medical marijuana doctor

Marijuana is back in the news. Or, if you prefer, pot, weed, dope, reefer, or cannabis. It is back in the news because the Supreme Court of Maine concluded that their is a hierarchy of law in the United States. It essentially recognized that in the beginning, there were colonists who landed here. They had conflicts with the natives, fought competing colonists from other European powers, and then revolted against their own king. After that war for independence, the Constitution of the United States was drafted and ratified by the states. It is the bedrock of our nation, a recognition of our rights, a tribute to the power of the people, and should be respected. The Constitution grants power to the United States Government. That power was granted by the states and the people who had just earned their independence. And, those people made the federal government supreme, the federal law supreme. I periodically run across someone lecturing at a conference or spouting on social media about how many states in which marijuana is "legal." The answer to that question is zero. Certainly, state legislatures have removed their state law prohibitions on possession and use.

But, marijuana is illegal according to the laws of the United States, "any Thing in the Constitution or Laws of any state to the Contrary notwithstanding." See Medical Marijuana, and So Federal Law Matters in Colorado. It bears noting that no American doctor prescribes pot. Even in the setting in which they insist that it is "medicinal," no doctor will write a prescription. Physicians may "recommend" it, but will not prescribe it. That, in itself is a harbinger. The doctors will not prescribe it because doing so could get them into trouble with the Federal Government, which regulates the distribution of controlled substances. Prescribing could result in federal sanction, so recommend it they do instead. The doctors know it is illegal. In at least one of those cases in which an employer was ordered to violate federal law, the basis was not medical evidence of efficacy. It was not scientific proof that the pot would provide relief or respite or cure. We do not know what the effects of weed will be. I touched on that in What will the next Thirty Years Teach Us, where the New Mexico situation is discussed at length.

Thirty years ago, the workers' compensation community drank the Kool Aid regarding opioids, and the narcotics flowed like candy in the Wonka factory. And, people were damaged. They became addicted, they decompensated, they acclimated to dosages, and a fair few died. The community was seemingly lied to or mislead into Opioids. There is consensus today on that, regret, anger, and more. But the same community now seemingly rushes headlong for weed. Not because of science, not based on medical evidence, but because some find it makes them feel better. Comedian Ron White was arrested for marijuana possession in Florida some years back; he had less than a gram. He joked "when I have seven-eighths of a gram of marijuana, I consider myself to be out of marijuana." He explained that he has a "medical marijuana" card issued in California. Asked for what condition, he explains it is for depression. He explains that his doctor asked what depressed him, and he explained he becomes depressed when he runs out of marijuana. A funny and circular logic comedy routine, but a great illustration of the logic used by the New Mexico courts to order the employer there to violate United States law.

If the patient says it makes her/him feel better, then does logic dictate that the employer should be ordered to provide it? The Maine judge and workers' compensation board, both sworn to uphold the laws of the United States ordered Twin Rivers Paper to violate federal law. The employer sought review by the Supreme Court of Maine. There is no "State right to commit a federal crime." A corollary hypothetical might illustrate. Maine law prohibits kidnapping. See Title 17A, Maine Criminal Code. If Maine concluded that there is no real harm in kidnapping (it might make someone "feel better"), and decriminalized it, kidnapping would nonetheless still be illegal. See 18 U.S. Code § 1201. Imagine that occurred. Imagine further that someone thereafter seized me, locked me in the trunk of my rental car at Augusta airport, and demanded a ransom for my return. Following some crack police work, I am released and the perpetrator is arrested.

Would anyone imagine that the person would not be prosecuted because kidnapping has been decriminalized in Maine? Perhaps a reader will comment and endorse that analysis. But, I doubt it. Likely everyone will agree that the kidnapper would still be prosecuted under federal law. But, in this hypothetical kidnapping is not illegal in Maine. Using the marijuana advocate argument, kidnapping is "legal" in Maine. What if we extended the hypothetical a bit further. Certainly, this is preposterous. No one will conclude this is appropriate. But, they will try to tell you dope is different from kidnapping. But, when I have pressed that comparison with audiences, no one has provided either logic or law in their defense of their perceived distinctions. Every time I raise this comparison, the reefer advocates resort to their "it makes him feel better" argument and their "he's not hurting anyone like a kidnapper" distinctions. They resort to feelings and emotions, sympathy and anecdotal "success" stories. They can never address the simple fact that the stuff is illegal.