Medical Marijuana

One of the great ironies in the debate over marijuana's medical applications is that the drug may prove to be vastly more useful than many marijuana activists even realize. As the U.S. government continues to block medical marijuana research, scientists around the world are discovering new and exciting possibilities:

Investigators at Bar-Ilan University in Israel report that the administration of THC significantly affects the viability of GBM cells. Glioblastoma multiforme, the most aggressive form of glioma (brain cancer), strikes some 7,000 Americans annually, and generally results in death within one to two years following diagnosis.

"THC [is] an essential mediator of cannabinoid antitumoral action," investigators concluded. [NORML]

Or, in layman's terms, THC might stop tumors from killing people. Isn't that great? Now all we have to do is legalize it so people can cure their brains without fear of being raided by the DEA.

As evidence of marijuana's potential value in treating various cancers continues to grow, it becomes increasingly vital that we silence marijuana opponents who seek to prevent such discoveries from being made. The more helpful the drug turns out to be, the more deadly and foolish becomes the conspiracy to destroy its reputation and punish its users.

Is it really so difficult to conceive of the possibility that this plant, like so many others, exists for a good reason?

McCain, Giuliani, and Romney have all attracted unwanted attention this week with their pledge to continue the federal government's unpopular war on medical marijuana patients and providers. The question is "why?" Everyone knows mainstream republican politicians are often a tough sell when it comes to drug policy reform, but given massive public support for medical marijuana, their callous position appears politically unwise and thus more difficult to explain.

First, it helps to clarify how narrow and simplistic their argument really is. The McCain/Giuliani/Romney consensus on medical marijuana is grounded in the claim that "other medications" are available and should be used instead. This one argument virtually encompasses the totality of their opposition to medical marijuana. It is their only talking point, which is why they move on quickly to the next topic after saying it.

Still, I don't believe this argument actually tells us very much about their true motivations. When Mitt Romney recommends "synthetic marijuana" to a wheelchair-bound patient, it becomes clear that he understands the medical efficacy of the drug. Indeed, these "other medications" are often derived from synthetic cannabinoids, so the debate is clearly not over whether marijuana has medical properties. We've moved beyond that, thankfully.

At this point, it becomes a question of how patients should be acquiring and administering their medicine. Giuliani and Romney both faltered when the patients they encountered explained that they were allergic to pharmaceutical alternatives to marijuana. If they take these patients at their word, they must then confront the insufficiency of these drugs and recognize the unique predicament in which certain patients find themselves. Perhaps this new information will sink in, but that is all beside the point.

Ultimately, McCain, Giuliani, and Romney have access to all the same facts about medical marijuana as everyone else. Their problem is not a misunderstanding of the issue. They've met and spoken with the patients. They know doctors are recommending it. Their real concerns have nothing whatsoever to do with the medical efficacy of marijuana. They are worried about something else entirely:

"But having legalized marijuana is in my view an effort by a very committed few to try to get marijuana out in the public and to ultimately legalize marijuana. It's the wrong way to go." – Mitt Romney

"I believe the effort to try and make marijuana available for medical uses is really a way to legalize it. There's no reason for it." – Rudy Giuliani

This tells us everything there is to know about opposition to medical marijuana from republican presidential candidates, and for that matter, the Drug Czar himself. The whole anti-medical marijuana machine is merely a conspiracy to prevent the outright legalization of marijuana. Its adherents are fearful that telling the truth about the drug's medical value will pave the way for a shift in public attitudes about marijuana in general. They dread the "marijuana lobby" and will concede nothing to it, even if doing so forces them to take unpopular and transparently flawed positions on medical use.

Cynically, they focus on the role of marijuana legalization advocates in promoting medical access, while ignoring the much larger constituency of medical marijuana supporters who don’t advocate recreational legalization. That is why support for medical marijuana from mainstream organizations such as the American Nurses Association and the American Public Health Association is ignored, while the pro-legalization Marijuana Policy Project's position is cited routinely.

Of course, when the truth about medical marijuana becomes a political hostage in the broader legalization debate, it is legitimate patients rather than marijuana activists who suffer the consequences. Fortunately, the rise of internet video has given voters a front row seat in this enduring and increasingly ugly debate. The next victims in the war on medical marijuana may be those candidates who would sacrifice the seriously ill to drug war politics.

Via MPP, battle lines are being drawn on the campaign trail over medical marijuana. Linda Macia of Granite Staters for Medical Marijuana suffers from nerve damage, fibromyalgia, reflex sympathetic dystrophy and degenerative arthritis. She's allergic to other medications and has only found relief through medical marijuana.

You'd think that anyone hoping to become president would show some compassion for this unfortunate woman, but alas…

Notice how McCain turns his back to her the moment she utters the phrase "medical marijuana." Words could not better describe his position. McCain goes on to claim he's seen no documentation of medical marijuana's effectiveness, even though Granite Staters' Stuart Cooper had personally presented him with sound scientific evidence.

Will she have better luck with Rudy Giuliani? Let's see…

Ouch. Giuliani struggles when she explains that she's allergic to the "other medications" he recommends. He also claims not to have lobbied on behalf of OxyContin, which I guess depends on your definition of "lobbying."

Sometimes we don't get the answers we want. That's what happens when you look to the drug war for answers. But at least we're asking the right questions, and asking them often. Perhaps next time we should ask if they've seen the polling on medical marijuana. Maybe that will get their attention.

PS: Also watch McCain insult a New Hampshire student who asks him about medical marijuana, then apologize to him.

SSDP activist Jon Perri just nailed John McCain over his opposition to medical marijuana. McCain is noticably frustrated about being forced to repeatedly explain his lack of compassion for patients. He belittles Perri, only to subsequently apologize for doing so.

Note how McCain emphasizes his opposition to medical marijuana, but still claims he would not arrest patients. That's sort of the point of the question, Senator.

Cheers to Jon Perri for asking the question smartly and maintaining his composure despite McCain's interruptions. At this pace, one wonders if the Senator will have a complete meltdown the next time this question is asked of him.

Prohibition-generated violence tragically took the life of a medical marijuana user's immediate family member. According to AP News, Rex Farrance, a 59-year-old senior editor at PC World magazine, was killed last January by burglars attempting to steal marijuana that his son had grown at their home in Pittsburg, California, for medical use. Charged against three men were filed in the case yesterday. February also saw a prohibition-related murder in a medical marijuana situation, when Colorado activist Ken Gorman, who provided marijuana to patients under that state's MedMj law, was also killed in what appears to have been a similarly-motivated robbery. We need legalization NOW, so people won't get killed anymore over drug money or drugs that can be sold for money, and not just of medical use and not just of marijuana. In the meanwhile, if we can help this problem by making medical marijuana legal while we continue to work for full legalization, that's worth doing too. But all of this needless killing caused by drug prohibition is a real shame.

The Paey Pardon, as Scott blogged about here and here, was a nice piece of news, of the kind that doesn't come around too often. The last such pleasant surprise I had came in late 2000, when Kemba Smith and Dorothy Gaines were pardoned by then-President Clinton. I immediately left a message for my friend Rob Stewart, who had played a major role in bringing the Gaines case to prominence by writing it in the old Drug Policy Letter (Drug Policy Foundation, predecessor to Drug Policy Alliance), which led to coverage of her case by Frontline. Rob told me later he had two messages on his voicemail -- one from me and one from Dorothy Gaines. These moments are rewards for all the rest of it. Unfortunately, not many political leaders seem to be of the moral caliber of Gov. Crist, and there are many more victims of the drug laws who remain unpardoned. Two of them, whom I happen to know, were sentenced to prison a week ago. One of them was Bryan Epis, the first person prosecuted by the feds for medical marijuana. He received the same 10-year sentence. The other was William Mangino, a pain physician in Pennsylvania, sentenced to 8 1/2 - 20 years. Bryan was allowed to remain free pending appeal. See our upcoming Chronicle newsbrief for some detail. Bryan actually told me a few days before the court date that he anticipated getting another 10 years, but being allowed to stay free pending appeal, and he was right. He says he has a good chance on appeal, and it sounds like it -- the prosecution really acted unethically in his case, and the judge, who is by no means biased toward defendants, commented that there are issues the appellate court may want to look at. Dr. Mangino predicted a harsh sentence, and that he would not be allowed to stay free pending appeal. Unfortunately, he was right too. Christine Heberle's blog post on the War on Doctors/Pain Crisis blog lays out the glaring absence of any crime. Accountability for injustices committed under the guise of law may be too much to hope for. But at least we should have justice now. I simply don't feel that letting people like Richard Paey and Bryan Epis and Bill Mangino live their lives unmolested by the government is asking for too much.

Joe Zoretic, a founder of the Ohio Patients Network (medical marijuana advocacy group), was memorialized in Congress this week by presidential candidate and US Representative from Ohio Dennis Kucinich. The following transcript comes from the Congressional Record (PDF here or search at Thomas for HTML):

IN REMEMBRANCE OF JOSEPH STEPHEN ZORETIC HON. DENNIS J. KUCINICH OF OHIO IN THE HOUSE OF REPRESENTATIVES Monday, September 17, 2007 Mr. KUCINICH. Madam Speaker, I rise today to reflect on the life of a courageous and passionate man, Joseph Stephen Zoretic, who dedicated his life to fighting for sensible drug policy and to free others from suffering. Along with his devoted wife, Dee Dee, he was a founding member of the Ohio Patient Network and its lobbying component, the Ohio Patient Action Network. Joe started his life-long residency in the Cleveland area on December 25th, 1968. He became an active figure in the medical marijuana movement in the 1990s, when his wife was diagnosed with Reflex Sympathetic Dystrophy and needed cannabis to relieve the pain other medications could not. Since then, Joe provided policy ideas and inspiration to the state marijuana legalization activist community, from speaking at mainstream political events to testifying for better drug policy. Even if it meant going to jail, Joe stood up for what he knew: that love and bravery can overcome injustice. Madam Speaker and colleagues, please join me in honoring and remembering an extraordinary husband, father, citizen, and activist, Joseph Stephen Zoretic, who demonstrated the power we all possess to make change in this world.

And let us also honor and remember Joe Zoretic here. We will keep fighting in your name.

Nothing to see here. Just another presidential candidate appealing to voters by observing the absurdity of the way marijuana users are treated in America.

Dodd also pledges to protect medical marijuana and reform the crack/powder sentencing disparity. Notice how he lumps these issues together. Ladies and gentlemen, meet the democratic drug policy platform.

Bryan Epis, a former medical marijuana provider who was sentenced to 10 years in federal prison, and served two years before being released in the wake of the Raich medical marijuana decision, is returning to court for resentencing pending the filing of his appeal. Bryan asks that reformers in the area attend the hearing as a show of support. It is taking place at 10:00am this Friday morning (9/14) in Sacramento, California -- courtroom of Judge Frank C. Damrell Jr., 501 I Street, 15th floor, courtroom two. Click here to read our 2005 interview with Bryan, and click here to read about possible misconduct committed by the prosecution in his case. We will report in our blog Friday afternoon (or as soon as information becomes available) on what happens.

This piece in the Providence Journal is remarkable for several reasons. The stories of the real people who benefit from Rhode Island's medical marijuana law are simultaneously heartbreaking and inspiring. This is required reading for anyone who doesn't understand why medical marijuana advocacy is so important.

One seemingly minor point caught my eye, and raises issues that need to be discussed at the national level:

Anthony Pettigrew, agent for the New England field office of the DEA, said that while marijuana possession is against federal law, "the DEA never targets the sick and dying." The agency is more interested in organized drug traffickers, Pettigrew said. "I've been here for 22 years," he said, and "realistically, I've never seen anyone go to federal jail for possessing a joint."

This is a significant and unusual concession on DEA's part. Pettigrew's argument essentially refutes the typical ONDCP strategy of intimidating patients and legislators in prospective medical marijuana states by arguing that medical users will remain vulnerable under federal law.

If DEA won't arrest patients and state police can't arrest patients, then medical marijuana laws work very well. DEA continues to raid dispensaries in California, but the totality of this activity utterly fails to undermine patient access or the spirit of the state's medical marijuana law. In fact, dispensary raids continue for the sole purpose of obscuring the otherwise obvious benefits of laws that protect patients.

It doesn't matter whether DEA's policy of not arresting patients is motivated by compassion, political sensibilities, funding constraints, or some combination thereof. The fact of the matter is that state laws are effective at protecting medical marijuana users from prosecution, which is their intended purpose. This simple fact demonstrates the importance of these laws, while also revealing how empty and fraudulent the federal government's threats against medical marijuana states truly are.