Frequently Asked Questions
About Medical Marijuana
- Does the public support medical marijuana?
- Does medical research support medical marijuana?
- Who would benefit from allowing access to medical marijuana?
- Aren't there other medications that work just as well?
- Does allowing medical use of marijuana send the wrong message to kids?
- Does allowing medical use of marijuana increase overall use?
- Do patients in other states have legal access medical marijuana?
- How does the Supreme Court fit in?
Does the public support medical marijuana?
Yes, and
overwhelmingly so. A 2004 report by UConn Center for Survey Research
and Analysis found that 83% of Connecticut residents think
adults should be allowed to use marijuana for medical purposes if a
doctor prescribes it. (1)
The American Association 2005 research survey
conducted by the American Association of Retired Persons (AARP) found
that 72% of people 45 years of age and older
agree that adults should be allowed to legally use marijuana for medical
purposes if a physician recommends it. (2)
A 2002 Time Magazine poll conducted found 80% of U.S. citizens support
the legalization of medical marijuana. (3)
Does medical research support medical marijuana?
Yes.
Medical research has firmly established that marijuana is a medically valuable
treatment for some conditions because it can alleviate
pain, increase appetite and decrease nausea. In the most comprehensive
study of the medical efficacy of marijuana, the Congressionally chartered
Institute of Medicine's (IOM) 1999 report on medical marijuana found “the
accumulated data indicate a potential therapeutic value for cannabinoid
drugs, particularly for symptoms such as pain relief, control of nausea
and vomiting, and appetite stimulation.” (4)
The study further found that “for patients such as those with AIDS or
who are undergoing chemotherapy and who suffer simultaneously from severe pain,
nausea, and appetite loss, cannabinoid drugs might offer broad-spectrum relief
not found in any other single medication.” (5)
Additionally, many prominent medical and professional organizations
have endorsed the medical use of marijuana, including: Connecticut
Nurses Association, Institute
of Medicine, American Academy of Family Physicians, American Bar Association,
American Public Health Association, American Society of Addiction Medicine,
AIDS Action Council, California Academy of Family Physicians, Colorado Nurses
Association, Consumer Reports Magazine, The Grey Panthers, Kaiser Permanente,
Lymphoma Foundation of America, National Association of Attorneys General,
National Lawyers Guild, National Nurses Society on Addiction, and the New
England Journal of Medicine.
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Who would benefit from allowing access to medical
marijuana?
Medical use of marijuana would benefit those with
debilitating medical conditions such as cancer, HIV/AIDS, multiple
sclerosis, or
epilepsy.
The American Cancer Society estimates that there will be almost 17,000
new
cancer cases in Connecticut in 2005 alone, and over 7,000 cancer deaths.
(6) The Connecticut Department of Public Health, on December 31, 2004,
issued its latest
analysis of HIV and AIDS cases in the state: 13,889 residents live with
AIDS,
while 1,031 residents are HIV-positive. (7)
The suffering of these patients, many of them in the final stages
of their lives, is devastating for them and their loved ones. The fear
of arrest for
using medicine that has been proven to help them adds to the suffering of
the patient and their caretakers.
Not all patients living with these conditions will need medical marijuana,
but it is important that doctors have this option available for those patients
who would benefit from the treatment.
Aren’t there other medications
that work just as well?
Marinol is an oral medication that contains many of
the components of marijuana and is currently available by prescription.
However, this
is not a viable solution for many patients. Research has shown that
Marinol is often poorly absorbed and patients complain that dosage
is hard to monitor and control. Marinol is also more psychoactive than
marijuana, and thus many patients have trouble with the intoxication
level.
The bottom line in practice is that for some patients suffering from
symptoms of cancer, AIDS, and other serious diseases, only marijuana
offers relief and
significantly improves their quality of life. For many patients, marijuana
also has fewer side effects than other heavy pain and nausea medications.
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Does allowing medical use of marijuana
send the wrong message to kids?
In states that allow medical marijuana, recreational use among youth
has not increased. In fact, according to the California Student Survey,
use among 11th graders dropped 21%, use among 9th graders dropped 44%
and use among 7th graders dropped 34% since the passage of medical
marijuana legislation in California. (8)
Does allowing medical use of marijuana increase overall
use?
According to the 1999 Institute of Medicine report, “[T]here
is broad social concern that sanctioning the medical use of marijuana
might increase its use among the general population. At this point
there are no convincing data to support this concern. The existing
data are consistent with the idea that this would not be a problem
if the medical use of marijuana were as closely regulated as other
medications with abuse potential…No evidence suggests that the
use of opiates or cocaine for medical purposes has increased the perception
that their illicit use is safe or acceptable.” (9)
Do patients in other states have legal access medical
marijuana?
Ten states currently allow patients legal access to medical
marijuana: Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada,
Oregon,
Vermont, and Washington. Thirty six states—including Connecticut—plus
the District of Columbia have passed legislation recognizing marijuana’s
medicinal value.
Additionally, the federal government is currently supplying seven
patients with medical marijuana. In 1978 the federal government created
the Investigational
New Drug (IND) compassionate access program, which allowed some patients
to receive medical marijuana directly from the federal government.
Unfortunately,
the IND was closed in 1992 after it was flooded by applications from AIDS
patients. Today seven surviving patients still receive medical marijuana
from the federal
government each month. No more applications are being accepted, which is
why state medical marijuana laws are so important.
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How does the Supreme Court fit in?
Neither
Raich v. Ashcroft, to be decided by the U.S. Supreme Court in 2005,
nor Oakland Cannabis Buyers’ Cooperative v. Ashcroft,
decided by the Supreme Court in 2001, affect the authority of the states
to legislate in the area of medical marijuana.
The Raich case involves the attempt by two medical marijuana patients
in California to curtail the federal government’s police power to confiscate their
medicine. It has long been assumed by the courts, legislatures and legal scholars
that the federal law enforcement officials have (under current federal law)
the authority to seize marijuana from patients notwithstanding state law protections.
The ten states that have enacted medical marijuana laws did so with this understanding.
The plaintiffs in Raich, however, have challenged this assumption, claiming
that their cultivation and use of medical marijuana does not implicate interstate
commerce, and therefore does not trigger the legitimate exercise of federal
police power. If, as is likely, the Supreme Court rejects the plaintiffs’ challenge
in Raich, the status quo will prevail: the federal government’s power
to enforce marijuana laws will not be enhanced; the states’ power and
authority to enact and enforce state medical marijuana laws will not be diminished;
and none of the state medical marijuana legislation that is on the books, or
in the works, will be affected.
Prepared by the Drug Policy Alliance, February 2005
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