The Pros and Cons of the Legalization of Medicinal Marijuana

The legalization of medicinal marijuana is a controversial issue in the United States. The majority of the states have legalized the use of marijuana for medical purposes. When metabolized in the body, marijuana results in two metabolites, Hydroxy-THC and Carboxy-THC. Hydroxy-THC has the effect of causing impairment, but Carboxy-THC does not cause damage to the body. Some laws prosecute individuals for driving while intoxicated regardless of the metabolite found in their body systems. This raises legal concerns about whether the law is justified to prosecute in both cases. The law is not justified to prosecute individuals without consideration of the metabolites. The use of medicinal marijuana may result in presence of metabolites such as carboxy-tetrahydrocannabinol in their blood. The law would not be justified to prosecute such individuals for driving while intoxicated. In Arizona State, the Supreme Court ruled that the presence of marijuana metabolites in the blood of an individual is not enough to prove impaired driving. The Court further argued that medical evidence does not support the claim that a positive test for marijuana metabolites in the blood can lead to impaired driving. The ruling liberated the legal medical users of marijuana across Arizona State. The Supreme Court also provided legal protection against driving while intoxicated charges to individuals who have used marijuana for medical or recreational purposes for the last 30 days. This was based on the period in which the metabolites remain in the blood of the users. Carboxy-THC does not remain in the blood for more than 30 days after use. Also, the Hydroxy-THC which is often responsible for impaired driving is quickly converted to Carboxy-THC which is less harmful while in the blood (Fischer, 2014). This means an individual who is arrested by the police for impaired driving and tests positive for Carboxy-THC may or may not have had the psychoactive Hydroxy-THC metabolite in the blood while driving. There would be justification for prosecuting such an individual for impaired driving. The Michigan Supreme Court also made a ruling that protects medicinal marijuana users against driving while intoxicated charges. The opinion I had on this subject has changed. I used to support the law that prosecutes individuals regardless of the type of marijuana metabolite found in their blood. However, the understanding I now have of the kind of marijuana metabolites has changed my view regarding the prosecution of these individuals who test positive for either of the two marijuana metabolites. Individuals who use medicinal marijuana should not be prosecuted if they test positive for Carboxy-THC metabolite. 

References  

Fischer, H. (2014). Presence of THC metabolite in the blood does not prove impaired driving, Arizona Supreme Court finds. Retrieved from https://tucson.com/news/state-and-regional/presence-of-thc-metabolite-in-blood-does-not-prove-impaired/article_76986306-51ba-5533-8ce6-33094effcfc4.html