posted 12/06/09 @ 8:17 PM EST

"as well as cause respiratory diseases when ingested via smoking" There is absolutely no evidence that smoked marijuana causes respiratory disease.
Fact: Moderate smoking of marijuana appears to pose minimal danger to the lungs. (Continued…)

Paper Writers

posted 12/09/09 @ 6:19 AM EST

It is rather controversial question about marijuana.

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