A Misunderstanding

Decriminalization
of Marijuana for Medical Purpo
withTheMary
Jane

 1931

Convention for Limiting the

Manufacture and Regulating the
Distribution of Narcotic Drugs
1961- Single Convention on Narcotic
Drugs
1972 Dangerous Drug Act
2002 Comprehensive Dangerous Drug
Act

Prohibited Acts
Cultivation
Production
Manufacture
Possession
Sale
Purchase
Delivery
Use

Single Convention Narcotic

Drugs Preamble
Recognizing

that the medical use

of narcotic drugs continues to be
indispensable for the relief of
pain and suffering and that
adequate provision must be made to
ensure the availability of narcotic
drugs for such purposes

 Desiring

to conclude a generally
acceptable international convention
replacing existing treaties on
narcotic drugs, limiting such drugs
to medical and scientific use

- R.A. 9165 Section 2

(2)
The government shall however aim
to achieve a balance in the
national drug control program so
that people with legitimate
medical needs are not prevented
from being treated with adequate
amounts of appropriate medication,
which include the use of dangerous
drugs

WHO Collaborating Center for Pain Policy and

Palliative Care, Pain and Policy Studies Group Report
(2013)
Criterionbsatisfied

Country

Indispens Adequate
ability
provision

Intention to
Special
implement
administrati the Single
on
Conventionc

Armenia

No

No

Yes

Yes

Australia

Yes

Yes

Yes

Yes

Georgia

No

Yes

No

No

India

No

No

Yes

Yes

Jamaica

No

No

No

No

Philippines

No

No

No

No

Serbia

No

No

Yes

Yes

United
States

Yes

No

No

Yes

Medical Research
Highlights
Wasting Syndrome (HIV to AIDS
Transition)
A increase in appetite occur within
3 hours after smoking.
compared to placebo, oral THC
induced a marked, statistically
significant stimulation of appetite,
stabilizing weight, while patients in
placebo continued to lose weight.
Iversen,Leslie. Oxford University Press.

Epilepsy
They are based on the fact that in
individuals who smoke Cannabis to
treat their Epilepsy, stopping use of
cannabus precipitates the
reemergence of convulsive seizures,
while resuming consumption controls
epilepsy.
Amar, Mohamed. University of Montreal

Pancreatic Cancer
Cannabinoids exerted remarkable
anti tumoral effect opn pancreatic
cancer cells due to their ability to
selectively induce apoptosis of these
cells
Cannabidiol is the most potent
inhibitor of cancer cell growth
American Association for Cancer Research

Breast Cancer
for highly malignant human
breast carcinoma cell line,
Cannabidiol counteract cell growth
both in vivo and in vitro as well as
tumor metastasis in vivo.
American Society for Pharmacology and

Experimental Therapeutics

After Cannabis
Treatment

1. Strict Prohibition Violates

the Right to Health
is

a state of complete physical, mental

and social well-being and not merely the
absence of disease or infirmity.
- WHO Constitution

cannot

be granted or denied by any

government because they are
fundamental, inalienable human rights,
which all of us being human already have.
- Grad, Frank. WHO

Interrelation of Rights

Article 25 & 26 - UDHR

Everyone

has the right to a

standard of living adequate for
the health and well-being of
himself and of his family,
including food, clothing, housing and
medical care and necessary social
services
Everyone has the right to
education.

2. Strict Prohibition Violates

Equal Protection
All

persons or things similarly

situated be treated alike, both as to
rights conferred and responsibilities
imposed.
Inchong vs Hernandez

 Even

if the law be fair and impartial

on its face, it will still violate equal
protection if it is administered with
an evil eye and an uneven hand, so
as to unjustly benefit some, and
prejudice others.
Yick Wo vs Hopkins

Facts about Schedule 1

Drugs
109

listed drugs
The drug or other substance has a
high potential for abuse.
The drug or other substance has no
currently accepted medical
treatment use in the U.S.
There is a lack of accepted safety for
use of the drug or substance under
medical supervision
- US Drug Enforcement Agency

Medical Necessity
Defense

A conscious rational act of one

who is not guided by his own free
will, it arises from a determination
that the personal consequences of
violating a law is less severe than
the consequence of compliance.
- U.S. vs. Randall

Elements of Necessity
Defendant did not intentionally
bring about the circumstance which
precipitated the unlawful act.
2. The defendant could not use less
offensive alternative available to
the defendant
3. The evil sought to be avoided was
more heinous than the unlawful act.
1.

U.N. Drug Control

Conventions
Single

Convention on Narcotic Drugs

A Party shall, if in its opinion the

prevailing conditions in its country

render it the most appropriate means of
protecting the public health and welfare,
prohibit the production, manufacture,
export and import of, trade in,
possession or use of any such drug
except for amounts which may be
necessary for medical and scientific
research only

Article 4 General
Obligations
Subject to the provisions of this

Convention, to limit exclusively to

medical and scientific purposes the
production, manufacture, export, import,
distribution of, trade in, use and
possession of drugs.

 International

Convention on
Psychotropic Substances
Prohibit all use except for scientific

and very limited medical purposes

by duly authorized persons, in
medical or scientific establishments
which are directly under the control of
their Governments.

International Covenant
Article

12

The States Parties to the present

Covenant recognize the right of

everyone to the enjoyment of the
highest attainable standard of physical
and mental health.
(4) The creation of conditions which
would assure to all medical service
and medical attention in the event
of sickness.

Closing
Clearly

to turn a blind eye defeats the purpose of

the state in looking out for the welfare of its
people. In our haste to rightfully prosecute those
who profit from social trafficking and sale of Illicit
drugs, we cannot become blind to the legitimate
medical needs of those who are afflicted with
incurable diseases and require appropriate
medical care.
To ignore the plight of such people renders the
law callous to the most basic of all human rights;
the right of self-preservation.
State of Florida vs. Mussika