House Of Representatives To Debate The Medical Use Of Marijuana

March 10, 1998, Washington, D.C.: The House of Representatives will likely vote Tuesday, March 17, on a "sense of the House Resolution" stating that "marijuana is a dangerous and addictive drug and should not be legalized for medical use." House Resolution 372 -- spearheaded by Rep. Bill McCollum (R-Fla.), chair of the Crime Subcommittee of the House Judiciary Committee—further declares that "the United States House of Representatives is unequivocally opposed to legalizing marijuana for medicinal use, and urges the defeat of state initiatives which would seek to legalize marijuana [as a medicine.]". The Crime Subcommittee and full Judiciary Committee previously voted to adopt the resolution on February 24 and March 2.

Ironically, the resolution’s chief sponsor—Rep. McCollum—introduced legislation in Congress to permit the legal use of medical marijuana in 1981 and 1983. At that time, the issue of granting legal access to medical marijuana was a cause advanced primarily by Republican members of Congress. Unfortunately, Republicans now treat this issue as if it were part of the "War on Drugs" rather than a public health issue, and are willing to deny an effective medication to the sick and dying to advance their political agenda.

Subcommittee Action

On February 24, House Resolution 372 won the approval of all seven Republicans present at the subcommittee mark-up, while being opposed by the two Democrats in attendance, Reps. John Conyers (Mich.) and Sheila Jackson Lee (Texas).

Before passing the resolution, the Republicans rejected an amendment offered by Rep. Conyers, ranking Democrat on the House Judiciary Committee, stating that the "States have the primary responsibility for protecting the health and safety of their citizens, and the Federal Government should not interfere with any state’s policy (as expressed in a legislative enactment or referendum) which authorizes persons with AIDS or cancer to pursue, upon the recommendation of a licensed physician, a course of treatment for such illness that includes the use of marijuana."

Republicans argued that any lifting of the legal ban prohibiting marijuana, even for medical purposes, would send mixed and potentially dangerous messages to the American public about drug use. Conyers said that the federal government has no right to interfere in the relationship between a doctor and a patient.

"We are talking about patients with the most serious illnesses a person can have—people who may very well die," Conyers said. "And for these patients, there is substantial medical literature suggesting that marijuana can reduce their suffering. ... It is unconscionable to deny them an effective medicine."

Conyers later called the resolution "the height of Washington centered arrogance."

Ironically, the subcommittee’s action came just one day after the National Academy of Sciences Institute of Medicine (IOM) held its third and final symposium on the merits of marijuana therapy. The IOM organized the conferences as part of a federally funded 18-month review of the scientific evidence demonstrating marijuana’s therapeutic value.

Judiciary Committee Action

On March 2, 1998, the full Judiciary Committee debated and approved Resolution 372 by a voice vote despite efforts by several Democrats to kill or amend the measure. Representative McCollum led the Republican position, and Reps. John Conyers, William Delahunt (D-Mass.), Barney Frank (D-Mass.), Zoe Lofgren (D-Calif.), Martin Meehan (D-Mass.), Jerold Nadler (D-N.Y.), and Melvin Watt (D-N.C.) argued against the measure.

"Medical marijuana is a public health issue," said Rep. Nadler, who vigorously opposed the bill. "[It] is not part of the ‘War on Drugs.’" Nadler later displayed an enlarged version of a former bill introduced by McCollum to legalize marijuana for medical purposes and scolded Republicans, stating "The politics have changed; the facts have not. ...[Legalizing the medical use of marijuana] was the right thing to do then and it’s the right thing to do now."

Three members of the committee, Reps. James Rogan (R-Calif.), Lofgren, and Watt surprised those in attendance by relating moving accounts of family members or close friends who had suffered from a terminal illness, two of whom had used marijuana to relieve their pain and suffering. Nonetheless, Rogan voted with all other Republicans in support of the resolution.

Before passing the resolution, Republicans again rejected Conyers’ "states’ rights" amendment. Republicans also rejected an amendment proposed by Rep. Meehan calling on the House of Representatives to "consider this issue ... deserving of further study."

McCollum argued that it would be "counterproductive" for Congress to encourage medical marijuana research or request the Food and Drug Administration to review the drug’s prohibitive status.

"[I] do not want to go on record supporting another study [on medical marijuana,]" McCollum said. "[Congress] must send a clear message [that] ... marijuana is a highly addictive Schedule I drug ... with no likelihood of FDA approval." Rep. McCollum also said that he no longer supports the stance he took in the 1980s when he urged the federal government to make marijuana legal as a medicine.

Vote on the House Floor

The full House will likely take this resolution up for consideration next Tuesday, March 17. Please contact your member of Congress today and urge them to oppose this misguided effort.

For help in identifying the name of your member of Congress, please visit the NORML web site at: www.norml.org. Interested parties may send a free fax to Congress from the NORML site. To call the House of Representatives directly, please contact the Congressional switchboard operator at: (202) 224-3121 or address mail to: Rep. _______, House of Representatives, Washington, DC 20515.

Although this proposed resolution has no legal significance, it should be aggressively opposed. We must remind Congress that a significant body of science supports the medical use of marijuana, and even more importantly, that basic compassion requires we permit seriously ill and dying patients legal access to any drug that will alleviate their pain and suffering. Polls consistently show that the American public overwhelmingly support the medical use of marijuana.

There will be many additional Congressional votes on marijuana policy over the coming years as America begins to seriously question the "War on Drugs" and examine alternative policies. However, this vote is important because it defines the beginning of the end of marijuana prohibition in Congress. This will mark the first debate and vote on marijuana policy on the floor of Congress in many years. It is the low-water mark against which we will measure future gains.

Please contact your member of Congress now and urge them to oppose House Resolution 372, and to support H.R. 1782, a bill introduced by Rep. Frank to reschedule marijuana to under federal law to allow the legal use of marijuana as a medicine. House Bill 1782 is currently pending in the House Commerce Committee, Subcommittee on Health and Environment.