Medical Marijuana

Even though only 20% of Americans still oppose medical marijuana, there's enough lingering prejudice to create serious problems for patients. Via MPP, here's another ugly example of the workplace discrimination many medical users continue to face:

ANDERSON - Although he says he has a doctor's recommendation to smoke medical marijuana, the on-site manager of a senior apartment complex here claims he was fired by its new Southern California-based management company after he failed its drug-screening test.

The firing of Christian Hughes, 33, who has two weeks in which to leave his apartment in the well-kept complex, has raised the ire of some of those senior citizens who live comfortably at the 81-unit Regency Place Senior Apartments on Red Bud Lane. [Record-Searchlight]

Apparently, Hughes's popularity with the residents has made things complicated:

Sixty-four-year-old Diane Bethany, an apartment complex resident who started a petition drive that obtained about 60 signatures in support of Hughes, says she and many others there are upset by his firing.

"He's a terrific guy," she said, adding that he's always been protective of the residents and goes above and beyond his management duties to help them out.

I can't help but grin at the thought of a bunch of seniors signing a petition to protest an unfair marijuana policy. Hopefully, the press coverage will help Christian Hughes find new employment. Moreover, any companies that still discriminate against patients should take note of the public controversy you invite when you fire good people for bad reasons.

For the second time in as many weeks, DEA agents in Colorado raided a medical marijuana operation last Thursday. Highland Park medical marijuana patient and provider Chris Bartkowiscz had been seen showing off his basement garden Tuesday night in a blurb for an upcoming local news report. On Thursday, the DEA raided him, seizing his plants and growing equipment. Bartkowiscz has been jailed pending a decision from the US Attorney's Office on whether to charge him. That decision could come tomorrow. This despite last October's Department of Justice memorandum instructing federal agencies to lay off medical marijuana in states where it is legal—unless the provider is violating both state and federal law. DEA Denver Special Agent in Charge (SAC) Jeffrey Sweetin apparently didn't get the memo. Either that, or he is blatantly thumbing his nose at his bosses, the American attorney general and president. In a Saturday interview with local TV 9 News, Sweetin said that even though state law allows for medical marijuana, federal law does not. "We will continue to enforce the federal law. That's what we are paid to do," he said. Sweetin said the Justice Department guidelines give him discretion. "Discretion is: I can't send my DEA agents out on 10-plant grows. I'm not interested in that, it's not what we do. We work criminal organizations that are enterprises generating funds by distributing illegal substances," Sweetin said. Sweetin left open the door to go after medical marijuana dispensaries. "Technically, every dispensary in the state is in blatant violation of federal law. The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment," he told the Denver Post. "Technically, every dispensary in the state is in blatant violation of federal law." The October Justice Department memo said the feds should not go after people in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." The memo said nothing about "large grows" or dispensaries not be included. Denver medical marijuana attorney Robert Corry is waiting to see whether the feds will charge Bartkowiscz. On Saturday, he filed a complaint with the Justice Department against Sweetin and the DEA, saying the raid on Bartkowiscz violated the agency's policy on enforcing drug laws in states that allow medical marijuana. Has Sweetin gone rogue? Or is the Obama administration retreating from the position staked out in the October memo? Stay tuned.

Stunned at the rapid increase in the number of registered medical marijuana patients in the state, the Colorado Senate voted overwhelmingly Monday to impose new restrictions on physicians who make medical marijuana recommendations. The Senate voted 34-1 to pass SB 109. Sponsored by Sens. Chris Romer (D-Denver) and Nancy Spence (R-Centennial), the bill would require physicians who make medical marijuana recommendations to have a "bona fide" relationship with patients, including treating a patient before he applies for medical marijuana, conducting a thorough physical exam, and providing follow-up care. The bill would also bar doctors from being paid by dispensaries to write recommendations and require that they not have any restrictions on their medical licenses. Doctors would have to keep records of all medical marijuana recommendations and provide them to state health agencies seeking to investigate doctors for violating state laws. The bill would also require persons between 18 and 21 to get recommended by two different physicians. Colorado began registering medical marijuana patients in June 2001 after voters approved a constitutional amendment legalizing its use. For years, the number of patients hovered around 2,000, but after state courts last year threw out a regulation limiting the number of patients caregivers could provide for to five and the Obama administration signaled that it was not going to interfere in medical marijuana states, the numbers exploded. By last September, there were more than 17,000 registered patients, and now the number is near 40,000. A similar boom has gone on with dispensaries, with Colorado now second only to California in their numbers. The bill was supported by Colorado law enforcement and the Colorado Medical Association, but was opposed by most medical marijuana patients and providers. "This is the beginning of the end of the Wild West" for the state's booming medical-marijuana industry, said bill sponsor Sen. Chris Romer. "This bill is an unprecedented assault on the doctor-patient privilege that would hold medical marijuana doctors to a higher standard than any other doctor," medical marijuana attorney Robert Correy told lawmakers. "This would cause human suffering. The most sick and the most poor would be disproportionately harmed. You're going to see the Board of Medical Examiners conducting witch hunts against medical marijuana providers." The bill now moves to the House.

The Los Angeles City Council voted 9-3 today to approve a medical marijuana dispensary ordinance that, if enforced, will shut down more than 80% of the city's estimated nearly one thousand dispensaries. The ordinance also bars dispensaries from operating within a thousand feet of schools, parks, day care centers, religious institutions, drug treatment centers, or other dispensaries. The ordinance allows for only 70 dispensaries to operate in the city, but grandfathers in 137 dispensaries that were licensed before the council imposed a moratorium on new dispensaries. The number of allowed dispensaries could shrink even further if suitable locations that do not violate the 1,000-foot rule cannot be found. With this vote, the city council will effectively push thousands of dispensary employees onto the unemployment rolls. Look for a feature article on the council vote and its ramifications on Friday.

As the Nation's Capital moves quickly towards implementing our very long-awaited medical marijuana law, we suddenly find ourselves obsessing over the sorts of local regulations many of us have only observed from afar. As one might imagine, the D.C. City Council is less than thoroughly experienced when it comes to regulating the distribution of medical marijuana, resulting in proposed amendments like this one:

No person with a misdemeanor conviction for a drug-related offense or felony conviction shall own or work for a registered dispensary

Whoa, slow down there. Naturally, none of us want to see D.C.'s first dispensaries run by a bunch of thugged-out ex-cons, but let's all just stop and think about this for a second. Would you ban someone from working in the medical marijuana industry because they have an arrest on their record for…medical marijuana?

It just so happens that many people in the patient and caregiver community have been arrested, not because of their own character flaws, but because of long-standing character flaws in the criminal law itself that turn sick people into criminals. We've waited an unbelievable 11 years for Congress to step aside and allow this law to take effect. Certainly, anyone who's accumulated battle scars during that time shouldn't be sanctioned again now that their past actions will finally be protected under the law.  

If the people of the District of Columbia can agree, as they emphatically did back in 1998, that it's wrong to arrest patients for medical marijuana, then we really shouldn’t be closing new doors to those who've had the misfortune of being arrested for their medicine. This is by no means the most significant regulatory hurdle to be overcome in D.C., but I find it noteworthy for the ironic prejudice it exhibits towards the exact people this law is designed to protect.

It's impossible to rank in order of severity the numerous lies that have long formed the foundation of the federal government's position on medical marijuana. But one of the most calculated and audacious deceptions deployed in this debate is certainly the manufactured myth that insufficient evidence exists to demonstrate the drug's medical efficacy.

That's why this NYT article should be required reading for anyone in the habit of expressing opinions on the scientific merits of medical marijuana:

Marijuana is the only major drug for which the federal government controls the only legal research supply and for which the government requires a special scientific review.
…
But federal officials have repeatedly failed to act on marijuana research requests in a timely manner or have denied them, according to a 2007 ruling by an administrative law judge at the Drug Enforcement Administration.

What an impressively cynical and corrupt political strategy it is to literally block research while simultaneously citing the absence of said research as an excuse for prohibition. The whole situation is so maliciously dishonest that it's disturbing to think how many government agencies were complicit in manufacturing it.

Meanwhile, medical marijuana's enemies condemn state-level reforms by reflexively insisting that the ballot box is not the place to formulate health policy. Our response is pretty straightforward:

"The more it becomes clear to people that the federal government is blocking these studies, the more people are willing to defect by using politics instead of science to legalize medicinal uses at the state level," said Rick Doblin, executive director of a nonprofit group dedicated to researching psychedelics for medical uses.

We did what we had to do, and it reflects well on the American public that this issue has been so well understood despite a massive federal conspiracy to make it confusing.

Much like every other bad thing that's ever been said about marijuana, complaints about the role of medical dispensaries in creating crime have turned out to be wild exaggerations. If you don't believe me, try asking someone a little more qualified to opine on the matter, like, for example, the frickin' Police Chief of Los Angeles:

Despite neighborhood complaints, most medical marijuana clinics are not typically the magnets for crime that critics often portray, according to Los Angeles police Chief Charlie Beck.

"Banks are more likely to get robbed than medical marijuana dispensaries," Beck said at a recent meeting with editors and reporters of the Los Angeles Daily News.

Opponents of the pot clinics complain that they attract a host of criminal activity to the neighborhoods, including robberies. But a report that Beck recently had the department generate looking at citywide robberies in 2009 found that simply wasn't the case. [LA Daily News]

Well, how do you like that? Banks are robbed constantly by angry gun-wielding assholes, but you've never heard anyone lobbying to keep them 1,000 feet away from schools and parks. Meanwhile, the biggest security threat at the dispensaries has typically been the DEA (and yes, they were routinely grabbing money from dispensaries at gunpoint until the DOJ told them to find something better to do)

The very notion of dispensaries attracting crime is largely illogical on its face, given that the whole purpose of their existence is to remove sick people from the black-market marijuana economy. Legal medical marijuana providers reduce crime on a massive scale simply by opening their doors each day. Even The Washington Post has observed the role of dispensaries in undermining cartel profits, and one couldn’t possibly calculate the cumulative crime-control benefits of millions of marijuana transactions that would otherwise have occurred in the shadows.

Cheap and unfounded claims about dispensaries attracting crime have served only to discredit their authors, while infusing needless controversy and confusion into the regulatory process. As advocates for medical marijuana, we have no opposition to sensible regulations, but policy debates should be aimed at serving the interests of patients and the community, not indulging fictitious fears at the expense of helping real people.

Each time we ask the question, more people get it right:

With New Jersey this week poised to become the 14th state to legalize medical marijuana, 81 percent in this national ABC News/Washington Post poll support the idea, up from an already substantial 69 percent in 1997. Indeed the main complaint is with restrictions on access, as in the New Jersey law. [ABC]

Yes, the only controversy that remains with regards to medical marijuana is how best to distribute it. So here's my question: Will we see presidential hopefuls in the 2012 republican primaries still making fools of themselves by supporting a federal war on medical marijuana?

I'm honestly beginning to doubt that we will. Especially if this guy's on stage.

That makes 14 states, with several more to come in the next couple years. Congratulations to everyone who worked so hard to make this possible. Oh, and while you're at it, Governor, how bout pardoning John Wilson?