RESTRICTING MARIJUANA - A BILL OF RIGHTS VIOLATION?

The argument to legalize drugs, especially marijuana, has taken a new,
constitutionally-based form on the TCU campus, Michael Katovich,
professor of sociology, said.

Katovich makes the argument using the Eighth Amendment to the
Constitution. The amendment prohibits people from enduring cruel and
unusual punishment. He said people can translate the amendment to show
pain as a form of cruelty because they cannot receive treatment offered
from the illegal drugs.

Katovich said legalization of marijuana should be closely looked at from
an angle of humanity. He said the use of marijuana for medical purposes
should be carefully re-examined because of the problems many people are
suffering. The problem people endure is the inability to obtain this
drug for medical treatment. The drug can be used efficiently to reduce
the pain patients suffer. He said approximately one-tenth of the
population in the United States is in severe pain everyday.

"The illegality of drugs, especially marijuana, has caused major
anxieties for patients who really need these drugs," Katovich said.
"These problems were ignored when these drugs were proclaimed illegal."

He said the prescribed drugs presently available are not well-suited for
all patients. Katovich said the tetrahydrocannabinol (THC) capsule
doctors prescribe to reduce the effects of glaucoma vary in
effectiveness. He said the capsules are set to relieve pain of a certain
degree, instead of a variation of pain patients may suffer.

"People should have the right to choose the type of medication in
accordance to the pain they feel," he said. "Some patients may take the
capsule offered from doctors or patients can simply smoke a joint or add
the leaves on their food or their drink to reduce the pain."

Katovich said legalizing the drug could be hard, but it's not
unachievable.

"There will probably be no immediate change, but in order to have these
drugs more accessible certain things must happen," he said.

"There must be a poster person who has to publicly advocate legalization
of the drugs. This person must be an innocent person, who has suffered
severe pain after being denied access to these drugs."

The public has a negative perception toward drugs because of the many
marketing campaigns against them. Katovich said the "War on Drugs"
program has altered the ability for medical doctors to prescribe drugs
for people in pain.

"The doctor-patient relationship has dramatically changed," he said.
"Doctors are supposed to be a type of a healer, but now they are
becoming restricted from that role because of the various laws.
(Doctors) are now resorting to a role of a cop, who has to regulate the
level of medication to accommodate the law, instead of the patient."

He said changing these perceptions will take major rethinking on the
stance.

"We need to isolate the current stigma of always attaching the negative
effects of the use of drugs," Katovich said. "Instead, people should
entertain themselves with the positive effects of drugs."

Kelly Ham, TCU detective of criminal investigations, said drug-related
incidents are one of the many problems TCU has to deal with.

"Drugs are a problem on the TCU campus," Ham said. "But it is not a
major problem."

Ham said there are only one or two drug-related incidents reported in a
semester.

Since 1998, there have been 17 drug-related incidents reported to the
TCU police department. Nine of those incidents have involved marijuana.

The most recent incident occurred this year on Feb. 11. Two students
were disciplined by Campus Life after being caught smoking marijuana in
their room in Clark Residence Hall. The students were not charged for
any criminal violations, but they have been referred to the TCU Alcohol
and Drug Education Center.

According to the Alcohol and Drug Education Center, in 1998, 35.3
percent of students surveyed said they have used marijuana sometime in
their life. TCU was far below the national average of 46 percent. In the
same year, 22.9 percent of TCU students said they have used marijuana at
least once within the past year. Again, the TCU average was below the
national average of 32.4 percent.

Katovich said that even if marijuana is legalized some people will abuse
the drug. Students are more likely to fall into the category of those
who may use the drugs for inappropriate purposes, but Katovich said that
problem will resolve itself as problems of alcohol do.

"There might be a healthy population of students who will use drugs if
they become legal," he said. "But most of those will only use the drugs
in moderation. Students smoke marijuana like they drink alcohol. It is
simply a time-out experience for them."