“Nothing is either good or bad, only wishing makes it so.” It’s an adage that fits snugly around Monday’s Supreme Court ruling on medical marijuana.
At first glance, it seems to be bad news: the court votes eight to nothing (with one recusal) to prohibit the distribution of marijuana for medical purposes. It’s well-known that many doctors recommend the use of marijuana for patients with AIDS, cancer and other illnesses. Marijuana use can fight nausea and increase appetite, some say it eases glaucoma by relieving pressure on the eyes. Now, it seems, people who are suffering may have a harder time finding relief. That’s bad news. The good news is that the Supreme Court ruling is limited to the distribution of marijuana and court watchers say the larger question of medical marijuana use remains unaddressed.
To be sure, in an opinion signed by four other justices, Justice Thomas wrote marijuana has no currently accepted medical use in the U.S., but that seemed to be more of an aside than the point of the opinion. Justices Stevens, Souter and Ginsburg, in a concurring opinion, took pains to note that this case is specifically not about use, but distribution.
The case which went before the court involved an injunction, not a criminal charge. The Oakland Cannabis Buyers’ Cooperative is now enjoined from distributing marijuana. For practical purposes, the cooperative will have to jump through a few hoops, but it should be able to continue providing marijuana to people who need it. That’s good news.
What is also good news is that the Supreme Court seems to be inviting Congress to weigh in on medical marijuana. Marijuana buyers’ clubs have long operated under a wink-and-nod arrangement with local, state and federal officials and this ruling should help force a wider public debate on the issue. A number of states have statutes that permit the therapeutic use of marijuana by the chronically ill. In most of those states, the statutes were written as the result of ballot initiatives, which is to say medical marijuana is popular among voters. If ballot initiatives were available in more states, there would undoubtedly be more medical marijuana statutes on the books. By the same token, the current state of affairs clearly indicates few state lawmakers are willing to introduce legislation to legalize medical marijuana.
Given the state of affairs in Washington, DC, it’s a sure bet that a medical marijuana law will not be forthcoming from this Congress, or probably the next Congress or several Congresses to come. That’s bad news.
Back in Oakland, the cannabis buyers’ cooperative is thinking about becoming a growers’ cooperative. Each patient would own a plant in a communal “grow room” and stop by periodically to pluck off the buds, thereby avoiding the injunction. The cooperative has the support of the Oakland City Council and the Oakland Police Department. Because California allows the medical use of marijuana, it will be up to federal authorities to bring Oakland cannabis users back to court, if they see fit to do so.
Across the country, buyers’ clubs continue to emerge, in some places at great risk, like New York, where some Rockefeller-era drug laws are still in force. The good news – the real good news – is that people are beginning to realize this issue is not about criminal behavior, it’s about health care and if enough people speak their minds, our “leaders” may actually find the courage to lead. The real bad news is that too often we have to see a loved on -someone in our own house – wasting away from illness before we realize our short-sighted drug laws are turning the sick and dying into criminals for no reason.
Good News, Bad News
“Nothing is either good or bad, only wishing makes it so.” It’s an adage that fits snugly around Monday’s Supreme Court ruling on medical marijuana.
At first glance, it seems to be bad news: the court votes eight to nothing (with one recusal) to prohibit the distribution of marijuana for medical purposes. It’s well-known that many doctors recommend the use of marijuana for patients with AIDS, cancer and other illnesses. Marijuana use can fight nausea and increase appetite, some say it eases glaucoma by relieving pressure on the eyes. Now, it seems, people who are suffering may have a harder time finding relief. That’s bad news. The good news is that the Supreme Court ruling is limited to the distribution of marijuana and court watchers say the larger question of medical marijuana use remains unaddressed.
To be sure, in an opinion signed by four other justices, Justice Thomas wrote marijuana has no currently accepted medical use in the U.S., but that seemed to be more of an aside than the point of the opinion. Justices Stevens, Souter and Ginsburg, in a concurring opinion, took pains to note that this case is specifically not about use, but distribution.
The case which went before the court involved an injunction, not a criminal charge. The Oakland Cannabis Buyers’ Cooperative is now enjoined from distributing marijuana. For practical purposes, the cooperative will have to jump through a few hoops, but it should be able to continue providing marijuana to people who need it. That’s good news.
What is also good news is that the Supreme Court seems to be inviting Congress to weigh in on medical marijuana. Marijuana buyers’ clubs have long operated under a wink-and-nod arrangement with local, state and federal officials and this ruling should help force a wider public debate on the issue. A number of states have statutes that permit the therapeutic use of marijuana by the chronically ill. In most of those states, the statutes were written as the result of ballot initiatives, which is to say medical marijuana is popular among voters. If ballot initiatives were available in more states, there would undoubtedly be more medical marijuana statutes on the books. By the same token, the current state of affairs clearly indicates few state lawmakers are willing to introduce legislation to legalize medical marijuana.
Given the state of affairs in Washington, DC, it’s a sure bet that a medical marijuana law will not be forthcoming from this Congress, or probably the next Congress or several Congresses to come. That’s bad news.
Back in Oakland, the cannabis buyers’ cooperative is thinking about becoming a growers’ cooperative. Each patient would own a plant in a communal “grow room” and stop by periodically to pluck off the buds, thereby avoiding the injunction. The cooperative has the support of the Oakland City Council and the Oakland Police Department. Because California allows the medical use of marijuana, it will be up to federal authorities to bring Oakland cannabis users back to court, if they see fit to do so.
Across the country, buyers’ clubs continue to emerge, in some places at great risk, like New York, where some Rockefeller-era drug laws are still in force. The good news – the real good news – is that people are beginning to realize this issue is not about criminal behavior, it’s about health care and if enough people speak their minds, our “leaders” may actually find the courage to lead. The real bad news is that too often we have to see a loved on -someone in our own house – wasting away from illness before we realize our short-sighted drug laws are turning the sick and dying into criminals for no reason.
Don’t wait until it’s your turn to be a criminal.