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Yes We Cannabis: The Legalization Movement Plots Its Next 4 Years

Wednesday, March 27, 2013 @ 06:03 PM  posted by theresa@idrasilrx.com
In November, two states decisively legalized marijuana. Campaigners think the U.S. is ready to follow them, and they’re planning how to change laws in the rest of the country.

Last November, with voters in Colorado and Washington state leading the way, ballot initiatives legalizing, taxing, and regulating recreational marijuana use passed for the first time ever. In Colorado, legalization actually outperformed President Obama. An Oregon effort would almost certainly have prevailed, too, if proponents there hadn’t overreached with toxic legislative language that scared off donors and earned ridicule from local media.

Now marijuana reform is popping up in state legislatures across the country. Once the pet project of a few fringe figures, it has attracted a new generation of politicians from both parties with credible national aspirations. Democrats like New York Governor Andrew Cuomo, California Lt. Gov. Gavin Newsom, and Newark Mayor Cory Booker are staking out liberal stances on drug policy. Even some Republicans see an opportunity to capitalize on a constituency that shocked the pundit class with its financial and grassroots muscle — not to mentionsophisticated campaign tactics – just a few months ago.

Of course, America has flirted with ending marijuana prohibition before, but an earlier wave of liberalization came crashing down just as the modern conservative movement began to crest. “We initially thought that within a few years we’d have the whole issue taken care of,” says Keith Stroup, a co-founder of NORML, the legalization group founded in 1970. Eleven politically and geographically diverse states, including Alaska, New York, and Mississippi, decriminalized the drug after an official report from Richard Nixon’s National Commission on Marijuana and Drug Abuse found what a plurality of Americans now take for granted: it’s no more harmful (and perhaps less so) than alcohol.

“We assumed that when social change like this begins to happen, that it probably accelerates and continues right on through,” Stroup says. “Obviously, we were quite mistaken.”

Instead, the 1980s heralded the modern War on Drugs, when federal expenditures on the project skyrocketed, First Lady Nancy Reagan dove in with her “Just Say No” campaign, and the imperative of disrupting the drug trade began to creep into American foreign policy. The national mood shifted so profoundly that one of President Reagan’s own Supreme Court nominees, federal Judge Douglas H. Ginsburg, withdrew from consideration after it emerged that he had smoked pot in college and as a law professor in his 20s.

 

 

But for the first time in decades, legalization advocates see a light at the end of the tunnel again. “There’s been a sea change,” says Earl Blumenauer, the Democratic congressman from Oregon who, as a state legislator in 1973, helped push through America’s first decriminalization law. “I’m absolutely convinced that in the next four or five years, it’s going to pass the point of no return,” he told me, after which the federal government is likely to decide to treat the drug more like alcohol, passing tax-and-regulate legislation after the states force its hand. While he’s on the sanguine end of the spectrum, the fact remains that even if the states are the ones moving fastest on this issue, the tone in Washington has shifted, too.

“It’s become a respected constituency,” a once-pessimistic Democratic congressional aide whose boss backs reform told me of the legalization crowd. “If you’re a member of Congress you can take a drug reform stance and it’s not going to hurt you.” This was perhaps best illustrated by pro-reform challenger Beto O’Rourke’s primary victory over eight-term incumbent Democratic Rep. Silvestre Reyes last year, despite being savaged on the airwaves in the socially conservative south Texas district for being soft on crime. O’Rourke later won the general election and is now a member of the House.

Looking ahead, the fate of national drug policy rests more than anything else on the behavior of Obama’s electorate, or the “coalition of the ascendant” – young people, blacks, Hispanics, single women, and college-educated whites — when he is no longer on the ballot. Despite presiding over more medical marijuana raids in his first term than George W. Bush did in two, Obama’s emergence has arguably accelerated legalization by drawing these groups into the center of the political conversation. The demographic trends look promising to veterans of the cause, most of whom expect to be able to claim an effective national victory within the next decade as the older voters who remain the fiercest opponents of legalization die and young people who embrace it enthusiastically join the voter rolls.

The challenge for reformers is to keep the pressure on and pick away at the low-hanging fruit: states where popular opinion is already on their side, and where ballot measures are a viable option. Bypassing state legislatures, despite members’ increased willingness to debate reform bills this year, remains the preferred plan of attack. Florida is one tempting prospect. A recent survey (conducted by Democratic Senator Bill Nelson’s pollster on behalf of a legalization group), showed seven of 10 voters favoring a medical-marijuana constitutional amendment, but the state throws up hefty obstacles to qualifying for the ballot. Meanwhile, activists expect to get referenda on full legalization — with tax-and-regulate language — on the ballot in 2016 in states like Oregon, Maine, Alaska, and California that already have medical programs in place.

Legalization advocates are determined to achieve all of this without wasting resources on what they see as politically radioactive schemes that dent their credibility. Like the Tea Party movement on the right, which has doomed GOP Senate dreams for two consecutive election cycles now, they have occasionally demonstrated a propensity for overreach. The failed Oregon campaign would have effectively recast the state liquor board as a massive pot retailer, and the ballot initiative’s preamble might have been plucked right out of Richard Linklater’s 1993 high-school party flick Dazed and Confused, right down to its mention of George Washington growing hemp plants at Mount Vernon.

That debacle reflects the enduring presence of more extreme voices within a constituency that has historically kept one foot outside the traditional political channels. The man behind it was Paul Stanford, a medical-marijuana titan who NORML Executive Director Allen St. Pierre describes as having “a rap sheet longer than your arm.” Stanfordpleaded guilty to tax evasion in 2011, one of several scrapes with the IRS. Reformers are worried he’ll try again in 2014, rather than waiting for the higher turnout that comes with a presidential race.

Advocates elsewhere (driven in large part by better fundraising) have muscled their way onto the agenda by forging alliances with respected local organizations, elected officials, and even religious leaders who vouch for the cause and help reduce its political toxicity. Rather than arguing for the right to get high, they have settled on a more pragmatic approach, framing the issue as one of redirecting scarce law-enforcement resources and capturing new revenue during a time of harsh austerity measures by local and state governments, even if some economists are skeptical legalized pot will prove to be a cash cow.

“This notion of taxing and regulating is very powerful with people,” says Democratic pollster Celinda Lake, who conducted surveys on behalf of the Colorado legalization campaign. “Women tend to be more nervous about this than men, but women are the core education funders, and the idea of putting money into education,” which the Colorado law promises to do, is popular. Polls found national support for marijuana legalization crack the 50 percent mark beginning in 2011, a symbolic development more than a practical one, with political elites at every level of government still lagging behind, but emboldening to legalization proponents nonetheless.

That young people tend to favor liberalizing drug laws and labor unionsrecognize potential new members among pot workers suggests the constituency might be wrapped under the Democratic tent. On the other hand, with some Republican leaders toying with the idea of de-emphasizing social conservatism after getting walloped in November, moving on pot is an appealing option in some quarters of the right as well.

 

 

“The Republican coalition is obviously not able to attract enough popular support to stay in power,” says Dana Rohrabacher, a conservative GOP congressman from Orange County, California who is one of the handful of voices in his party urging a more libertarian approach on this issue. The problem is “you’ve got a lot of hang-ups on the part of Republicans who basically believe that police should be keeping the lid on the people who they disagree with socially.”

Certainly, it would not be a seamless process for the GOP to jump on the pot-reform bandwagon when polls suggest about 65 to 70 percent of Republicans, conservatives, and white evangelical voters oppose legalization. But the octogenarian Evangelical leader and daytime TV fixture Pat Robertson came out for legalization last year. His stance suggests the three stools of the Republican coalition might hold up just fine with a pot plank, which would fit with its states’ rights philosophy and was advocated by conservative economic godfather Milton Friedman.

“Republicans have an opportunity to use this as a signifier, particularly to the generation under the age of 40,” says Rick Wilson, a veteran Florida-based GOP media consultant. Which is to say that even if the party remains determined for the time being to avoid being branded “pro-pot”, a few up-and-comers making a move on legalization or decriminalization could be a fairly harmless way to improve their standing with younger voters.

No one better personifies this hope than Rand Paul, who has emerged as one of the GOP’s top-tier leaders. Like his father, former Rep. Ron Paul, the Kentucky senator wants to end the War on Drugs, and he hascalled for the federal government to let states (including Colorado and Washington) make their own drug policy. A win at the CPAC straw poll in mid-March, where young conservatives came out in big numbers, suggests there is a growing constituency for his brand of Republicanism.

“Rand Paul has had more impact on the Republican Party in three weeks than his father had in three presidential campaigns,” says Roger Stone, a former Nixon and Reagan operative and mischief-maker who is mulling a Libertarian gubernatorial run in Florida next year. His campaign would center in large part on the marijuana amendment, in hopes of attracting younger voters. (Stone has also come out for marriage equality and is known for his lists of the 10 best- and worst-dressed celebrities, though he might encounter difficulty explaining away the tattoo of Nixon on his back.)

Even if they feel closer than ever to the ultimate prize, legalization advocates concede they still have a tough fight ahead. “All of this is fraught with uncertainty, because not one word of the Controlled Substances Act has changed,” St. Pierre says. The Department of Justice has yet to release an official response to the new laws in Washington and Colorado, having been engaged in discussions with the governors of the two states for months now. The smart money expects a decision to come down soon, as Attorney General Eric Holder promised again at a recent hearing before the Senate Judiciary Committee.

“There could always be a backlash,” warns Mark Kleiman, an expert on drug policy at UCLA who coauthored a book on the nuts and bolts of marijuana legalization and whose firm, BOTEC, was recently hired to help Washington design and implement its regulation scheme. “The Feds don’t want a system where Colorado replaces Mexico as the source of marijuana for the whole country, and that could happen.”

The DEA has been active in the Centennial State for years raiding medical marijuana facilities, and the grow-your-own provision in Amendment 64, Colorado’s legalization initiative, is a generous one.

“On the other hand, California is already a clusterfuck, and the voters don’t care,” Kleiman points out, referring to a Field poll – considered the most authoritative in the Golden State — that recently found a healthy majority of voters there on board with legalizing recreational use after rejecting it in 2010 (and despite de facto legalization already being in place via the state’s incredibly lax medical program).

But even if the administration defies the gaggle of former DEA agents (some of whom now make a living in the private sector off the Drug War) clamoring for a federal injunction and essentially allows the states to proceed, advocates don’t expect Obama to engage on behalf of the cause — his past membership in the Choom Gang notwithstanding. That task will most likely be foisted on his party’s next presidential candidate, who will be tempted to develop some kind of coherent stance that squares with the reality that at least some of those electing him or her will simultaneously be voting to legalize pot. Marijuana legalization is a tangible reality now, and a new crop of ambitious politicians on the left and right are acting accordingly.

Source: http://www.theatlantic.com/politics/archive/2013/03/yes-we-cannabis-the-legalization-movement-plots-its-next-4-years/274356/

Cannabinopathic Medicine: Lester Grinspoon, M.D.’s New Coinage

Thursday, March 14, 2013 @ 09:03 PM  posted by theresa@idrasilrx.com

March 14th, 2013
Posted by Sunil Aggarwal

I am honored and delighted to be able to publish here for the first time a new comprehensive piece written by Dr. Lester Grinspoon, Emeritus Professor of Psychiatry at Harvard Medical School, entitled “Cannabinopathic Medicine”. Dr. Grinspoon started writing this piece in 2012, when I was privileged to read an early draft and give editorial suggestions. He has been looking for a suitable venue for publishing it where it could be read widely. I am grateful that he agreed to allow me to use this blog space to share it. It is approximately 6,000 words and well worth a read.

First, a brief introduction. Dr. Grinspoon, who is in his eighties, is a great physician and researcher who has been a co-author, instructive mentor, and guide of mine. He is known for his pioneering work on the social and medicinal uses of cannabis, but before that, he made significant contributions such as introducing the use of lithium in the treatment of bipolar disorder, the starting of the Harvard Mental Health letter, and many other achievements such as senior psychiatrist at the Massachusetts Mental Health Center in Boston for 40 years, fellow of the American Association for the Advancement of Science and the American Psychiatric Association, founding editor of the The American Psychiatric Association Annual Review, and editor of the Harvard Mental Health Letter for fifteen years, to name a few. It is a wonderful turn of events that Dr. Grinspoon’s home state Massachusetts passed a voter initiative by wide margin to legalize the medicinal use of cannabis for patients with conditions that a physician believes may benefit from its use. That law went into effect this year and now, as of this month, Harvard Medical School-affiliated faculty, in collaboration with the Massachusetts Medical Society, are producing and editing AMA-certified continuing medical education online course series on the medicinal uses of cannabis, vindicating Dr. Grinspoon’s remarkable foresight from over 40 years prior.

 

 

Without further adieu, here is Dr. Grinspoon’s latest piece on cannabis use, where we are going with it as a as society, and where we should be going.

Cannabinopathic Medicine byLester Grinspoon, M.D.

A native of Central Asia, cannabis (hemp) may have been cultivated as long as 10,000 years ago. It was certainly cultivated in China by 4000 BC and in Turkestan by 3000 BC. It has long been used as a medicine in India, China, the Middle East, Southeast Asia, South Africa, and South America. The first evidence of the medicinal use of cannabis is an herbal published during the reign of the Chinese emperor Chen Nung 5000 years ago. It was recommended for malaria, constipation, rheumatic pains, “absentmindedness”, and “female disorders.” Another Chinese herbalist recommended a mixture of hemp, resin, and wine as an analgesic during surgery. In India cannabis had been recommended to quicken the mind, lower fevers, induce sleep, cure dysentery, stimulate appetite, improve digestion, relieve headache, and cure venereal disease. In Africa it was used for dysentery, malaria, and other fevers. Today certain tribes treat snakebite with hemp or smoke it before childbirth. Hemp was also noted as a remedy by Galen and other physicians of the classical and Hellenistic eras, and it was highly valued in medieval Europe. The English clergyman Robert Burton, in his famous work The Anatomy of Melancholy, published in 1621, suggested the use of cannabis in the treatment of depression. The New English Dispensatory of 1764 recommended applying hemp roots to the skin for inflammation, a remedy that was already popular in Eastern Europe. The Edinburgh New Dispensary of 1794 included a long description of the effects of hemp and stated that the oil was useful in the treatment of coughs, venereal disease, and urinary incontinence.

However, in the West cannabis did not come into its own as a medicine until the mid-19th century. The first Western physician to take an interest in cannabis as medicine was W.B. O’ Shaughnessy, a young professor at the Medical College of Calcutta, who had observed its use in India. He gave cannabis to animals, satisfied himself that it was safe, and began to use it with patients suffering from rabies, rheumatism, epilepsy, and tetanus. In a report published in 1839, he wrote that he had found Cannabis Indica, (a solution of cannabis in alcohol, taken orally) to be an effective analgesic. He was also impressed with its muscle-relaxant properties and called it “an anticonvulsive remedy of the greatest value.”

O’Shaughnessy returned to England in 1842 and provided cannabis to pharmacists. Doctors in Europe and the United States soon began to prescribe it for a variety of physical conditions. Cannabis was even given to Queen Victoria for the treatment of her painful pre-menstrual cramps by her court physician. It was admitted to the United States Pharmacopeia in 1850 and commercial cannabis preparations soon became widely distributed through drugstores. Pharmacies welcomed the arrival of this “new” medicine, Cannabis Indica, because at that time their shelves held few truly effective drugs to offer the practitioners of allopathic medicine. As its use became increasingly widespread, clinical reports on cannabis accumulated and by the turn of the century, more than 100 papers were published in the Western medical literature recommending it for various illnesses and discomforts and extolling its remarkably limited toxicity.

The decline in the usage of Cannabis Indica began toward the end of the century. Both the potency of cannabis preparations and its absorption from the bowel were too variable, and individual responses to orally ingested cannabis seemed erratic and unpredictable. Another reason for the neglect of research on the analgesic properties of cannabis was the greatly increased use of opiates after the invention of the hypodermic syringe in the 1850s allowed soluble drugs to be injected for fast relief of pain; cannabis products are insoluble in water and so cannot easily be administered by injection. The end of the 19th century saw the development of such synthetic drugs as aspirin, chloral hydrate, and barbiturates. Two of the most common symptoms for which Cannabis Indica was prescribed were pain and insomnia, and now physicians could prescribe easy-to-take pills of known potency for these two problems, hastening the decline of cannabis as a medicine. But the new drugs had striking disadvantages. More than 1000 people die from aspirin-induced bleeding each year in the United States, and barbiturates are, of course, far more dangerous.

But the Marijuana Tax Act of 1937 was the ultimate death-knell for Cannabis Indica. This law was the culmination of a campaign organized by the Federal Bureau of Narcotics under Harry Anslinger in which the public was led to believe that cannabis, now commonly referred to as marijuana, was addictive and that its use led to violent crimes, psychosis, and mental deterioration; it is now confined to Schedule 1 under the Controlled Substances Act of 1970 as a drug that has a high potential for abuse, lacks accepted medical use, and is unsafe for use even under medical supervision. The film Reefer Madness, made as part of Anslinger’s campaign, may be a joke to the sophisticated today, but it was once regarded as a serious attempt to address a social problem; the atmosphere and attitudes it exemplified and promoted continue to influence our culture, albeit much less so today. The Marijuana Tax Act was not directly aimed at the medical use of cannabis; its purpose was to discourage recreational marijuana smoking. Almost incidentally the law made medical use of cannabis difficult because of the extensive paperwork and fees required of doctors who wanted to prescribe it. The Federal Bureau of Narcotics followed up with “anti-divergent” regulations that contributed to physicians’ disenchantment. Its removal from the United States Pharmacopeia and the National Formulary in 1942 signaled both the end of physicians’ interest in and allopathic medicine’s institutional embrace of cannabis. Furthermore, physicians allowed themselves to become ignorant about this drug as they have, since the mid-1930s, been increasingly exposed along with every other citizen to the deceptive propaganda against marijuana propagated by the United States government and such private organizations as the Partnership for a Drug Free America.

The concept of marijuana as a medicine virtually disappeared for several decades. Then in the 1960s, as large numbers of people began to use marijuana recreationally, claims of its medical utility began to appear, not in the medical literature but in the form of letters to popular magazines like Playboy. Typically these accounts were written by surprised and excited recreational users who had serendipitously discovered that marijuana relieved one or another of a variety of symptoms and syndromes. Over the next several decades, the grapevine word of these rediscovered medical utilities continued to grow. With the advent of the AIDS epidemic and the discovery of marijuana’s ability to reduce the nausea and therefore the threat of the “weight reduction syndrome of AIDS”, this reappearance of the concept of cannabis as a medicine gathered enough momentum to be publicly palpable. It was at this time that public pressure on the government to reconsider its obdurately held position developed in earnest, but with little success to date at the federal level.

There is an important difference in the way cannabis was used as a medicine in the latter
half of the 19th century and the way it has been generally administered since its reemergence as a sub rosa medicine in the mid-20th century. In its earlier iteration it was dispensed orally as an alcoholic solution; now it is primarily taken through the pulmonary system as smoke. The emergence of cannabis as a recreational drug began in the early part of the 20th century and has continued to grow. One of the reasons it has grown to the point where it can now be considered a part of Western culture is its introduction as a smokable drug. A good deal of mystery and uncertainty surrounds the story of the “reefer’s” debut in the United States. It is generally thought that in the early decades of the 20th century the custom of smoking “the weed” in cigarette form traveled with groups of itinerant Mexican workers across the border in the southern and southwestern states; it is now overwhelmingly the mode of administration used by the millions who use it as a medicine or for any other reason today.

This change in the route of administration has greatly enhanced its usefulness as a medicine because it solved the problem of providing the correct dose. One of the major problems that doctors in the 19th century faced with Cannabis Indica was that there were no reliable bioassays at that time and so physicians could never be sure that they had prescribed the correct dose. If too much was prescribed, the patient might experience discomfort in the form of anxiety but this would not be immediately evident because it takes about one to two hours for the effects of orally administered cannabis to be experienced. However, because physicians of the 19th century understood that this was a drug of unusually limited toxicity, they were not as concerned about overdosing as they were about providing an inadequate dose. The major advantage of smoking is the rapidity with which the medicinal effect appears; symptom relief will occur in a matter of minutes. And perhaps even more importantly, this very rapid feedback allows the patient to titrate his own dose for his particular symptom with much more precision than can his physician. He just leisurely puffs until one of two things happens; he either begins to experience symptom-relief or he becomes somewhat high or anxious at which point he stops. It is no longer believed that the smoke from marijuana is harmful to pulmonary or oropharyngeal tissues. But, for those patients who prefer not to smoke, there now is the option of using an instrument called a vaporizer which allows one to inhale the cannabinoids free of the combustion products of the cannabis plant.

In what may be the first attempt to reestablish the place of cannabis in mainstream allopathic medicine, the National Organization for the Reform of Marijuana Laws (NORML) in 1972 petitioned the Bureau of Narcotics and Dangerous Drugs, later renamed the Drug Enforcement Administration (DEA), to transfer marijuana to Schedule II so that the research necessary for the Food and Drug Administration (FDA) approval could be undertaken. Without this approval it cannot be clinically researched nor can it be legally prescribed. As the proceedings continued, other parties joined, including the Physicians Association for AIDS Care. It was only in 1986, after many years of legal maneuvering, that the DEA acceded to the demand for public hearings required by law. During the hearings, which lasted two years, many patients and physicians testified and thousands of pages of documentation were introduced. In 1988 the DEA’s own Administrative Law Judge, Francis L. Young, declared that marijuana in its natural form fulfilled the legal requirement of currently accepted medical use in treatment in the United States. He added that it was “one of the safest therapeutically active substances known to man.” His order that the marijuana plant be transferred to Schedule II was overruled, not by any medical authority, but by the DEA itself, which issued a final rejection of all pleas for reclassification in March 1992.

Meanwhile, growing demand forced the FDA to institute the Individual Treatment IND (commonly referred to as a Compassionate IND) for the use of physicians whose patients needed marijuana. The application process was made enormously complicated, and most physicians did not want to become involved, especially since many believed there was some stigma attached to prescribing marijuana. Between 1976 and 1988 the government reluctantly awarded about a half-dozen Compassionate INDs for the use of marijuana. In 1989 the FDA was deluged with new applications from people with AIDS, and the number granted rose to 34 within the year. In June 1991, the Public Health Service announced that the program would be suspended because it undercuts the Administration’s opposition to the use of illegal drugs. After that no new Compassionate IND’s were granted, and the program was discontinued in March 1992. Four patients are still receiving marijuana under the original program; for everyone else it is at the federal level an outlaw medicine.

Despite its federal illegality, beginning in 1996 with California’s passage of its Proposition 215, 18 states and the District of Columbia have established legislation which makes it possible for patients suffering from a variety of disorders to use the drug legally with a recommendation from a physician.  Unfortunately, because each state arrogates to itself the right to define which symptoms and syndromes may be lawfully treated with cannabis, many patients with legitimate claims to the therapeutic usefulness of this plant must continue to use it illegally and therefore endure the extra layer of anxiety imposed by its illegality.  California and Colorado are the two states in which the largest number of patients for whom it would be medically useful have the freedom to access it legally.  New Jersey appears to be shaping up as one of the most restrictive, and for that reason it is likely that only a small fraction of the pool of patients who would find marijuana to be as or more useful than the invariably more toxic conventional drugs it will displace will be allowed legal access to it.  The framers of the New Jersey legislation may fear what they see as chaos in the distribution of medical marijuana in California and Colorado, a fear born of their concern that the more liberal parameters of medical use adopted in these states have allowed its access to many people who use it for other than strictly medical reasons.

Because so many people are now having an opportunity to observe relatives or friends who are successfully, safely and relatively inexpensively using marijuana as a medicine,  it will not be long before an overwhelming majority of citizens demand the same rights.   There are now six other states working on medical marijuana legislation; this is a reflection of recent polls which show that more than 70% of American citizens now support the legal availability of marijuana as a medicine.  These additional states and their citizens will inadvertently become part of an ongoing large social experiment in how best to deal with the reinvention of the “cannabis as medicine” phenomenon.  Already we have learned a great deal from this ongoing experiment; one of the most important is that the states which have the more restricted and limited medical indications for allowable use of marijuana as a medicine have the largest number of patients who are compelled to use it illegally, while those which are the least restricted with respect to allowable medical indications unintentionally provide it to many people who use it for other purposes.

Shortly after O’ Shaughnessy introduced cannabis as a new medicine, modern Western medicine (allopathic medicine) signaled its acceptance when it was entered into the various Western pharmacopeia in the mid-19th century.  It was expected, certainly by the 1990s, that it would be readmitted as a legitimate medicine, given the mountain of largely anecdotal evidence which establishes both its efficacy and safety,  and its potential (once free of the prohibition tariff) to be much less expensive than pharmaceutical industry products it will replace.  The two major agencies of this resistance to its readmission are the US government and the medical/pharmaceutical establishment.

Today drugs must undergo rigorous, expensive and time-consuming research to win approval by the FDA before they can be marketed as medicines.  The first step made in trying to move the federal government was to petition it to move cannabis from its Schedule I status in the Controlled Substances Act to Schedule II so that it would then be possible to do the kinds of controlled studies essential to the presentation of any new drug to the Food and Drug Administration (FDA) for approval in accordance with the protocol used by the pharmaceutical industry.  As noted above, the first attempt to petition the FDA and DEA to move marijuana to Schedule II was initiated in 1972 and after two decades of hearings and delays the DEA rejected all pleas for reclassification.  Another two decades have passed and, with the exception of a handful of small-to-medium sized randomized controlled trials of smoked cannabis in chronic pain, spasticity, and wasting syndrome, the federal government continues to block the possibility of demonstrating that marijuana could satisfy the FDA criteria for a safe and efficacious addition to the pharmacopeia by continuing to insist, against overwhelming evidence to the contrary, that it is properly placed in Schedule I. In actuality it is now clear that marijuana no more belongs in Schedule I than does aspirin.

The purpose of the FDA testing is to protect the consumer by establishing both safety and efficacy.  First, the drug’s safety (or rather, limited toxicity) is established through animal and then human experiments.  Next, double-blind controlled studies are conducted to determine whether the drug has more than a placebo effect and is more useful than an available drug.  As the difference between drug and placebo may be small, large numbers of patients are often needed in these studies for a statistically significant effect.  Medical and governmental authorities insist that before marijuana is made legally available to patients, this kind of study should be performed for each of the indications for which it is proposed to be used.  At the same time, the government refuses to reconsider its inappropriate assignment of marijuana to Schedule I, therein making it impossible by imposing a tight and heavily controlled monopoly on research-approved cannabis production and distribution to undertake the kind of studies presently demanded by the FDA for its reintegration into modern Western medicine.

But with the accumulation of an enormous amount of anecdotal evidence,  it has now become doubtful whether these FDA rules should apply to marijuana.  There is now little question about its safety.  It has been used for thousands of years by millions of people with very little evidence of significant toxicity.  Similarly, no further double-blind studies are needed to prove marijuana’s efficacy.  Any astute clinician who has some knowledge of the accumulated clinical experience of patients who have used marijuana as a medicine knows that it is efficacious to some degree for many people with various symptoms and syndromes.  Anecdotal evidence commands much less attention than it once did, yet it is the source of much of our knowledge of synthetic medicines as well as plant derivatives.  Controlled experiments were not needed to recognize the therapeutic potential of chloral hydrate, barbiturates, aspirin, curare, insulin, or penicillin— pharmaceuticals introduced  before the double-blind controlled study was invented.

Anecdotes present a problem that has always haunted medicine: the anecdotal fallacy or the fallacy of enumeration of favorable circumstances (counting the hits and ignoring the misses).  If many people suffering from, say, muscle spasms caused by multiple sclerosis take marijuana and only a few get much better relief than they could get from conventional drugs, those few patients would stand out and come to our attention.  They and their physicians would understandably be enthusiastic about marijuana and might proselytize for it.  These people are not dishonest, but they are not dispassionate observers.  Therefore, some may regard it as irresponsible to suggest on the basis of anecdotes that cannabis may help people with a variety of disorders.  That might be a problem if cannabis were a dangerous drug but, in fact, it is remarkably safe.  Even in the unlikely event that only a few people with multiple sclerosis find that it provides relief from muscle spasm, it can be argued that cannabis should be available to them because it costs so little to produce and the risks are so small.

The benefits of any medicine must be weighed against the risks.  Fortunately, there is unusually good evidence on the potential health hazards of marijuana—far better than the evidence on most prescription drugs.  Not only has cannabis been used for thousands of years by many millions of people, but there is much recent research on its safety inspired by the federal government’s interest in discovering toxic effects to justify its policy of prohibition.  The potential dangers of  marijuana when taken for pleasure and its possible usefulness as a medicine are historically and practically interrelated issues: historically, because the arguments used to justify the suppression of recreational use have had a disastrous influence on views of its medical potential; practically, because it is more likely to be safe as a medicine if it is relatively safe as a euphoriant.  As the evidence makes it increasingly clear that cannabis is relatively benign, it is becoming more and more difficult to deny that a risk-benefit analysis now satisfies all requirements for medical use.

Penicillin was discovered in 1929, but the discovery was ignored by the medical establishment for more than a decade until the first clinical trial with six patients who suffered from a variety of infections; all were successfully treated.  After this debut in 1941, penicillin rapidly earned the reputation as the wonder drug of the 1940s.  It earned that reputation for three reasons: it was remarkably non-toxic, even at high doses; it could be produced inexpensively on a large scale; and it was extremely versatile, acting against microorganisms that cause a great variety of diseases, from pneumonia to syphilis.  In all three respects cannabis suggests parallels: it is remarkably safe; once it is free of the prohibition tariff it will be inexpensive; and it is effective against a large number of symptoms and syndromes.  Penicillin did not undergo modern FDA approval scrutiny because its safety and efficacy had been well established by the time the FDA adopted the present protocol for approving new drugs.  Marijuana is now in the same position vis-à-vis the FDA; it has accumulated, both from recreational and medicinal use, more than enough evidence of its safety and efficacy.

As its reputation as a medicine grew, so did the demand for legal access.  In 1996, California became the first state to provide legal (as far as the state was concerned)  access for specified signs and symptoms and under controlled conditions.  Over the next 15 years 16 other states and the District of Columbia followed suit, but the defined parameters of availability, particularly the rules for distribution and the medical reasons for which use would be allowed, have generally become more constricted.  In these states the only involvement with the medical establishment is the requirement that the patient receive a note from a physician stating that he believes the patient’s condition would be helped by cannabis; these notes allow the patient to receive a state-issued medical marijuana registration card which may cost $100 or more annually.  Each state establishes its own rules for the growing and dispensing of medical marijuana.  These states now allow thousands of people to legally purchase a growing variety of marijuana products upon the presentation of these cards or, in some states, the physician’s letter to one of the state-sanctioned dispensaries.  It is estimated that 2 1/2 to 3% of the residents of California are now credentialed to buy marijuana legally in what is estimated to be between a 1 1/2 to 2 1/2 billion dollar business.  One has only to visit one of the California dispensaries to see how sophisticated this industry is becoming, with a range of newly developed cannabis products; beyond having perhaps a dozen or more different strains of herbal cannabis to choose from, there is a large choice of edible and even topical marijuana medications.  The patient who wants to use a pipe, bong or vaporizer will find a large and growing selection to choose from.  There now exist a few laboratories equipped to measure the percentage of individual cannabinoids and terpenes, and to provide assurance against contamination with insecticides or fungi.

The rapidly increasing number of patients who are now seeking cannabis as a medicine is fueling a burgeoning medical marijuana enterprise which is becoming increasingly sophisticated.  There are the growers who are becoming more adept at breeding new strains which may be more beneficial to patients with particular needs, as for example the present effort to develop strains high in cannabidiol (CBD,a non-psychoactive cannabinoid) .  There are now a number of publications aimed at the medical marijuana community, most notably O’Shaughnessy’sthe Journal of Cannabis Clinical Practice, published in San Francisco.  The recently formed physicians’ professional organization, the Society of Cannabis Clinicians (SCC), promotes clinical cannabis research.

Despite harassment by the federal authorities, especially in California, all aspects of this  alternative medicine which is beginning to look like a new school or philosophy of medicine will continue to grow and become more sophisticated as it is embraced by more and more patients, legally or illegally.  This new medicine, bolstered by the fundamental understandings in biology and physiology that have come from the discovery and study of the endogenous cannabinoid signaling system, which might be called “cannabinopathic medicine”, joins other alternative schools of medicine such as naturopathic medicine, homeopathic medicine and osteopathic medicine.  Cannabinopathic medicine is being practiced all over this country, openly in the states which have made it legal, and clandestinely in those which have yet to do so.  Osteopathic medicine, which was first practiced in the latter part of the 19th century, has now moved so close to allopathic medicine in its training and practice that it has become integrated with modern Western medicine.  In the early days of medical marijuana it was assumed that it would become integrated into Western medicine as a new therapeutic; thus the effort which began in 1972 to persuade the federal government to change its Controlled Substances Act Schedule I status to Schedule II as the essential first step toward collecting the kind of data necessary for the FDA’s medicinal drug approval process.  While the government has in the past made tentative moves in the direction of accepting the reality of marijuana’s medical capacities, including the now defunct Compassionate IND program and the relatively recent decisions to move synthetic THC (Marinol) from Schedule I to Schedule II, and several years later to Schedule III (less harmful than drugs in Schedules I and II), it has steadfastly refused to release herbal marijuana from its Schedule I restrictions.

Today, even if it were free of its Schedule I chains, its path to legitimacy as a pharmaceutical faces other obstacles.  A big one is the availability of funding for the kind of research which would allow it to be presented to the FDA.  The cost of this research runs to upwards of $800 million per drug.  Pharmaceutical companies do not undertake such costly research unless they have been awarded the 20 year new drug patent and are reasonably sure that, once approved, the drug will sell for the price they will need to charge during that exclusive period to cover these costs and make a profit.  The pharmaceutical companies, however, have no interest in herbal marijuana because it cannot be patented. Only in the case of some orphan drugs does the government support these developmental costs.  An exception to this rule occurred in the early 1980s when the government provided major funding to a small pharmaceutical company, Unimed, towards its development of a synthetic THC which was called dronabinol (Marinol).  The government assumed that with Marinol’s legal availability it would then be possible to assert that there was no longer a need for medicinal marijuana as there was now a commercially available cannabinoid pharmaceutical product.  The problem with this strategy became obvious to every patient who tried to substitute Marinol for smoked or ingested marijuana; it simply did not work nearly as well as herbal marijuana.  The primary reason that some patients use Marinol today is because it is legal.

The vast majority of people who use cannabis as a medicine must suffer the anxiety, uncertainty, and risk associated with obtaining and using an illegal substance.  The responses of physicians, as indicated by patients’ stories, vary a great deal.  With the exception of a small minority of physicians, such as those who comprise the Society of Cannabis Clinicians, physicians’ attitudes toward marijuana as a medicine generally range from outspokenly negative to varying degrees of  skepticism; a few are hostile or contemptuous, some are indifferent or unconvinced, and a growing number offer at least some encouragement or moral support.  Unfortunately, even the most sympathetic are either afraid to do more because of the law or are unable to provide advice because they have been misinformed about cannabis and simply know too little about its therapeutic value.  Physicians of a century ago knew much more about cannabis than do contemporary physicians whose education about new drugs comes largely from the pharmaceutical industry.  Today’s physicians are often introduced to therapeutic marijuana by their patients, but even those physicians who become educated about this drug may be afraid to recommend what they know or suspect to be the best treatment out of fear that they might lose their reputations, licenses, and careers.  Even if marijuana were available as a Schedule II medicine, pharmacies would be reluctant to carry it and physicians would hesitate to prescribe it.  Through computerized monitoring, the DEA could know who was receiving prescription marijuana and how much.  It could hound physicians who, by its standards, prescribed cannabis too freely or for reasons it considered unacceptable.  The potential for harassment would be extremely discouraging.  Unlike other Schedule II drugs, such as cocaine and morphine, cannabis has many potential medical uses rather than just a few.  Many people would undoubtedly try to persuade their doctors that they had a legitimate claim to a prescription.  Doctors would not want the responsibility of making such decisions if they were constantly under threat of discipline by the DEA.  Furthermore, many doctors would not consider prescribing cannabis at all because they are victims of the government’s misinformation campaign.  Some still believe and promote such hoary myths as the notion that marijuana is addictive or leads to the use of more dangerous drugs.

Despite the growing appreciation of its safety and usefulness as a medicine there is, after more than three decades of effort, little hope that herbal marijuana will soon be integrated into modern Western medicine.  And even if it were, there would be enormous problems in controlling the distribution of a controlled medicine which has now become an  established and popular Western culture recreational drug  The pharmaceutical industry will continue to develop cannabinoid products and the government will make Control Substances Act scheduling accommodations, as they did with Marinol, to make them available as prescription drugs.  Some of them will be very useful and a few may, for specific symptoms or syndromes, be more useful than herbal marijuana, but it is unlikely that they will ever displace it; herbal marijuana will always provide more choice, be less expensive and more readily available.  Because the commercial success of its cannabinoid products will vary directly with the severity of the prohibition, the pharmaceutical industry will predictably put even more pressure on the government to maintain or even strengthen its prohibition.

However, the realities of human need are incompatible with the demand for a legally enforceable distinction between medicine and all other uses of cannabis.  Marijuana simply does not conform to the conceptual boundaries established by 20th century institutions.  It is truly a sui generissubstance; is there another relatively benign drug which is capable of heightening many pleasures, has a large and growing number of medical uses and has the potential to enhance some individual human capacities?  The only workable way of realizing the potential of this remarkable substance, including its full medical potential, is to free it from the present dual set of regulations – – those that control prescription drugs in general and the special criminal laws that control psychoactive substances.  These mutually reinforcing laws establish a set of social categories that strangle its uniquely multifaceted potential.  The only way out is to cut the knot by giving marijuana the same status as alcohol – – legalizing it for adults for all uses and removing it entirely from both the medical and criminal control systems.

Perhaps in part because so many Americans have discovered for themselves that marijuana is both relatively benign and remarkably useful, moral consensus about the evil of cannabis is becoming uncertain and shallow.  The authorities pretend that eliminating marijuana traffic is like eliminating slavery or piracy, or eradicating smallpox or malaria.  The official federal government view is that everything possible has to be done to prevent everyone from ever using marijuana, even as a medicine.  But there is also an informal lore of marijuana use that is far more tolerant.  Many of the millions of cannabis users in this country not only disobey the drug laws but feel a principled lack of respect for them.  They do not conceal their bitter resentment of laws that render them criminals.  They believe that many people have been deceived by their government, and they have come to doubt that the “authorities” understand much about either the deleterious or the useful properties of this drug.  This undercurrent of ambivalence and resistance in public attitudes towards marijuana leaves room for the possibility of change, especially since the costs of prohibition are so high and rising.

Because multifaceted marijuana is now here to stay as a very useful and safe medicine, as a superior recreational drug, and as an enhancer of a variety of human capacities, this more than 70-year-old destructive prohibition cannot endure much longer. It is reasonable to assume that had there never been a marijuana prohibition, smoked marijuana, because it is both more reliable and easier to titrate, would have displaced Tincture of Cannabis as the cannabinoid medicine of choice.  Without prohibition, marijuana would have become as easily accessible as aspirin.  It would have provided the first opportunity for herbal marijuana to compete with  pharmaceutical products and its success would have assured its place as an integral part of modern allopathic medicine.  However, can we now assume that the end of the prohibition against herbal marijuana, which must come sooner or later, will see it regain its rightful place in modern medicine?   Given  the enormous influence of contemporary big Pharma on the medical establishment and the government, this is not so clear.  It is not just a matter of big Pharma losing out on the enormous profits to be made with cannabis in its herbal form, but also, what it would lose from the diminished sales of many of its products which will have to compete with herbal marijuana.  Even the cannabinoid products that the pharmaceutical industry has and will continue to develop are unlikely to win many if not most clinical contests on a level playing field with cannabinopathic medicine’s gold standard, herbal marijuana, for which, as a product of nature, there are no exclusive rights..

In the face of the ongoing prohibition cannabinopathic medicine will continue to grow and develop.  It will continue to collect data to help it discover new medicinal uses; to develop new strains to more effectively target particular symptoms and illnesses; to generate new modifications of herbal products to facilitate topical application, ingestion and smoking or inhaling; and it will continue to train people in the newest and best ways to use these products.  In states which have not legalized the use of cannabis as a medicine, all aspects of the practice of cannabinopathic medicine will continue to be subterranean. In the states which have already made it more or less legally available as a medicine (depending on the comprehensiveness of the list of symptoms and syndromes for which the state allows it to be used as a medicine) cannabinopathic practice continues to be only partially transparent.  Because it is unlikely that any state will ever include pre-menstrual syndrome or intractable hiccups, for example, as indications for which cannabis may be useful, patients suffering from these and many other disorders will have to continue to use cannabis covertly or wait until after the prohibition comes to an end as it recently has in Colorado and Washington.  This is consistent with my belief that it will be impossible to realize the full potential of this plant as a medicine, not to speak of the other ways in which it is useful, in the setting of this destructive prohibition.

 

An Ugly Truth in the War on Drugs

Sunday, March 10, 2013 @ 06:03 PM  posted by theresa@idrasilrx.com

By FERNANDO HENRIQUE CARDOSO and RUTH DREIFUSS

 

This week, representatives from many nations will gather at the annual meeting of the United Nations Commission on Narcotic Drugs in Vienna to determine the appropriate course of the international response to illicit drugs. Delegates will debate multiple resolutions while ignoring a truth that goes to the core of current drug policy: human rights abuses in the war on drugs are widespread and systematic.

Consider these numbers: Hundreds of thousands of people locked in detention centers and subject to violent punishments. Millions imprisoned. Hundreds hanged, shot or beheaded. Tens of thousands killed by government forces and non-state actors. Thousands beaten and abused to extract information, and abused in government or private “treatment” centers. Millions denied life-saving medicines. These are alarming figures, but campaigns to address them have been slow and drug control has received little attention from the mainstream human rights movement.

This is a perfect storm for people who use drugs, especially those experiencing dependency, and those involved in the drug trade, whether growers, couriers or sellers. When people are dehumanized we know from experience that abuses against them are more likely. We know also that those abuses are less likely to be addressed because fewer people care.

The U.N. Office on Drugs and Crime recently described what it saw as the fallout of the war on drugs. A system seems to have been created, the agency said, in which people who use drugs are pushed to the margins of society. What the agency failed to note, and which is clear to those of us involved in harm reduction and drug law reform, is that these people’s human rights have also been marginalized and are too easily ignored.

The U.N.’s International Narcotics Control Board has refused to condemn torture or “any atrocity” carried out in the name of drug control, claiming it was not its mandate to do so. This is both shocking and contradictory: oversight of international drug control treaties is the control board’s very mission.

Late last year, despite the evidence before it, the U.N. Committee against Torture failed to condemn the widespread abuse of people who use drugs in the Russian Federation. In Russia, drug users are routinely cramped into large numbers in one room in woeful conditions, with inadequate food, often tied to beds for periods of up to 24 hours. Those singled out as troublemakers are injected with haloperidol, which causes muscular spasms and spinal pain, and often are tortured and beaten to force confessions. Requests for medical assistance often results in more beatings.

While tolerating such abuses, the Russian government continues, inexcusably, to prohibit the prescription of oral methadone treatment to people who are injecting heroin or other opioids, fueling the H.I.V. epidemic and risks of overdose.

In a report last week to the Human Rights Council, the U.N. Special Rapporteur on Torture condemned abuses against drug users in detention centers across Asia and called for them to be shut down. But far more attention is needed. Just as we now view the war on terror through a human rights lens, we need to see drug control as a human rights concern. We need to acknowledge that not only are human rights abuses in the war on drugs widespread, but that they are systemic. They are an inevitable result of what governments do when they set repressive and unrealistic goals to eliminate supply and demand for widely available commodities and exhibit zero tolerance for human behavior.

A systemic problem demands systemic change. Recently, a U.N. General Assembly Special Session on Drugs was announced for 2016. It is a chance to look again at the drug control system. This time, human rights must be at the forefront. As we move toward 2016 and this important review, it is time for the human rights movement to take a leading role in calling for an end to the war on drugs and the development of drug policies that advance rather than degrade human rights.

Fernando Henrique Cardoso, a former president of Brazil, is chairman of the Global Commission on Drug Policy. Ruth Dreifuss, a former president of Switzerland and minister of home affairs, a member of the commission.

 

Source: http://www.nytimes.com/2013/03/11/opinion/11iht-edcardoso11.html?_r=2&

Here’s why medical marijuana isn’t going away

Friday, March 8, 2013 @ 06:03 PM  posted by theresa@idrasilrx.com

L.A. City Councilman Bill Rosendahl, a cancer patient, says ‘life is now worth living’ thanks to his weed regimen. But his story also illustrates the pitfalls of a patchwork DIY system.

By Gale Holland, Los Angeles Times

Bill Rosendahl lifts his walker over the threshold and carries it into the grow room before anyone in his entourage — press secretary, pot shop owner, pot consultant and bud tender — can rush over to help.

Even after 13 hits of radiation and seven rounds of combination chemo, Rosendahl moves steadily, straight as a poplar, past 2-foot-high cannabis plants labeled Hindu Skunk and Humboldt O.G. And, he says, Herbalcure, the Westside pot dispensary we’re touring, is responsible for his vigor.

This is what decades of battles over marijuana use have come to in L.A.: A city councilman taking a journalist around to show where he scores his dope.

Rosendahl doesn’t find it as incongruous as I do: After the Westside councilman was diagnosed with cancer, Herbalcure and The Farmacy, a Venice dispensary, developed a weed regimen for him that he says wiped out the pain that once had him writhing in bed, incapacitated.

“The brain is back, the energy is back,” he said. “Life is now worth living.”

One of the weird things about the hazy half-world where medical marijuana lives — and the one least mentioned — is how patients go about getting the right medicine. There are no sanctioned drug trials funded by Big Pharma or diagnostic manuals to tell you which of the dozens of strains with crazy names works best with your condition. Or the best delivery method. It’s all trial and error.

There’s also nothing to say how your pot is grown or to help you guard against mold and toxic pesticides. And in the wild thicket of L.A.’s 600-plus pot shops, how do you avoid sleazy dumps run by shady characters? This is a particularly delicate matter for an elected official, for whom simply appearing in the wrong pot shop, even with a physician’s prescription, could be a scandal.

Rosendahl came to the shop to make sure his dope was clean. Herbalcure passed his inspection.

“Send me a bill,” Rosendahl called as he pushed his walker down the red carpet leading out of the shop.

Rosendahl, 67, found out in July he had a rare form of cancer in the tubes between his kidney and his bladder. He was desperately ill — “more on the other side than this one,” he said. At one point, a doctor told him to skip the chemo and prepare to die.

“I said not if I can help it, and the good Lord can help me,” he said.

The cancer spread to the lumbar vertebrae in his lower back, bringing excruciating pain. Even the heaviest prescription painkillers, like OxyContin, brought only momentary relief, he said.

Before his diagnosis, Rosendahl had a pot card he had used for a decade for cannabis to treat neuropathy, a stinging pain in his foot that’s a side effect of his diabetes. Now he needed some real dope. But the city had recently moved to ban pot shops.

In October, Rosendahl used his own story to get the City Council to repeal the ban.

“I got up and said, ‘Look at me,’ ” Rosendahl recalled. “I’d be dead. You want to kill me? Throw me under the bus?’ It became very personal.”

After the speech, Herbalcure and The Farmacy came forward to offer their services. Nathan Donahoe, Herbalcure’s jack-of-all-trades, began visiting Rosendahl’s Mar Vista house weekly to discuss his condition.

Eventually, he cooked cannabis leaves in butter, creating an edible paste that Rosendahl describes as “incredible.” From the Farmacy, Rosendahl got a vaporizer called the Volcano. The combination got him back on his feet and able to resume much of his council schedule.

At his home, Rosendahl showed me his medical stash. Under eggs his backyard hens had laid, three glass mason jars filled with the viscous butter in various shades of green were lined up on the refrigerator door. The labels read “extra strength” and “1/4 teaspoon,” the dosage.

Rosendahl can cook with the butter, spread it on toast or take it straight. Donahoe said he often stops at the farmers market to pick up a loaf of organic bread so Rosendahl can slather it on.

“It tastes like a very herbal butter,” Donahoe said.

Source: http://www.latimes.com/news/local/la-me-holland-pot-councilman-20130308,0,5689068.story?page=2

Medical Marijuana Amendments Could Harm Michigan Residents

Wednesday, December 19, 2012 @ 10:12 PM  posted by theresa@idrasilrx.com

Last week, Michigan’s leaders passed a number of bills in a marathon lame-duck session, scrambling to push through controversial legislation behind closed doors late into the night. The bills included several amendments to Michigan’s Medical Marihuana Act (MMMA), in addition to an Emergency Financial Manager bill which was previously rejected by Michigan voters just over a month ago.

The medical marijuana bills passed includeprovisions that:

- Restrict how medical marijuana is transported, potentially creating a new crime
- Dictate workers’ compensation or auto insurance coverage for medical marijuana
- Continue to attack the doctor-patient relationship, discouraging additional potential doctors from participating
- Encourage outdoor growth without addressing concerns of additional protections
- Disqualify some current, approved caregivers after previous long-term patient relationships

These stipulations do nothing to protect patients or caregivers, and seem aimed at creating more medical marijuana-related arrests.

Requiring a specific location for transport is absurd, and shows politicians do not recognize the medicinal benefits of marijuana, continuing to treat it as an illegal drug. Must you take the same precaution when picking up antibiotics or heartburn medication, locking it in the trunk and disallowing any passengers? These new bills are a step back for Michigan and the MMMA.

If legislators want to make a difference, it starts elsewhere than the Act. The program’s $16.7 million surplus, according to the Senate Fiscal Agency, should be used to teach and retrain police agencies on new policies and procedures regarding medical marijuana. Patients and caregivers have created this surplus, they should benefit directly from it.

Several months ago, I spoke at a House Judiciary Committee Hearing, providing perspective on patients and medical marijuana. The goal then, as it remains now, is to change the perception of medical marijuana and increase patient safety, not leave them open for more scrutiny and harassment.

Legislators need to accept medical marijuana, its benefits, and understand that their constituentsoverwhelmingly approved its legality. Medical marijuana needs to be added as a provision to the Public Health Code, rather than viewed as an exception to criminal behavior in limited circumstances.

Legislators have seemingly caused more stress, fear and anguish for the very people who put them in office. The passing of the MMMA was an historic day for Michigan and a huge victory for those seeking a natural, legal remedy for their ailments. The continued attacks of the Act endangers Michigan residents and is an ill-fated attempt to over-regulate and destroy its original intent, which is to provide patients with the relief they seek through the use of medicinal cannabis.

Opposite argument about marijuana leads to same conclusion

Tuesday, December 18, 2012 @ 09:12 PM  posted by theresa@idrasilrx.com

STEVEN KALAS

I read your article this morning, and I think you’re pandering to the ignorant, indulgent masses. With more than 50 years in the health care field, and the first M.D. to be board-certified in occupational and environmental medicine in Nevada (1980) and additional certification as a medical review officer for drug surveillance and rehab, I think I know what the facts are.

Comparing marijuana to alcohol or other mind-altering substances is deliberately misleading. Alcohol and smoking account for approximately 50 percent of our health care bill. These are stupid, self-gratifying, voluntary decisions that cost society in dollars, injuries and premature deaths. The innocent people who do not partake are victims from those that do partake.

Marijuana has no medical benefit that cannot be duplicated by prescription drugs. For example: nausea from chemotherapy. These are all ploys to circumvent existing laws. You say legalize and tax. The money from taxing pales in comparison to the cost of adverse effects on society, just as with alcohol and smoking. Regulation is a buzzword, and in states that voted for it – in defiance of federal law – they admit they aren’t sure how they can effectively regulate it.

It’s bad enough facing drunk drivers on the road, walking or waiting for a bus; I don’t want marijuana upping the odds of injury and/or death. Tests in flight simulators demonstrated that one marijuana cigarette compromised performance in commercial pilots for as long as 12 hours. Police have also stated that marijuana use accompanies an increase in crime. – L.K., Las Vegas

Thanks for weighing in here, L.K., especially with all your knowledge, training and experience. Yet you’ve done something here that happens often to me. It’s a source of endless fascination since I began writing this column years ago. You understand yourself to disagree with me … yet in so doing, you make my point in spades.

Which makes me wonder if my point was clear. Allow me to review what my point was not.

My point was not that marijuana use was always benign and in every case inconsequential. It’s not. Neither do I want impaired drivers and airplane pilots. Hell, I think smoking cigarettes while driving should be outlawed. Can’t be a good idea to light fires in your car and wrangle open flames and embers while changing lanes at 65 mph! You think cellphones are a distraction? Try driving while trying to pat out the live ash you just dribbled in your lap!

My point was not, “Yippee, let’s all get baked!” Frankly, I don’t need another vice. Of course, the medical benefits of marijuana can/could be duplicated by prescription drugs. But the medical benefits of drinking red wine could likewise be duplicated. You say recreational marijuana use is an indulgence. Specifically, an indulgence of the “ignorant, indulgent masses.” Well, so is the beer-drinking I was doing last night while watching the Packers beat the Lions. (Victoria Beer, by the way. Made in Mexico. Decided to give it a try.)

Yes, human beings are an indulgent lot – with ice cream, Netflix, aerosol cheese product squirted on crackers, pedicures … and beverage alcohol. And marijuana, apparently. Individual people must decide for themselves which occasional indulgences in what proportion and frequency add beauty, meaning and recreational pleasure (the word “recreate” means literally to re-create) to a life well-lived, as opposed to behavior fostering laziness, irresponsibility, unhealth, addiction or other antisocial behavior.

You say that comparing marijuana use to alcohol use is deliberately misleading. But then you point out that alcohol and tobacco account for 50 percent of our health costs. Again, good man, you’re making the only point I was trying to make: I am no longer in possession of one intelligent argument why marijuana should be treated any differently as an indulgent recreation or a destructive vice than America’s most self-evidently destructive vice – drinking!

All I’m saying is all I’m saying: Alcohol is legal … marijuana is not. I cannot defend that position intellectually or morally. Measured in social consequences, it would actually seem more logical for it to be the other way around. As it stands, the position of the federal government seems painfully and absurdly contradicted on this issue.

Not to mention that I no longer trust the Fed’s motive on this one. The War On Drugs is, for some folks, a very, very important industry to keep going.

In short, everything you said was true, and I thank you for saying it. The irony between us is that we are using the same truth to point to two different conclusions.

 

Help Needed: Release Five Lifetime Marijuana Prisoners

Saturday, December 15, 2012 @ 07:12 PM  posted by theresa@idrasilrx.com

by Allen St. Pierre

Cannabis Prohibition is ending in America (and likely soon around the world too). It is not going to end without prolonged legal, political and regulatory battles. This is well known and anticipated by reformers.

Social justice movements take decades to build up credibility, social impetus and political saliency. There are, necessarily, many angles by which cannabis prohibition laws can be assaulted: legislation, binding voter initiatives and impact litigation.

Recently, the law office of Michael Kennedy (the principle behind Trans High Corporation, publishers of High Times Magazine; lifetime member of NORML Legal member) filed anhistoric legal petition with the federal government seeking clemency for five elderly prisoners serving lifetime sentences for cannabis-only related crimes. In the many hundreds of debates and discussions I’ve had with law enforcement officials and elected policymakers about the need to replace cannabis prohibition laws with logical alternatives, I’m vexed to no end when they make the ridiculous claim: ‘no one gets arrested for marijuana anymore and certainly no one is incarcerated for the stuff!’

To wit, 1) there are over 750,000 annual cannabis arrests(90% for possession-only) that generate many tens of thousands of cannabis-only offenders sent to jail or prison, and 2) these five men are serving lifetime sentences, for a product that is no longer contraband in two states, decriminalized in fourteen states and eighteen states (and the District of Columbia) now have medical cannabis laws (with six states allowing commercial retail access to the herb with a physician’s recommendation).

This federal petition to release these men back to their loving families and to get off the tax roll is born out of the non-profit organization called Life For Pot (where the groups is tracking at least twenty prisoners serving life sentences for cannabis-only related offenses), the heart felt project of volunteer Beth Curtis.

Mr. Obama indicated to ABC News that ‘he has bigger fish to fry’ when asked about what if anything the feds are going to regarding Colorado and Washington voters recently approving cannabis legalization measures. Whether the president is going to expend any political capital at all in actually advancing cannabis law reforms in his last four years remains to be seen, but, the man should act post haste, giving a nod to the new legal era America has entered regarding cannabis prohibition, on this well researched and written petition by granting clemency to these former and now elderly pot cultivators and smugglers.

We can all help place greater public focus and attention on this federal petition by letting the White House know that President Obama should ‘do the right thing’ and pardon these lifetime prisoners for growing and supplying cannabis to a willing and wonting population of cannabis consumers while unpopular (and largely unenforceable) prohibition laws were still in place.

Please help Mr. Kennedy’s petition for clemency, Beth’s life’s work and these five cannabis prisoners by signing the White House petition to act favorably upon it. You can review the petition here.

 

Is marijuana America’s next big industry?

Tuesday, December 4, 2012 @ 10:12 PM  posted by theresa@idrasilrx.com

By: Michael Fowlkes

The topic of marijuana is one that will always evoke a lot of emotions. For some people, marijuana is an evil drug that should remain illegal and has no place in American society. For others, marijuana is a god-given herb with life saving properties that should be legal to use for medical (if not recreational) use.

No matter which side of the argument you are on, one thing is for sure… marijuana is slowly shedding the negative image it has had ever since the movie Reefer Madness terrorized millions when it first aired in the ‘30s showing the insanity that use was purported to lead to.

Since then, society has started to view marijuana in a different light. Medical marijuana is now legal in 18 states plus Washington D.C., and last month residents of both Colorado and Washington voted to legalize it for recreational use.

There is no questioning the fact that marijuana use can greatly help people with certain medical conditions. It has been proven to help a wide range of patients. Marijuana has been shown to help with glaucoma, help cancer patients keep up their appetite, and it has even been argued by some medical experts that it can be a stand-alone cure for some types of cancer, among a long list of other illnesses.

And the good news is that research is really just getting started. There is no telling how many illnesses can be treated with marijuana.

In addition to the tax revenues that could be collected from legalizing and taxing pot, local governments would also save big money by having to spend less to arrest and process people accused of marijuana-related crimes. We would also see a quick drop in drug-related violence, especially on the border between the U.S. and Mexico.

That is the good news. The bad news is that medical marijuana laws can, and do, get abused. In many places in the U.S., smokers can easily get a prescription for marijuana that they really don’t need for medical ailments. Opponents of medical marijuana argue that the system is broken, and too easy to abuse by people just looking for a legal way to score some smoke.

Of course they are right. But that does not subtract from the fact that marijuana does have very solid results in helping a lot of people. Is it fair to restrict its use among some patients that could truly benefit from it? Or, should the U.S. just go ahead and legalize it for recreational use to make sure that everyone that needs it is able to get his or her hands on it?

Like it or not, medical marijuana is here to stay, and now that Colorado and Washington have passed laws legalizing its use for recreational purposes we expect to see more states follow suit.

Like we discussed in last week’s article on online poker, the tax revenue from legal marijuana will eventually be too much for state governments to ignore. When you add in all the costs associated with the war on marijuana going away, and money will eventually talk and lead to widespread legalization of marijuana.

Whether you are for or against marijuana, there is no debating the amount of money that is going to come from its mainstream acceptance. The country is about to go through another gold rush, but this time the commodity is going to be marijuana.

We are starting to see more and more articles discussing how to invest in marijuana, such as this article from theHuffington Post, and there is even a website called cannabisinvestments.com that discusses what stocks you can play in order to get into the marijuana business.

It is estimated that the marijuana industry will grow to a $30 to $50 billion business, so it is understandable why investors are starting to pay so much attention to its future.

Just looking at Colorado offers a good insight in the money that is to be made. Denver alone has 400 medical dispensaries and near 500 cultivation centers. This is just one city. Once it becomes national, you can only guess at how big of an industry this will turn into.

People ranging from small-time entrepreneurs all the way up to billion-dollar hedge funds are looking at ways to put their money to work in the marijuana industry. The cannabis industry is growing quick, and now is the perfect time for investors to get in. The super big multi-national companies are going to eventually get in, especially cigarette companies (which are already preparing to get in), so the opportunities that investors have now are not going to be as plentiful in years to come.

What are your thoughts on this subject? Should marijuana be legal for medical use, recreational use, or kept illegal all together? Let us hear your thoughts.

Give Pot a Chance

Thursday, November 22, 2012 @ 05:11 PM  posted by theresa@idrasilrx.com

SEATTLE – In two weeks, adults in this state will no longer be arrested or incarcerated for something that nearly 30 million Americans did last year. For the first time since prohibition began 75 years ago, recreational marijuana use will be legal; the misery-inducing crusade to lock up thousands of ordinary people has at last been seen, by a majority of voters in this state and in Colorado, for what it is: a monumental failure.

That is, unless the Obama administration steps in with an injunction, as it has threatened to in the past, against common sense. For what stands between ending this absurd front in the dead-ender war on drugs and the status quo is the federal government. It could intervene, citing the supremacy of federal law that still classifies marijuana as a dangerous drug.

But it shouldn’t. Social revolutions in a democracy, especially ones that begin with voters, should not be lightly dismissed. Forget all the lame jokes about Cheetos and Cheech and Chong. In the two-and-a-half weeks since a pair of progressive Western states sent a message that arresting 853,000 people a year for marijuana offenses is an insult to a country built on individual freedom, a whiff of positive, even monumental change is in the air.

In Mexico, where about 60,000 people have been killed in drug-related violence, political leaders are voicing cautious optimism that the tide could turn for the better. What happens when the United States, the largest consumer of drugs in the world, suddenly opts out of a black market that is the source of gangland death and corruption? That question, in small part, may now be answered.

Prosecutors in Washington and Colorado have announced they are dropping cases, effective immediately, against people for pot possession. I’ve heard from a couple of friends who are police officers, and guess what: they have a lot more to do than chase around recreational drug users.

Maine (ever-sensible Maine!) and Iowa, where the political soil is uniquely suited to good ideas, are looking to follow the Westerners. Within a few years, it seems likely that a dozen or more states will do so as well.

And for one more added measure of good karma, on Election Day, Representative Dan Lungren, nine-term Republican from California and a tired old drug warrior who backed some of the most draconian penalties against his fellow citizens, was ousted from office.

But there remains the big question of how President Obama will handle the cannabis spring. So far, he and Attorney General Eric Holder have been silent. I take that as a good sign, and certainly a departure from the hard-line position they took when California voters were considering legalization a few years ago. But if they need additional nudging, here are three reasons to let reason stand:

Hypocrisy. Popular culture and the sports-industrial complex would collapse without all the legal drugs that promise to extend erections, reduce inhibitions and keep people awake all night. I’m talking to you, Viagra, alcohol and high-potency energy drinks. Worse, perhaps, is the $25 billion nutritional supplement industry, offerings pills that make exaggerated health claims and steroid-based hormones that can have significant bad consequences. The corporate cartels behind these products get away with minimal regulation because of powerful backers like Senator Orrin Hatch of Utah.

In two years through 2011, more than 2,200 serious illnesses, including 33 fatalities, were reported by consumers of nutritional supplements. Federal officials have received reports of 13 deaths and 92 serious medical events from Five Hour Energy. And how many people died of marijuana ingestion? Of course, just because well-marketed, potentially hazardous potions are legal is no argument to bring pot onto retail shelves. But it’s hard to make a case for fairness when one person’s method of relaxation is cause for arrest while another’s lands him on a Monday night football ad.

Tax and regulate. Already, 18 states and the District of Columbia allow medical use of marijuana. This chaotic and unregulated system has resulted in price-gouging, phony prescriptions and outright scams. No wonder the pot dispensaries have opposed legalization — it could put them out of business.

Washington State officials estimate that taxation and regulation of licensed marijuana retail stores will generate $532 million in new revenue every year. Expand that number nationwide, and then also add into the mix all the wasted billions now spent investigating and prosecuting marijuana cases.

With pot out of the black market, states can have a serious discussion about use and abuse. The model is the campaign against drunk driving, which has made tremendous strides and saved countless lives at a time when alcohol is easier to get than ever before. Education, without one-sided moralizing, works.

Lead. That’s what transformative presidents do. From his years as a community organizer — and a young man whose own recreational drug use could have made him just another number in lockup — Obama knows well that racial minorities are disproportionately jailed for these crimes. With 5 percent of the world’s population, the United States has 25 percent of its prisoners — and about 500,000 of them are behind bars for drug offenses. On cost alone — up to $60,000 a year, to taxpayers, per prisoner — this is unsustainable.

Obama is uniquely suited to make the argument for change. On this issue, he’ll have support from the libertarian right and the humanitarian left. The question is not the backing — it’s whether the president will have the backbone.

An Ineffective Way to Fight Crime

Thursday, November 22, 2012 @ 05:11 PM  posted by theresa@idrasilrx.com

More than a year has passed since Commissioner Raymond Kelly of the New York Police Department issued a memorandum ordering officers to follow a 1977 state law that bars them from arresting people with small amounts of marijuana unless the drug is being publicly displayed. Even so, a lawsuit filed by the Legal Aid Society in June and pending in state court makes the case that the police are still arresting people illegally in clear violation of both the commissioner’s directive and the state law. More than 50,000 possession arrests were made last year.

Law enforcement officers have often described these arrests as a way of reining in criminals whose other, more serious activities present a danger to the public. But state statistics show that of the nearly 12,000 teenagers arrested last year, nearly 94 percent had no prior convictions and nearly half had never been arrested.

Now a new study by Human Rights Watch further debunks the main premise of New York City’s “broken windows” law enforcement campaign, which holds that clamping down on small offenses like simple marijuana possession prevents serious crime and gets hard-core criminals off the streets.

The study tracked about 30,000 people arrested for marijuana possession in 2003-4 — none of whom had prior convictions — for periods of six-and-a-half to eight-and-a-half years. The study found that about only 1,000 of them had a subsequent violent felony conviction. Some had misdemeanor or felony drug convictions, but more than 90 percent of the study group had no felony convictions whatsoever. The report concluded that the Police Department was sweeping “large numbers of people into New York City’s criminal justice system — particularly young people of color — who do not subsequently engage in violent crime.” This wastes millions of dollars and unfairly puts people through the criminal system.

In 1990, fewer than 1,000 people were arrested for minor possession. The 1977 law was intended to stop police officers from jailing young people for tiny amounts of marijuana and to allow prosecutors to focus on more serious crimes. It made possession of 25 grams or less of marijuana a violation and punishable by a $100 fine for the first offense. To discourage open use of the drug, however, lawmakers made public display a misdemeanor punishable by up to three months in jail and a fine of $500.

In the past decade, civil rights lawyers have complained that police officers were arresting and charging people with public display of the drug, even though officers had found the contraband while rifling people’s pockets or after tricking them into exposing it.

Those arrested for minor possession — even if their cases are eventually dismissed — can endure grave collateral consequences. They can lose job opportunities, access to housing and can be turned away when applying for military service. About 80 percent of those arrested are black or Hispanic. This has led the legal scholars Amanda Geller and Jeffrey Fagan to label the city’s marijuana campaign “a racial tax” because it takes a heavy toll on minorities, while bringing little or nothing in the way of crime reduction.

The Legislature could go a long way toward ending unfair prosecutions by adopting Gov. Andrew Cuomo’s proposal to make public display of a small amount of marijuana a violation, unless the person was smoking the drug in public.

A version of this editorial appeared in print on November 23, 2012, on page A34 of the New York edition with the headline: An Ineffective Way to Fight Crime.