Paternalistic legislation, even when warranted, must be logically consistent both in theory and in practical application, in the case of marijuana, prohibitions against its medicinal use, even if still unproven in clinical trials, is logically and ethically inconsistent with the legal status of substances like tobacco which are devoid of any possible beneficial use and which, unlike marijuana, have actually been proven to cause disease and premature death.
Governmental paternalism is appropriate in many instances, including ensuring the safety and efficacy of substances used for medicinal purposes. However, the application of paternalistic legislation must, if nothing else, be logically consistent.
Federal prohibition criminalizing marijuana, even for medicinal purposes, is completely unjustified, particularly in light of the legal status of tobacco, which has absolutely no beneficial medical use and whose recreational use accounts for tremendous human harm.
References
The American Medical Marijuana Association website, (2007)
Retrieved November 21, 2007, at http://americanmarijuana.org/
Advocate organization dedicated to the legalization of marijuana for medicinal purposes.
Brecher, E.M. (1972) Licit and Illicit Drugs: The Consumers Union Report.
Boston: Little, Brown & Co.
Textbook detailing the cultural...
(2002) Shouting Fire: Civil Liberties in a Turbulent Age
New York: Little Brown & Co.
Critical literary work on the relationship between constitutional law and civil rights in the 21st century authored by civil rights lawyer and Harvard University law professor, Allan Dershowitz.
Johnson, G. (2007) California Supreme Court to Rule on Medical Marijuana and Employment; the California Aggie (11/21/07). Retrieved November 21, 2007 from the California Aggie Online website, at http://media.www.californiaaggie.com/media/storage/paper981/news/2007/11/21/CityNews/California.Supreme.Court.To.Rule.On.Medical.Marijuana.And.Employ ment-3113074.shtml
Print news article appearing in subscription newspaper.
Miller, a.R. (1983) Miller's Court. New York: Houghton-Mifflin
Critical literary work on constitutional law, civil rights, and the moral justification for paternalistic legislation authored by attorney and Harvard University law professor, Arthur Miller.
Taylor, R. (1982) Freedom, Anarchy, and the Law: An Introduction to Political Philosphy. Buffalo: Prometheus
Critical literary work on the logical basis for social norms, laws, civil rights, and the morality of ethical principles in human life authored by renowned ethicist, and Cornell philosophy professor Richard Taylor.
