A bill to legalize marijuana for medical purposes has now been around the Legislature for the past three years. This year, the State Senate approved the bill.
I voted against the bill, even though I have sympathy and compassion for many individuals who believe that smoking marijuana helps alleviate their pain. I want my constituents to understand why this bill is bad policy, even if it would help some people.
The bill, as finally passed by the State Senate, would be a law enforcement nightmare.
First, marijuana is still considered a Schedule 1 controlled substance (most regulated) under federal law. Legalizing marijuana under state law would not make it legal under federal law. The federal government could legally bust and prosecute anyone who grew or possessed marijuana – even if it were legal under state law.
Second, doctors cannot legally prescribe marijuana, nor can pharmacists dispense it. Therefore, the bill had to establish an informal distribution system. Doctors would “recommend” marijuana. Registered “non-profit organizations” could grow up to 12 marijuana plants per “qualifying patient.” Primary “care givers” would be allowed to sell and deliver marijuana to five patients, and make money on the transaction. “Qualifying patients” could obtain a registration card if a doctor recommended marijuana for “intractable pain.”
Basically, anyone could create a registered organization or become a primary care giver. There are no limits to the number of organizations that could legally grow marijuana. Therefore, literally thousands of non-profit corporations could be established throughout the state to grow marijuana.
Third, registered organizations, which grow marijuana, could be located anywhere as long as they were 500 feet away from a church or school. Main street store fronts could be established to recruit “qualified patients” to sell marijuana to. This sends a confusing and mixed message to our teenagers.
Fifth, there is no quality control required for medical marijuana. Some marijuana might contain 5% of active ingredients (THC); other marijuana could contain 15% of active ingredients. How would doctors be able to properly “recommend” marijuana for their patients when the dosage is unknown?
Fifth, organizations and patients having registration cards would be entitled to confidentiality and immunity from arrest or criminal prosecution. Police could not search the growers or users of medical marijuana without reasonable notice. Again, this makes law enforcement nearly impossible.
Sixth, senior citizens or vulnerable adults with cancer or other intractable pain would become ripe-targets, when others seek to steal their medical marijuana.
Seventh, in other states that have approved medical marijuana, the demand greatly exceeded the expectation. For example, in the State of Oregon, estimates were that 500 persons would ask for medical marijuana cards. Within a few years, over 14, 000 individuals were registered. I believe that the same number of people would register in Minnesota. Police argue that this proves that people can get marijuana for non-medical use too easily.
Finally, marijuana remains a gateway drug to other drugs. The ready-accessibility of medical marijuana would send a message that marijuana is also appropriate to use recreationally, and would lead to greater use of other illegal drugs.
Perhaps, someday the federal government will change its laws and allow doctors to prescribe and pharmacists to dispense. Advocates for medicinal marijuana should lobby Congress to change federal law first.Then states could better regulate and dispense marijuana thru pharmacists. Until then, adopting a medical marijuana law is a prescription for confusion and greater drug use in Minnesota.