Medical Marijuana

It's Time for Medical Marijuana "Plan B"

Did you know that along with raiding medical marijuana clinics and prosecuting people, the DEA is actually blocking research into medical marijuana too -- research that if allowed to take place could lead to marijuana's approval as a medicine through the FDA? Yet at the very same time, DEA hypocritically cites a lack of research as justification for keeping medical marijuana illegal! Most recently, DEA has stalled an application from the University of Massachusetts to grow research-grade marijuana in a secure facility for FDA- and DEA-approved medical studies. Though DEA's own Administrative Law Judge has said it should be approved, we expect them to show bad faith and reject it -- after waiting as long as they can -- unless they are pressured to do otherwise. A group of US Representatives is preparing to send a sign-on letter to the DEA, next month, for just that purpose. Please visit our web site to write your member of Congress asking him or her to sign on! We encourage you to personalize your email. When you're done, please forward this alert to everyone you know who might support it too. Thank you for your help on this -- and thanks to the thousands of you who used our site to lobby for the Hinchey medical marijuana amendment last fall too. With your help, we believe that this "Plan B" will help get us closer to the goal. (Click here to read the text of the Congressional sign-on letter on the MAPS web site, and click here to read the results of this summer's Hinchey medical marijuana vote on ours.)

Democratic Presidential Candidates All Support Medical Marijuana

It's about time Barack Obama took the right position on a drug policy issue. Last night he concurred with the other democratic presidential hopefuls that the federal medical marijuana raids must stop:

MANCHESTER, NEW HAMPSHIRE â In his first public statement on the subject, Democratic presidential candidate Barack Obama pledged to end medical marijuana raids in the 12 states that have medical marijuana laws Tuesday at a campaign event during a Nashua Pride minor league baseball game.

Obama's pledge came as a response to a question from Nashua resident and Granite Staters for Medical Marijuana volunteer Scott Turner, who asked the senator what he would do to stop the federal government from putting seriously ill people like Turner in prison in states where medical marijuana is legal.

"I would not have the Justice Department prosecuting and raiding medical marijuana users," Obama said. "It's not a good use of our resources." [MPP]

I remain unimpressed with Obama, however. He promises "change" yet openly laments the "political capital" it would cost to repair a no-brainer racial justice issue like the crack powder sentencing disparity. Arguably the worst on drug policy among the democratic contenders, Obama's stance on medical marijuana could easily be dismissed as a political rather than a compassionate stance.

Still, Obama's gutlessness would hardly alienate him from a Democratic Congress that remains enslaved by the drug war status quo. Really, if all democratic candidates agree with ending the medical marijuana raids, why the hell are democrats continually blocking the Hinchey Amendment, which does exactly that?

I just asked MPP's Aaron Houston this question, and he says it's a lot easier for the President to define DOJ's priorities than it is to get every single Democrat to sign onto something that many believe could hurt them politically. This may explain why Hinchey didn't do better this year under a democratically-controlled Congress. Since the democrats see a strong chance of reclaiming the White House, they have little incentive to take even minor political risks over an issue that could be resolved administratively in January '09.

That's a long wait for patients and providers that continue to live in fear of the DEA, but with Hinchey on pace to pass in 2027, January '09 feels like a fine time to bring this madness to an end.

Supporting Medical Marijuana Is Smart Politics

This exchange between Bill Richardson and Stuart Cooper of Granite Staters for Medical Marijuana shows the political wisdom of supporting compassionate policies. Richardson discusses his efforts to protect patients in New Mexico, and describes the broader drug war as a failure, then appeals to Cooper for support:

Richardson: By the way, I hope you can get me some votes. I haven't won too many votes with that one. You should see the letter I got from the Sheriff's Association, but sometimes you gotta do the right thing. It's the right thing.

Cooper: Sir, 80% of New Hampshire voters agree with you.

Richardson: Do they?

Cooper: Yes sir.

Richardson: Will you tell them?

Already on the presidential campaign trail, Richardson was nonetheless surprised to learn that his support for medical marijuana would resonate with a huge majority of voters.

That was July 16. By August 17, Richardson had sent a letter to President Bush demanding that ONDCP stop threatening his state's new medical marijuana program. He also ordered the NM Dept. of Health to move forward despite federal intimidation. All of this is displayed proudly on his presidential campaign site.

The point here isnât that Richardson is trying to win the favor of voters. He already supported medical marijuana, but stepped up his efforts after learning that it was safe and, in fact, smart to do so. By taking this message to the other candidates, we might get more than just a promise to end the federal raids.

New Mexico Medical Marijuana Update -- Richardson Says Full Steam Ahead Despite Attorney General's "Prank"

Late Thursday night we reported in the Chronicle that New Mexico's Dept. of Health had balked at supplying medical marijuana to patients following a warning from state Attorney General Gary King that he wouldn't defend state workers if the feds prosecuted them. Gov. Richardson, who is running for president in the Democratic primary, has ordered the Health Dept. to comply with the law, and has urged President Bush to stop the medical marijuana prosecutions. I'm not surprised by Richardson's stance, given how hard he fought to rescue the bill last spring when its demise had already been pronounced. Looking at the text of the law, I really have to say I think King is full of it. The law does not tell the Health Dept. to have its own employees grow or distribute marijuana; it tells the department to license people to grow it. Then those licensees will be taking their chances with the feds, for their own individual reasons. But that's not the same thing as state employees being subject to federal prosecution themselves. There have certainly been federal raids of medical marijuana providers in states that have licensed them, but not of the state agencies who have issued them licenses to protect them from state prosecution. Good for Bill Richardson, shame on Gary King, did he really think he could put that one over?

and yet another letter from a medical marijuana patient that the feds claim don't exist...

We received this message earlier in the week:

I have had to move back home to a state that does not allow the medical use of marijuana -- the state I was in before, Maine, allowed it -- and it is very hard for me to find relief from my pain now. My doctor has increased my medications twofold, and I do not get the pain control I had on 1/2 the narcotics with the smoke. I just hope some day the government will stop demonizing a very useful tool, and allow us who really get relief from it without abuse of the drug.

... and Another Letter from a Medical Marijuana Patient

Another patient story posted on the comment boards:

Six years ago I was literally struck down with Fibromyalgia. I simply couldn't get out of bed one morning. I crawled versus walking most of the time as it was less painful. My husband had to lift me onto the toilet, give me baths, cook, etc., because I was of no use to anyone, including myself. I also had no appetite whatsoever. I lost 20 pounds in a matter of weeks, leaving me a frail 100 lb 50 year old. My husband thought maybe marijuana might help with my appetite, so he "scored" some for me. It not only restored my appetite, it also took a lot of my pain away. It makes me sick to think we both could have been arrested. When is this country going to wake up?!!

As before, good question.

Opposition to Medical Marijuana is a Conspiracy to Prevent Broader Legalization

An important fact to understand about the medical marijuana debate is that the federal government knows perfectly well that marijuana is an effective medicine:

*They've been providing it for decades to a select group of seriously ill patients, and continue to do so.
*They've approved a synthetic drug with the same active ingredient (THC).
*They commissioned a huge study in 1999, which explicitly said it works.
*They've been blocking research, which makes no sense if they think the results will favor them.

So the debate over medical marijuana isn't even about whether it has medical properties. It is about something else entirely, stated perfectly by ONDCP's Tom Riley just the other day:

"â¦a lot of the people who are behind this aren't really interested in sick people who need medicine, they're interested in marijuana legalization and they're playing on the suffering of genuinely sick people to get it." [Reuters]

As silly as it is, this argument explains everything there is to know about why the government actually opposes medical marijuana. Though countless mainstream medical, legal,Â and religious organizations support medical marijuana, the federal government remains fixated on drug policy reformers and our role in defending the rights of patients.

The simple truth is that they are afraid that medical marijuana could lead to full-blown legalization of marijuana for recreational use. And it's not an irrational concern. If you're struggling to prevent accurate information about marijuana's effects from reaching the scientific community and the public, the last thing you want is a huge user population that can speak openly about their experiences with the drug.

Ironically, it is ONDCP's obsession with legalization that has turned medical marijuana into a great controversy, not ours. Similarly, it is ONDCP that exploits patients for political purposes, not us. Opposition to medical marijuana is not championed by doctors or scientists. It is funded and carried out by political operatives who want to keep marijuana illegal for everyone. That's the real medical marijuana conspiracy.

San Francisco Orders Medical Marijuana Dispensaries to Sell Fatter Bags

Regulation of medical marijuana distribution can have some interesting side effects. The following email, sent to a dispensary operator by an employee of the San Francisco Department of Health, shows that the city is requiring clubs to be more careful in their measurements:

Dear MCD Applicant;

It has come to my attention that some MCD's [medical cannabis dispensaries] are using the incorrect equivalent conversion between grams and ounces. You must use 28.35 grams/ounce, not 28 grams/ounce for all cannabis sold by weight. The law behind this is in the State Business and Professions Code, which is typically enforced by Weights and Measures (State Dept of Agriculture). As they currently are not addressing weights and measures issues regarding cannabis clubs, the City's MCD Inspection Program will enforce this requirement.

Please feel free to share this with any club operator (I do not have email
for most operators).

Thank you for your cooperation.

In other words, San Francisco is ordering dispensaries to give patients more bud for their buck. The extra 3rd of a gram per ounce isnât going to put any providers out of business, but it's amusing to see the city intervene on behalf of medical marijuana consumers.

This is the kind of regulation the marijuana industry actually needs. Hopefully someday, when the DEA shows up at your dispensary, it wonât be to confiscate your proceeds and product, it will be to warn you: "It's come to our attention that you're selling skimpy sacksâ¦"

My Representative Explains Why She Voted Against Hinchey-Rohrabacher

Although I'm sitting in British Columbia this month and will be in Northern California next month, I am registered to vote in South Dakota. My representative in Congress--South Dakota only has one congressperson--is Democrat Rep. Stephanie Herseth Sandlin. Elected in 2004 in an extremely tight race, she has consistently voted against Hinchey-Rohrabacher, which would stop the feds from arresting and prosecuting medical marijuana patients and providers in states where it is legal. I emailed and telephoned her office prior to the vote urging her to vote for Hinchey. Again this year, she voted against it. Here's her reason why:

July 27, 2007 Mr. Phillip Smith XXXXXXXXXXXXXXX Huron, SD 57350 Dear Phillip: Thank you for contacting me regarding the issue of medical marijuana. I appreciate hearing from you. As you may be aware, on July 25th, the House of Representatives again defeated an amendment that would have prevented federal enforcement of the Controlled Substances Act against medical marijuana users and providers in the states that have approved such use. I opposed the amendment. The U.S. Supreme Court has addressed the scope of federal authority to make and enforce laws regarding medical marijuana. The Supreme Court ruled that the U.S. Department of Justice can continue to enforce the federal Controlled Substances Act against medical marijuana use in states whose laws authorize medical marijuana use. The ruling does not strike down state laws approving such use, but permits the Department of Justice to continue enforcing federal laws regarding such use. Thank you again for contacting me. I will keep your thoughts in mind as issues related to medical marijuana use are discussed in Congress. Sincerely, Stephanie Herseth Sandlin

Basically, Herseth Sandlin is saying that illegal (under federal law) is illegal, and she's not about to get in the way of the DEA--even if it means allowing the agency to disrupt the lives of seriously ill people (whom she never even mentions). She does not bother to say where she stands on the issue of medical marijuana, only that the feds are allowed to enforce the law. As much as I disliker her reasoning and her vote, she has something of a point: If we don't like a law, we should get rid of it, not allow it to remain on the books but with no funding to enforce it. Now, I understand the political realities that lead to efforts like Hinchey-Rohrabacher: A bill to legalize medical marijuana at the federal level will go nowhere any time in the foreseeable future, and we want to do something NOW to stop these raids. But as my Blue Dog Democrat representative and her fellow "no" voters demonstrate, Hinchey-Rohrabacher doesn't seem to be going anywhere, either. Maybe it's time to drop the Hinchey effort and retarget. Is it better to push for the currently unobtainable--a federal medical marijuana law--or try to seek interim fixes like Hinchey? I don't have a good answer. All I know is I'm getting very frustrated playing this political game. Where's my "Don't Tread On Me" flag? I'll have some more suggestions tomorrow about where we can go from here, and they don't involve begging our political leaders to do it for us. Stay tuned.

Another Letter from a Medical Marijuana Patient

This one is excerpted from a post made anonymously on our comment boards by a reader from Ohio:

I have had multiple sclerosis and a seizure disorder for 13 years now. I tried it the legal way and just got sicker and sicker, to the point of staying in bed all day. Then I tried marijuana, and it's like a wonder drug for me! I do not get high from the marijuana, it helps relax my muscles and takes the spasms away. Not to mention it's the only way I have an appetite to eat anything. How could someone tell me, no medical marijuana for you?

Good question.

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