The Right to Medical Marijuana Get it Straight

Jay R. Cavanaugh, PhD
August 2003

The Bush Administration has weighed in on the battle over whether or 
not 
State approved medical marijuana programs should continue to help the 
chronically ill and dying. Specifically, the Federal Government wants 
to 
go after physicians who merely “recommend” cannabis to a patient. The 
Justice Department is appealing a Ninth Circuit Court ruling that 
enjoined the DEA from acting against those physicians who wish to 
approve cannabis. 

The Bush Administration will argue before the Supreme Court that 
Federal 
Law trumps State Law and that to allow State physicians to recommend 
cannabis will endanger the Controlled Substances Act under which the 
Bush folks wage the “War on Drugs”. In an opening salvo a Senior Bush 
attorney has compared State Medical Marijuana Programs in nine States 
to 
the resistance of Southern States to Civil Rights. 

“States cannot choose when to abide by federal law and when not to, 
Justice 
Department lawyer Mark Quinlivan said Saturday.” He went on to say that 
the States have no more right to provide for compassionate medical 
marijuana programs than States had to enforce Jim Crow and segregation 
laws.

It’s a vast understatement to say that Quinlivan totally misses the 
point. The right to utilize medical marijuana with a physician’s 
recommendation is both the States Right to regulate medical practice, 
and just as importantly, the individuals Rights under the Constitution.

What Quinlivan utterly fails to acknowledge is that States certainly 
can 
choose to ignore Federal Law when that law is unconstitutional. 
Numerous 
challenges to the Federal attack on medical marijuana are currently 
wending their way through the Federal Courts as is a formal petition to 
reschedule cannabis. Citizen and State resistance to the Federal effort 
is based on a number of Constitutional issues including States Rights 
but also involving Constitution restrictions on Federal power in 
general. 

Further, State approved medical marijuana programs do not restrict 
civil 
rights like Jim Crow but just the opposite they protect the patients 
civil rights. Incredibly, Quinlivan fails to recognize that segregation 
was not just in conflict with Federal laws but more importantly Jim 
Crow 
was in conflict with the United States Constitution just as Bush’s acts 
against medical marijuana are.

Is the Bush Administration really interested in some version of Civil 
Rights? That is what Quinivan’s sophistry would imply. Skepticism over 
such interest is certainly warranted in light of the unprecedented 
assault on civil rights by the Bush sponsored Patriot Act, its 
opposition to Affirmative Action, its attack on Oregon’s Death with 
Dignity Law, and on down the line. 

The only “Right” the Bush Administration is interested in is the right 
for the Federal Government to impose the Administrations moral crusade 
regardless of the Constitution, the laws of the States, or the 
cherished 
rights of individuals. Bush initiatives are increasingly tyrannical in 
nature calling into question our nations right to tell other nations 
how 
to behave. 

Once upon a time we had a Federal Government concerned enough about 
Civil Rights to forcefully intervene to free Americans from unjust 
State 
Laws. Today we have citizens and States fighting a Federal Government 
to 
keep Civil Rights. Let’s get it straight, Bush is no conservative nor 
is 
he a civil libertarian. He seeks Federal control over medicine, 
science, 
education, law enforcement, and any other area of public life that you 
can think of. ;