Legal Commentary

Feds Stifle Research, But Support for Pot Decriminalization Grows

By Jonathan H. Adler

Many doctors and patients believe there are many legitimate medical uses for marijuana, yet there is relatively little serious scientific evidence to support such claims, particularly as concerns smoking it.  One reason for this could be that the federal government makes it so difficult ? indeed, virtually impossible ? to conduct scientific research on marijuana?s potential medical benefits, as today?s NYT reports.

Lyle E. Craker, a professor of plant sciences at the University of Massachusetts, has been trying to get permission from federal authorities for nearly nine years to grow a supply of the plant that he could study and provide to researchers for clinical trials.

But the Drug Enforcement Administration ? more concerned about abuse than potential benefits ? has refused, even after the agency?s own administrative law judge ruled in 2007 that Dr. Craker?s application should be approved, and even after Attorney General Eric H. Holder Jr. in March ended the Bush administration?s policy of raiding dispensers of medical marijuana that comply with state laws.

?All I want to be able to do is grow it so that it can be tested,? Dr. Craker said in comments echoed by other researchers.

Marijuana is the only major drug for which the federal government controls the only legal research supply and for which the government requires a special scientific review.

Despite these limitations, fourteen states have legalized the medicinal use of marijuana, most recently New Jersey. Some are even beginning to debate going further and decriminalizing marijuana altogether.  States? fiscal woes are only likely to reinforce this trend as legislators consider the potential revenue stream taxing legal marijuana could provide.

The WSJ editorial page was pathologically hostile to any discussion of drug legalization under the late Bob Bartley.  Under Paul Gigot, however, the Journal has broadened its range of published opinions and has even begun to publish the occasional pro-decriminalization op-ed piece.  The most recent was this piece last week by a New Jersey psychiatrist.  Could a call for decriminalization from within GOP ranks be far behind?

Full post as published by The Volokh Conspiracy on January 19, 2010 (boomark / email).