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Medical Marijuana

If Medical Marijuana Patients Don't Exist, How Come They Keep Sending Us Letters?

Our Executive Director David Borden and NORML's Senior Policy Analyst Paul Armentano have coauthored an updated version of Dave's DWC editorial, "Why Do People the Government Says Don't Exist Keep Writing Me?"

Check it out over at Huffington Post. It's quite good.

You know, it's funny how drug policy reformers keep getting accused of exploiting sick people in the medical marijuana debate, yet when patients write to us, it is always to thank us for our efforts. Somehow I doubt the Office of National Drug Control Policy gets many letters from medical marijuana users thanking them for opposing the evil marijuana lobby that tries to exploit them by making their medicine legal.

Feds Raid Wheelchair-bound Paraplegic For Medical Marijuana [Updated]

The federal government is so desperate to undermine New Mexico's new medical marijuana law, they've started arresting harassing handicapped people:
MALAGA, N.M. — Agents with a regional drug task force raided Leonard French’s home in southeastern New Mexico on Tuesday and seized several marijuana plants [Ed., it was actually just 6 seedlings]
But the wheelchair-bound man said he’s certified by the state Health Department to possess and smoke marijuana for medical reasons. The 44-year-old lost the use of his legs about 20 years ago as the result of a motorcycle crash and now suffers from chronic pain and muscle spasms. [Santa Fe New Mexican]
Normally, the DEA would avoid this kind of bad publicity. But since New Mexico's medical marijuana program just started, they're trying to intimidate patients and confuse legislators in other prospective medical marijuana states:
A press release jointly issued by the Pecos Valley Drug Task Force illustrates the political nature of the raid, reading in part, "Citizens of New Mexico need to be aware that they can still be prosecuted on the federal level even though New Mexico has a law permitting marijuana for medicinal use." [DPA]

Drug warriors keep arguing that medical marijuana laws create conflict between state and federal laws, but all they have to do is stop arresting threatening patients and there'd be no problem. They're creating confusion and then citing that confusion as an argument against state laws that protect patients. Meanwhile, sick people like Leonard French are caught in the crossfire, and countless other patients are afraid to try medicine that could help them.

Revealingly, Mr. French has not yet been charged with a crime. You see, DEA is tough enough to arrest wheelchair-bound medical marijuana patients, and even boast about its authority to continue doing so. All of that serves their interest in scaring people and creating doubt as more and more states pass laws to protect their citizens from precisely this sort of foul treatment. But they won't actually try to put him in jail because that would be just hideous.

So the real message here, for those reading between the lines, is that the feds aren't always going to enforce federal law. And that tells you everything you need to know about the debate over medical marijuana. This is all a big stupid publicity stunt, and while there are casualties to be sure (getting arrested and losing your medicine does suck), the whole "conflict with federal law" argument is largely a hoax.

Regardless, we cannot tolerate any federal efforts to scare people out of treating their illnesses with doctor recommended medicine that is legal in their state. That is obscene, and it's no surprise presidential candidates are lining up in opposition to it.

Update: My mistake. Leonard French wasn't taken into custody, so "arrested" was the wrong way to describe what happened to him. I've updated the post accordingly. It's important, because patients in New Mexico should understand that you're not in any great danger if you choose to participate in the medical marijuana program. I should have been more careful about this, because I certainly don't want to perpetuate these intimidation tactics. The fact that he wasn't even arrested is significant.

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 — 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 isn’t 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:
"…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,  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 isn’t 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 won’t be to confiscate your proceeds and product, it will be to warn you: "It's come to our attention that you're selling skimpy sacks…"