THE FALLACY OF MARIJUANA FOR MEDICINAL USE SMOKED MARIJUANA IS NOT MEDICINE In 1970, Congress enacted laws against marijuana based in part on its conclusion that marijuana has no scientifically proven medical value. Likewise, the Food and Drug Administration (FDA), which is responsible for approving drugs as safe and effective medicine, has thus far declined to approve smoked marijuana for any condition or disease. Indeed, the FDA has noted that “there is currently sound evidence that smoked marijuana is harmful,” and “that no sound scientific studies support medical use of marijuana for treatment in the United States, and no animal or human data support the safety or efficacy of marijuana for general medical use.”3 The United States Supreme Court has also declined to carve out an exception for marijuana under a theory of medical viability. In 2001, for example, the Supreme Court decided that a ‘medical necessity’ defense against prosecution was unavailable to defendants because Congress had purposely placed marijuana into Schedule I, which enumerates those controlled substances without any medical benefits. See United States v. Oakland Cannabis Buyers’ Cooperative et al., 532 U.S. 483, 491-92 (2001). In Gonzales v. Raich, 545 U.S. 1 (2005), the Court had another opportunity to create a type of ‘medical necessity’ defense in a case involving severely ill California residents who had received physician approval to cultivate and use marijuana under California’s Compassionate Use Act (CUA). See Raich, 545 U.S. at 9. Despite the state’s attempt to shield its residents from liability under CUA, the Supreme Court held that Congress’ power to regulate interstate drug markets included the authority to regulate wholly intrastate markets as well. Consequently, the Court again declined to carve out a ‘medical necessity’ defense, finding that the CSA was not diminished in the face of any state law to the contrary and could support the specific enforcement actions at issue. In a show of support for the Raich decision, the International Narcotics Control Board (INCB) issued this statement urging other countries to consider the real dangers of cannabis: Cannabis is classified under international conventions as a drug with a number of personal and public health problems. It is not a ‘soft’ drug as some people would have you believe. There is new evidence confirming well-known mental health problems, and some countries with a more liberal policy towards cannabis are reviewing their position. Countries need to take a strong stance towards cannabis abuse.4 The DEA and the federal government are not alone in viewing smoked marijuana as having no documented medical value. Voices in the medical community likewise do not accept smoked marijuana as medicine: •
The American Medical Association (AMA) has always endorsed “well-controlled studies of marijuana and related cannabinoids in patients with serious conditions for which preclinical, anecdotal, or controlled evidence suggests possible efficacy and the application of such results to the understanding and treatment of disease.” In November 2009, the AMA amended its policy, urging that marijuana’s status as a Schedule I controlled substance be reviewed “with
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