There are many people suffering from PTSD who have tried treating their symptoms with marijuana and have found it to be far more effective than the prescription pharmaceuticals they had been directed to use. Unfortunately, there is little scientific research to support their claims, and the federal government recently denied permission to study the potential benefits of marijuana for returning veterans.

If the law passes, Vermont will join New Mexico and Delaware as the only states to allow medical marijuana to be recommended for PTSD out of the 16 states (and the District of Columbia) that permit marijuana treatment for other conditions.

In June 2011, Vermont passed a bill that would regulate the establishment of four non-profit medical marijuana dispensaries throughout the state.

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Today, Arizona Gov. Jan Brewer (R) announced she will not re-file her lawsuit questioning the validity of Arizona’s medical marijuana program. She also announced that once litigation is resolved challenging the health department rules, her health department will begin issuing dispensary registrations.

Gov. Brewer’s announcement follows a January 4 ruling dismissing her lawsuit. Judge Susan Bolton agreed with the ACLU, Department of Justice, and other attorneys, and found that there was no genuine, imminent threat that state employees would be prosecuted. Bolton said that Brewer could re-file if the problems with her complaint were addressed.

The U.S. attorney for Arizona at the time the case was filed, Dennis Burke, sent a letter to the Arizona health department on May 2, 2011 that flew in the face of the Obama Administration’s stated policy of not targeting those complying with state medical marijuana laws. Burke’s letter said “the [federal] CSA may be vigorously enforced against those individuals and entities who operate large marijuana production facilities” even if they are in compliance with state laws, as well as those who “knowingly facilitate the actions of traffickers.” After receiving the letter, Gov. Brewer directed Arizona Attorney General Tom Horne to file the litigation requesting clarity, even though Burke told media outlets that his office would not target state employees.

Today, Gov. Brewer wrote the acting U.S. attorney for Arizona, Ann Birmingham Scheel, noting her plans to finally move forward. Brewer requested clarification as to whether there are any activities state employees should not engage in and said “the Department of Justice and the administration which you serve will have a lot of explaining to do to the citizens of our country, and State of Arizona employees in particular, if the State’s reasonable and straightforward requests for clarity are ignored, and the Department of Justice then ambushes State employees with prosecution or civil penalties for implementing the AMMA and licensing medical marijuana dispensaries.”

Now, only one governor is stubbornly refusing to move forward with implementing a duly enacted medical marijuana dispensary program: Gov. Lincoln Chafee (I) of Rhode Island. Here’s hoping he finally sees the light.

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Whenever a member of law enforcement is killed in the line of duty, like Officer Jared Francom recently was, it’s a tragedy. When the “target” of the military tactical style operation that led to the shootout leaving the officer dead appears to have been a personal marijuana grow, it’s also infuriating.

At 8:40 p.m. on Wednesday, January 3, 2012, members of the Weber-Morgan Narcotics Strike Force in Ogden, Utah conducted a “knock and enter” warrant on the home of 37 year-old army veteran Matthew David Stewart. According to reports, they knocked and no one answered. When they forcefully entered his home in paramilitary style gear, with guns drawn, they encountered gunfire. When it was all said and done, one member of the task force was fatally injured, five members were wounded, Stewart was injured and faces likely charges of aggravated murder (which carries the death penalty) and multiple counts of attempted aggravated murder.

According to DEA Special Agent in Charge Frank Smith, the victims and other agents involved in this operation are heroes, and they were “protecting the public.” I tend to agree with Agent Smith, members of the task force are heroes, but in this instance, they certainly were not protecting the public.

The only public reports about why Stewart was raided indicate that Stewart had a personal, indoor marijuana grow for medical reasons. It’s been reported that Stewart suffers from PTSD and grew a small amount of marijuana to self-medicate. In addition, it has been speculated that the reason why Stewart failed to answer the knock is because he was asleep at the time. He worked the midnight shift and would typically be asleep at the time the raid was conducted.

So, it seems an army veteran who suffers from PTSD was suddenly awoken to armor-clad armed men in his home and he allegedly opened fire. The army vet now likely faces the death penalty. One officer is dead. Five wounded. Countless lives have been ruined.

I’d like Agent Smith to explain to Stewart exactly why he was a threat to the public. There has been no allegation that Steward sold marijuana, or gave it away to kids, or that he was a danger to anyone before the paramilitary-style raid on his house. In fact, his neighbors were shocked to learn that there was any drug activity in the area, dispelling the notion that Stewart was an immediate threat to anyone. Without making a fuss and without causing problems in his neighborhood, Stewart simply grew marijuana for personal medical reasons.

I’d also like Agent Smith to explain to Officer Francom’s family why Stewart’s personal medical grow warranted the over-the-top means of enforcement that has been linked to so many needless deaths and injuries.

Finally, I’d like Agent Smith to explain to everyone why — as he stated to Fox 13 News — this situation isn’t a legalization issue? Clearly, the officers involved were just doing their job. They were enforcing enacted laws that their superiors wanted enforced. However, if marijuana were legal, this and numerous other prohibition-related deaths, including the death of another Utah man at the hands of this very same task force, would never have happened.

So long as marijuana remains a law enforcement issue as opposed to a public health issue, we’ll keep seeing tragic stories like these. Officers and civilians shot, and often times killed, over a naturally occurring plant that is safer than alcohol. It’s sad and it’s sickening, and it’s about time that we finally rethink our nation’s devastating marijuana prohibition.

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However, on the subject of Arizona’s medical marijuana law, which was passed by voters in 2010, Gov. Brewer has taken a strikingly different approach.

Last year, Gov. Brewer sued in federal court, asking U.S. District Judge Susan Bolton to determine whether the state law is valid and refusing, in the interim, to implement a key part of the law that required the state to register 125 dispensaries. The ACLU and U.S. government argued for the dismissal.

Last Wednesday, Judge Bolton threw out Gov. Brewer’s lawsuit challenging Arizona’s medical marijuana law. Gov. Brewer filed suit while refusing to implement a key part of the law that required the state to register 125 dispensaries.

Judge Bolton’s decision was based largely on the fact that the state had no plans to violate the federal Controlled Substances Act and that there was no imminent threat of state workers being federally prosecuted. Gov. Brewer may refile her lawsuit within 30 days if she amends her claims, and she has indicated that she intends to do so.

Brewer’s lawsuit has been an unbelievable affront to the voters, a waste of taxpayer money, and a direct impediment to sick people’s access to medicine they desperately need, all coming from a governor obsessed with “standing up to the feds” on some issues, but not on behalf of seriously ill citizens in Arizona.

Arizona residents are encouraged to call Governor Brewer and tell her to stop challenging Arizona’s voter-enacted medical marijuana law!

The message for Gov. Brewer is simple: follow state law!

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Congressman Jared Polis (D-CO) asked Attorney General Holder if the Department of Justice intended to leave medical marijuana states alone as was promised in the Ogden Memo in 2009, as well as whether the recent crackdown in California on medical marijuana providers would be extended to other states.

Holder’s response was the same one that has been parroted by the administration again and again: medical marijuana is not an enforcement priority, given the department’s limited resources.

If that is true, what are the U.S. attorneys in California, Washington, Oregon, Montana, and Michigan doing? It seems as if they’ve been spending a lot of time and effort on a “low priority” lately.

Is Holder lying, or has he let the dogs at DOJ off the leash while he tries to explain why the federal government allowed guns to “walk” into Mexico that were later used to murder U.S. law enforcement agents?

Here is the clip:

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Before harping on the negative, let’s appreciate the positive aspect of the announcement. What we have here is two governors filing a petition with the federal government, backed by extensive documentation, saying that marijuana has an accepted medical use in our society. We have known this for years, but it is nice that it is becoming the general consensus. Unfortunately, that’s about all we have on the positive side of the ledger. After that, it is mostly bad news wrapped in good news clothing.

The misleading coverage started the moment the news broke, when The New York Times published its exclusive on the announcement. Describing how the governors wanted marijuana moved from Schedule I to Schedule II, the Times wrote, “Such a classification would allow pharmacies to dispense marijuana.” While technically true, in the sense that pharmacies cannot dispense Schedule I drugs, the reader is led to believe that marijuana would be available in pharmacies as soon as it is rescheduled. This is far from certain and could be a long way off on the horizon.

Given the long-held position of the federal government that it is the FDA that determines whether a substance is a medicine, it is likely that marijuana will not be available in pharmacies until it has made its way through the FDA approval process.* This is a process that could take up to a decade under the best of circumstances. But marijuana research does not exist in this country under the best of circumstance. In fact, as I wrote about recently in a Washington Post piece about stalled research on the use of marijuana for PTSD, it is almost impossible to conduct research on marijuana in this country. Moving marijuana to Schedule II will not change the rules under which marijuana research is (or is not) conducted.

Even if we were to ignore this not-so-minor problem about research and FDA approval, the governors clearly left the impression that they were pursuing rescheduling over embracing, implementing and defending existing medical marijuana laws in their own states. Yet they know that the rescheduling process will take years, perhaps more than a decade. In the meantime, patients in their states will suffer. The best Gov. Gregoire could say about this unfortunate delay during the press conference was that she was going to “encourage the federal government to not take nine years” to consider the petition. Woo. Hoo.

Finally, there is the additional matter of the specific request for Schedule II, a category of drugs defined under law as having a “high potential for abuse” that “may lead to severe psychological or physical dependence.” Drug like cocaine and morphine fall in this category. Marijuana does not belong there. At worst, marijuana should fall in Schedule III – where Marinol, which is synthetic THC is placed – a category of drugs that “may lead to moderate or low physical dependence or high psychological dependence.”

The New York Times article even included a quote from Governor Gregoire, suggesting that marijuana was not on the same level as the more dangerous Schedule II drugs.

Ms. Gregoire noted that many doctors believe it makes no sense to place marijuana in a more restricted category than opium and morphine. “People die from overdose of opiates,” she said. “Has anybody died from marijuana?”

No, Ms. Gregoire, they haven’t. And the harms from marijuana overall are quite limited. You and Mr. Chafee have come a long way today. Now it is time to step entirely out of the world of negative marijuana stereotypes and allow medical marijuana programs to move forward in your states. Rescheduling will happen eventually — and we commend you for petitioning for it — but you shouldn’t make patients in your state suffer in the meantime.

* The author would like to include a clarification, or perhaps it is a correction, here. After consulting with experts, he believes that a lengthy FDA approval process, meaning full trials to prove that marijuana is effective for a specific condition, would not be needed before marijuana could be available in pharmacies. However, there could still be a significant delay before marijuana appears in pharamacies after rescheduling (a process that could be quite lengthy itself). The DEA would have to license entities to cultivate the marijuana — a process likely to be slow, given the DEA’s history in this area. Then, maybe six months to a year later, the FDA would need to examine the marijuana produced by any entity to ensure that it is a consistent, reliable and pure product. And even after all of these steps have concluded, patients may have to deal with obstacles stemming from marijuana being listed as a Schedule II drug, including the fact that doctors and pharmacies would have to report every prescription to the DEA and that there would be no refills allowed, increasing the number of times patients would need to see doctors.

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Back in 2009, the Minnesota Legislature passed a medical marijuana bill that was immediately vetoed by then-governor Tim Pawlenty. At the time, Bachmann was a U.S. Congresswoman. One would assume that she was paying attention to the important issues within her state during this period, especially one as contentious as medical marijuana.

Here is a recent video from Jason Karimi, asking the candidate what she would do if another state, such as Iowa, were to allow medical marijuana:

Apparently, Bachmann hasn’t really given the issue of medical marijuana, and how it relates to states’ rights, much thought at all.

Do you believe her?

On an interesting side note, Fishbone are supporters of MPP’s mission and were the featured entertainment at our annual fundraiser earlier this year.

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As we told you on our blog last week, the U.S. government owns a patent on the use of some of marijuana’s components as antioxidant and neuroprotectant. This is despite the fact that it also classifies marijuana as a Schedule I substance with “no accepted medical use” and a “high potential for abuse.”

Late last week, the U.S. government published a notice in the Federal Register, where the government publishes all potential regulatory actions so that the public can provide comments, stating that it was considering licensing its rights to that patent to a company called KannaLife Sciences. The purpose of the license is: “[t]he development and sale of cannabinoid(s) and cannabidiol(s) based therapeutics as antioxidants and neuroprotectants for use and delivery in humans, for the treatment of hepatic encephalopathy …”

How a substance with “no accepted medical use” could be used to treat anything is a mystery. Of course, you and I know better. We know that there are hundreds of studies, including the gold-standard “double-blind, placebo-controlled” variety, showing marijuana and its components are effective in treating myriad ailments. Sadly, we haven’t yet begun to grasp its full potential because of federal obstruction of research (PDF) into marijuana’s medical potential, even for troops returning from Iraq and Afghanistan.

So good luck Kannalife, you’re going to need it. The same government that’s licensing patent rights with one hand is busy blocking the research you’ll need to do with the other. It’s called hypocrisy.

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Well, guess what non-toxic and inexpensive medicine patients use as a substitute for those expensive, dangerous pharmaceutical drugs? If you said marijuana, you are correct!

A recent survey conducted by the Berkeley Patients Group and reported in the American Psychiatric Association’s Institute on Psychiatric Services found that 66% of their medical marijuana patient clients reported using marijuana as a prescription drug substitute. Most patients said they used marijuana because it was more effective than their prescribed drugs and was accompanied with fewer, and less severe, side effects.

Unfortunately, the federal government insists that marijuana is a dangerous drug with no accepted medical use. Perhaps if it came in a pill, cost a fortune, and had debilitating side effects, it would sail right through the FDA approval process.

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Since the beginning of October, U.S. attorneys in California have released statements giving some medical marijuana businesses 45 days to close or risk prosecution. They have also issued threats to landlords, indicating that they will be prosecuted and their property seized if they rent to medical marijuana businesses. In addition, media outlets have been warned that advertising for medical marijuana businesses, a major source of media revenue in California, could lead to federal charges as well.

“The recent announcements by the U.S. attorneys of the intent to target the California medical marijuana industry are a waste of law enforcement resources and a betrayal of campaign promises made by President Obama,” said Rob Kampia, executive director of the Marijuana Policy Project. “Shutting down businesses that provide medical marijuana to patients, and threatening their landlords and media advertisers, will not have any effect on the illicit marijuana market. This crackdown will hurt the California economy, deprive state and local governments of vital revenue, and, most importantly, put patients in danger. Any attack on the ability to safely access medical marijuana is an attack on patients.”

“The Department of Justice and President Obama could easily stop this interference at any time and allow California to deal with medical marijuana in the way that is best for its residents,” said Kampia. “Since the federal government cannot be trusted to respect states’ rights when it comes to medical marijuana, concerned citizens should urge their congressional representatives to support H.R. 1983 – The States’ Medical Marijuana Patient Protection Act – which would remove the threat of federal intrusion in states that permit the medical use of marijuana.”

Sponsored by Rep. Barney Frank (D-MA) and co-sponsored by several prominent lawmakers, this bill would remove the ability of the federal government to enforce provisions of federal law that are contrary to states’ medical marijuana laws. The bill would also pave the way for changing the classification of marijuana in the Controlled Substance Act to Schedule III or lower. For more information on this bill, please visit our Federal Policy page.

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