With the Supreme
Court apparently poised to rule that federal law strictly forbids voters,
judges and local officials to sanction the medical use of marijuana,
the dilemma of how to respond to citizen initiatives supporting such
use in California and seven other states is now back in the hands of
those who created the problem: Congress and the Food and Drug Administration.
That gives both legislators
and the Bush administration a chance to do what should have been done
years ago--move marijuana from Schedule 1, the outlaw category for
dangerous drugs devoid of any possible medicinal value, to at least
Schedule 2, the classification for potentially addictive drugs like
morphine and cocaine that nevertheless have some potential medicinal
value.
When Congress ordered the
FDA to classify marijuana as a Schedule 1 drug in the Controlled Substances
Act of 1970, its intent was clear. It meant to put a lid on the pot
culture that was then thought to be demoralizing the nation. Now the
agency's blanket prohibition is looking increasingly arbitrary, political
and unscientific.
Marijuana's medical benefits
have been described by people ranging from the 1st century Greek physician
Dioscorides, who prescribed cannabis to treat gout, to former President
Ronald Reagan's political director, Lynn Nofziger, who told reporters
last week that marijuana was the only drug he could find to help his
daughter control the vomiting and diarrhea she suffered during cancer
treatment. Since 1998, medical authorities including the editor of
the New England Journal of Medicine and the National Academy of Sciences
have documented marijuana's unique ability to relieve both intractable
pain and nausea.
Federal authorities like
former anti-drug czar Barry McCaffrey have rightly pointed out that
laws sanctioning marijuana use like California's Proposition 215,
passed in 1996, are worded in carelessly sweeping ways that could
encourage recreational use. The government's continued insistence
on keeping marijuana in Schedule 1, however, will only undermine the
credibility of federal drug laws. By contrast, moving marijuana to
Schedule 2 would allow the FDA to strictly regulate and oversee any
medical use of the drug.
Marijuana is not the harmless
drug that some of its supporters imply it is: People who smoke it
ingest more harmful tar than do cigarette smokers, for instance. But
it has significant medical value, unlike tobacco, an addictive and
toxic drug the FDA doesn't even bother to regulate.
The administration--which
only last week scolded Health and Human Services Secretary Tommy G.
Thompson for suggesting that the FDA should regulate tobacco as a
drug--is surely not eager to go easy on marijuana. Nevertheless, with
a clear majority of voters supporting some limited medical uses, the
administration will have a hard time dodging the ball the Supreme
Court is likely to throw it.