America’s relationship with
marijuana has been conspicuosly tumultuous and political. In this century, marijuana, a substance that has enjoyed a rich medical history dating back thousands of years, has been relegated to merely another target in the
war on
drugs.
Such a war has been responsible for thousands of casualties in individuals suffering from
illnesses such as cancer and
AIDS, who cannot receive legally a form of treatment which can relieve their
pain. Consequently, many otherwise law-abiding
citizens have been forced to violate
federal law. In many cases, these same individuals face
criminal prosecution and possible
incarceration. The recent burgeoning of
medical marijuana laws in states throughout that country suggests that Americans will no longer tolerate this treatment of the seriously ill.
The federal
government could elect the respect to the will of people by rescheduling marijuana or by exercising their prosecutorial discretion in a way that formally ends the prosecution of medical marijuana
patients. It also can choose to protect the citizens against themselves. If so, should it be
consistent with the notions of fairness,
liberty and
justice?