[Congressional Record Volume 144, Number 127 (Tuesday, September 22, 1998)]
[Senate]
[Page S10713]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EFFORTS TO LEGALIZE MARIJUANA

  Mr. HATCH. Mr. President, yesterday, my colleague Senator Grassley 
introduced Senate Joint Resolution 56, a bill cosponsored by Senator 
Kyl and me that expresses the sense of Congress in opposing efforts in 
various States to legalize marijuana and other Schedule I drugs for so-
called medical use. I am proud to be a cosponsor of this bill, and I 
want everyone to understand that current drug laws should not be 
circumvented by allowing illegal harmful drugs to be introduced freely 
in our society.
  Last week, an identical measure sponsored by Congressman McCollum 
passed in the House of Representatives by a vote of 310 to 93.
  Mr. President, proponents of legalization argue that marijuana and 
other drugs are needed by those living with pain and disease. They 
stress that these drugs improve the quality of life and should not be 
denied to those suffering. I understand their argument that we need to 
be compassionate to those that are suffering. My heart goes out to 
those people living with disease and to the families that care for 
them. Nevertheless, those arguments are flawed, and we cannot allow 
this legalization effort to contravene our Federal drug laws.
  In 1996, the Judiciary Committee held a hearing and examined the drug 
legalization initiatives in California and Arizona. We heard testimony 
from many of those involved in the war on drugs including General Barry 
R. McCaffrey, Director, Office of National Drug Control Policy, and Mr. 
Thomas A. Constantine, Administrator, Drug Enforcement Administration. 
As a result of chairing that hearing, I learned that there is 
overwhelming evidence showing that marijuana is not a medicine and that 
its use by those suffering from cancer and other diseases is 
contradicted by the many side effects of the drug use. The testimony 
given at that hearing proved to me that the growing legalization 
movement in our States is harmful to the very people they are proposing 
to help.
  As many of you know, I have not been afraid to speak out and to urge 
that this administration do more to stem the rising tide against 
teenage drug abuse in our country. Illegal drug use by teenagers is one 
of the most serious domestic problems facing our Nation today: in my 
mind, it may be the most crucial issue for our Nation's ability to 
craft productive and law-abiding citizens. The worsening problem of 
drug abuse among our children and teens wreaks havoc on the lives and 
potential of thousands of young people each year. Legalization 
movements send a confusing message to the Nation's youth and threaten 
to increase the already alarming rise in drug use among teenagers. If 
we do not act decisively, we will pay a heavy price.
  For example, the results of the latest National Household Survey on 
Drug Abuse found that drug use among our children is climbing at an 
alarming rate. The number of children ages 12 to 17 using illicit drugs 
has more than doubled since 1992. Between 1996 and 1997 alone, drug use 
among 12- and 13-year-olds increased almost 75 percent.
  The abuse of marijuana, a drug many widely consider a gateway drug to 
more serious substance abuse, more than doubled among children between 
1992 and 1997, increasing 75 percent between 1996 and 1997 alone. Not 
surprisingly, the rate of minors first trying heroin is at its highest 
level in 30 years, and the rate of minors trying cocaine and 
hallucinogens has more than doubled in the 90's.
  Although deeply troubling, this disturbing trend should come as no 
surprise to this administration. I warned this administration as early 
as 1993 that its failure to take the issue seriously and take strong 
action to fight drug abuse would prove disastrous to our children. 
Unfortunately, the evidence is now in and my predictions were all too 
prophetic to the great detriment of our children and future 
generations.
  Our country's laws prohibiting narcotic and dangerous drug use are 
not arbitrary. These laws are designed to protect our children and to 
protect mature adults from harmful chemicals. These laws should be 
fully enforced because they help prevent drug experimentation and drug 
addiction.
  Promoting the use of marijuana for so-called medical purposes is 
nothing more than a sham effort to legalize drugs through the back 
door. If we do not act decisively, we will pay a heavy price.
  In the words of General McCaffrey, our Drug Czar, ``[additive drugs 
were criminalized because they are harmful; they are not harmful 
because they were criminalized.]'' The more a product is available and 
legitimized, the greater will be its use. If drugs were legalized in 
the U.S., the cost to the individual and society would grow 
astronomically.
  The Federal Food, Drug, and Cosmetic Act is the key law by which 
legitimate drug products are evaluated and regulated in this country. A 
central precept of this law is that all drugs be proven safe and 
effective under their labeled indications. Proponents of medicinal uses 
of marijuana should not be exempt from this basic public health 
requirement. Anecdotal reports that marijuana may be beneficial should 
not cloud the fact that only controlled clinical trials can meet the 
exacting licensure requirements of the Federal Food, Drug, and Cosmetic 
Act. If there is, in fact, a medical benefit from marijuana then it is 
imperative that the necessary scientific studies be conducted to assess 
and confirm such benefit. To date, proponents of medical uses of 
marijuana have been unwilling or unable to come through the front door 
of the FDA with evidence of its safety and efficacy. The 
pharmacological armamentarium contains many proven drugs to treat pain. 
It is poor public policy to acquiesce in back door mechanisms that 
permit unsafe and unproven products like marijuana to reach the 
bedsides of American patients.
  I believe this to be an important resolution and urge my colleagues 
to join me and Senators Grassley and Kyl in sending a clear message to 
those who advocate the legalization of marijuana and other Schedule I 
drugs for medical use in our States. I ask for their support when this 
joint resolution comes to the floor.

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