Patients need medicinal marijuana for relief
The latest court ruling from the most liberal appeals court in the country has pot users and suffering patients rejoicing while the government cringes.
The 9th Circuit Court of Appeals in San Francisco ruled Tuesday that doctors who recommend marijuana primarily to patients suffering from cancer, AIDS and glaucoma cannot have their physician’s license taken away, nor can the federal government threaten to investigate them recommending medicinal marijuana. This decision comes on the heels of a California Supreme Court ruling three months ago protecting Californians who use marijuana for medicinal purposes from prosecution in court for either growing or using the plant.
The Justice Department, which defended the federal government, is investigating an appeal because the federal government, in its callousness, wants to prevent sick patients from feeling better.
The most recent ruling is a thorn in the side of the federal government’s attempts to limit the usage of medicinal marijuana. The government counted on stopping doctor recommendation in order to disallow patients from lawfully growing cannabis for medicinal use.
Now that the legal barrier has been broken down, there will be nothing stopping the pained patients from growing and smoking their own marijuana, which is the least they should be allowed in their critical conditions.
This story’s personal side is nothing short of heart-wrenching. There are certainly people who abuse the system and procure doctor recommendations when they do not really need them, but the ruling’s benefits far outweigh the costs.
Witnessing a sick grandparent or a terminally ill family member go through his or her painful experience is horrible. But being that person must feel worse. If you could ease their pain with marijuana, what would you do? You’d help them even if marijuana is what it takes because you would be happy that there is something available to make their lives less painful.
You’d think the government would agree.
But lawyers for the Justice Department who defended the government’s position claim that there is no medical purpose for smoking pot. This argument directly contradicts a 1999 report from the White House Office of National Drug Control, which states there is evidence that medicinal marijuana reduces patients’ pain, controls nausea and helps to stimulate appetite.
The hypocrisy of this argument is overwhelming – the lawyers appear to be fishing for a reason, any reason, that would make the other side seem less credible because they know the federal government is wrong.
The next argument the government makes against this ruling is even more absurd. The lawyers claim doctors will be undermining the government’s war on drugs if they recommend pot as an option for pain relief. This is the most absurd argument they could possibly make.
In legal terms, this ruling will in no way decrease law enforcer’s ability to carry out their duties. In fact, it will be easier for them because the line between legal and illegal activity is now more firmly drawn.
In practical terms, the war on drugs is a disaster. It is a bureaucratic nightmare that only perpetuates itself – a never-ending assault on specific countries and groups that leads us in circles. It is practically laughable that the government argued that legalizing medicinal marijuana would lead to a downfall of the war on drugs. They are already losing the war on drugs.
Some critics of medicinal marijuana say they do not oppose patients’ rights to use marijuana for medical purposes. Rather, they believe legalization at this stage will lead to legalization of all pot usage.
These concerns are two separate issues. Sick patients should not have to suffer because of worries about the effects of other legislation on the populace. The fight against all legalization is different from the fight for people who suffer.
Pot is a hot button issue. It is one that will only gain prominence as more states take up ballot initiatives and deal with the legalization issue. But during the debate, we shouldn’t deny pain relief to those who suffer. It’s too bad our government just doesn’t understand.
Singer’s column runs every Friday.

