Legality of Legalization of Marijuana for Medical Purposes - Case Study Example

The legalization of marijuana for medical use is a controversial topic in America. Some states legally allowed the use of marijuana for some diseases for which the doctors prescribed it as a medicine whereas some other states are still not allowing even the patients to use or keep marijuana under their possession. The United States is a federal democratic country and different laws concerning the use of the same substance at different places in America itself are not a good sign.

In the November 2000 general election, Coloradoans passed Amendment 20, and the Colorado Department of Public Health and Environment (CDPHE) was tasked with implementing and administering the Medical Marijuana Registry program in March 2001, the State of Colorado Board of Health approved the Rules and Regulations about the administration of the program, and on June 1st, 2001 onwards, the Registry began accepting and processing applications for Registry Identification cards (The Colorado Medical Marijuana Registry, 2010). This paper briefly analyses the legality of the legalization of marijuana use in Colorado State.

The legality of Legalization of marijuana use in Colorado State

“To date, marijuana is still classified as an illegal Schedule 1 drug by the Controlled Substances Act. It is defined as having "no accepted medical use in treatment in the United States" (Roth, 2008). American Federal courts are still serious about the use of marijuana. For them, marijuana is still an addictive and dangerous substance that can damage a person physically and psychologically. In other words, American courts are yet to be convinced by the medical use of marijuana and they are still banning marijuana use in America. But according to the American legal system, states have the authority to implement certain laws under their jurisdiction, and marijuana use comes under the state’s jurisdiction which allowed Colorado to pass such legislation.

It is already proved that marijuana can help patients in relieving their pains from certain diseases. If so, there is no harm in allowing patients the use of marijuana to get rid of the pain. It should be remembered that the topic of the legalization of physician-assisted suicide or mercy killing is gaining ground all over the world. Under such circumstances, there is no point in denying the patients the luxury of pain relief.

“In June 2005, the U.S. Supreme Court ruled against medical use of marijuana, but emphasized the decision was not over whether marijuana is effective for pain relief” (Medical Marijuana - Medicinal Marijuana - Medical Uses Of Marijuana, 2010). The Supreme Court’s finding itself reveals that the court is not sure about the consequences of marijuana use. The court upheld the traditional belief by the continuing support extended towards marijuana prohibition rather than looking deeply or analyzing the issue more comprehensively.

Conclusions

Marijuana use is a controversial topic in America as even the judiciary is not unique in its opinions and verdicts. Even though the Supreme Court still prohibits marijuana use in America, many state courts like the one in Colorado, allowed marijuana use under their jurisdiction. It is not a good sign for the authority of the American Supreme Court over state courts.