Medical Marijuana: An Imperfect Excuse to Attempt Legalization?

While being a medical marijuana patient has its perks, the cannabis you’re consuming is ultimately the same as recreational. So, why the need for this separate industry?

Within the United States, no matter which state you look at, the legalization process starts with medical and eventually leads to adult use. Most of the time, the medical industry simply merges with the recreational - for example, previous medical dispensaries now sell to anyone over 21.

 

Currently, there are 38 states (along with Washington D.C.) that have legalized medical cannabis. 19 of which have legalized recreational cannabis sometime thereafter.

 

This trend is only looking to continue throughout the country with Rhode Island just legalizing adult use and Mississippi legalizing medicinal within the last few months.

 

In fact, if you were to ask the majority of Americans (60%, to be exact), they genuinely believe the cannabis plant should be federally legalized within the near future. ¹

 

Admittedly, the prospects of this seem somewhat slim given the current legislatures in office. However, there’s no denying most states will likely take action into their own hands and follow through with legalization efforts.

 

So, if that’s the case, it can be argued that the medicinal market doesn’t have much value once a recreational industry is implemented.


The Argument: Everyone Consumes Cannabis for its Medical Properties

While we’re sure there are a few outliers out there, we guarantee the majority of people you know who consume cannabis have a reason. Whether it’s for stress and anxiety relief, pain alleviation, better sleep, or to stimulate the appetite, it’s hard to find someone who purchases cannabis simply to get “high.”

 

Naturally, we aren’t denying this is the initial appeal of the plant. But if you’re like us, chances are the enchantment of a “high” was a very adolescent part of the experience. Once you grew older, you didn’t smoke simply to have a good time, you did it because your back hurt or you weren’t sleeping well or your jobs a complete nightmare.

 

Ultimately, you have a medicinal reason to consume cannabis. It’s just that reason doesn’t qualify you for a medical marijuana card.

 

Qualifications for medical cannabis vary from state to state. In California, they’re pretty loose (practically giving a card to anyone). But in Iowa, they’re much more strict (you practically need to be dying to get one).

 

The strictness of qualifications is usually represented by the state’s political leanings: Republican-led states have more severe laws whereas Democrat-led states are a bit looser. Of course, this isn’t always the case as can be witnessed in Oklahoma (Republican-led, fairly loose medical cannabis laws).

 

Still, regardless of strictness, not everyone is going to qualify for a medical card - even if they have a medical reason for consuming cannabis. So, the only way around this is to wait for recreational cannabis, go to a nearby legalized state, or purchase cannabis illegally through the black market.

 

No matter the preference, the law isn’t stopping people from getting their hands on cannabis. We all know this. So, why even bother with a medical industry when we can simply go straight to recreational?


Pros of Medical Cannabis

In states that have legalized both recreational and medicinal cannabis, the medical crowd does have a few perks everyone else is missing out on.

 

One of the more notable perks is anyone over the age of 18 can apply for a medical card. In some states, underage people have the option to with the permission of their parents.

 

Still, the biggest perk is undoubtedly the fact that you can purchase more cannabis than the legal limit. For example, in Oregon, a medical patient is allowed up to 24 ounces of cannabis whereas those purchasing recreationally are allowed up to 8 ounces. In most states, medical patients are allowed to grow more plants as well.

 

Furthermore, medical states usually allow caregivers access to medicinal marijuana. So, for those who are in need of a caregiver, this makes access to cannabis much easier than the recreational market allows.

 

A state may also offer assistance in payments for those who struggle financially. For example, in California, a Medical Marijuana Identification Card (MMIC) costs only $50 for low-income patients compared to the typical $100 price.

 

Beyond these bonuses, the medical industry doesn’t offer anything too different from the recreational industry. In fact, cannabis is all-the-same in both industries which is why they usually merge together.


Cons of Medical Cannabis

The most notable con of medical cannabis is the fact that it’s exclusive to qualifications that are determined by state governments. While it does offer access to many people, it excludes plenty who struggle with ailments that can be relieved with cannabis.

 

Take Robert “Lewy” Lewis of Windsor Heights, Iowa as an example. He’s struggled with chronic pain since 1974 and didn’t find relief until recently when he tried recreational cannabis in Colorado. ²

 

Since Lewis doesn’t qualify for medical cannabis in Iowa, he’s forced to travel to Colorado in order to illegally obtain his medication.

 

This is one of the biggest perks to having a recreational industry - people who don’t qualify for the program still have access to their medicine. Furthermore, it doesn’t give state governments and doctors the right to control whether or not people can put a plant into their body - adult-use cannabis gives people that right.


Why Does the Medical Industry Exist?

As you know, cannabis found itself in a prohibition in the 1930s. However, in the 1970s and 80s, some research started to appear showcasing its potential medical properties for both cancer - more specifically, reduction of chemotherapy side effects - and AIDS patients. ³

 

With that in mind, many started rallying for use of cannabis in a medical setting. And by 1996, California became the first state to legalize medicinal cannabis, passed under the Compassionate Use Act.

 

However, the battle would go on for almost two decades until Colorado became the first state to legalize recreational cannabis in 2012.

 

This pattern has simply become the standard for legalizing cannabis, with each state having its own timeline of events. Still, now that we’re nearly a decade into recreational cannabis being legal somewhere in the U.S., states who’ve been slow to join continue to follow in this pattern - even though it’s almost inevitable the country will completely legalize at some point.

 

So, why even bother with a medical industry when you can give access to everyone? Furthermore, why develop a medical industry only to have strict rules that don’t allow access to people who need it?

 

The simple answer is many are still caught up in prohibition - viewing cannabis as a Schedule I substance. This is why so many states struggle to legalize even medicinal cannabis in the first place.

 

However, on a deeper level, the medical industry allows states to get a feel for how a legal industry will work. It allows them to do so by limiting who has access to cannabis so as not to throw the state into a limbo all at once.

 

Even more so, it gives them the opportunity to prep for an eventual recreational industry. As mentioned, more often than not, the two are able to merge (which is great when it comes to ensuring there’s enough supply for demand).

 

But in states where cannabis is already legalized, beyond the few perks mentioned above, the medical industry almost isn’t necessary. It’s simply another way for the state to collect revenue through licensing.


Reference Sources

¹ Pew Research Center: Americans overwhelming say marijuana should be legal for recreational and medical use: https://www.pewresearch.org/fact-tank/2021/04/16/americans-overwhelmingly-say-marijuana-should-be-legal-for-recreational-or-medical-use/

 

² Iowa Capital Dispatch: Iowans launch marijuana reform campaign aimed at showing public support: https://iowacapitaldispatch.com/2022/06/20/iowans-launch-marijuana-reform-campaign-aimed-at-showing-public-support/

 

³ Pharmacy and Therapeutics: Medicinal Cannabis: History, Pharmacology, And Implications for the Acute Care Setting: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5312634/


Written and Published by Paul James in Weed World Magazine issue 159

Featured Image: Pexels