Category — Medical Marijuana

In its official response to the AMA’s recent call for a review of marijuana’s status as a Schedule I drug (barring any medical use) under federal law, the White House Office of National Drug Control Policy stated that it would defer to “the FDA’s judgment that the raw marijuana plant cannot meet the standards for identity, strength, quality, purity, packaging and labeling required of medicine.”

While we’re not used to factual accuracy from ONDCP, in this case they’re wrong not once, but twice.

First, there is absolutely no reason that plant medicines can’t be standardized and controlled for purity and potency. Indeed, the Netherlands has been doing just that for years, with medical marijuana distributed in Dutch pharmacies that is “of pharmaceutical quality and complies with the strictest requirements,” according to the Dutch government.

Second, the FDA has never said that a natural plant product can’t be a medicine. Indeed the agency has a lengthy “Guidance for Industry: Botanical Drug Products,” specifically designed to aid developers of plant medicines. The document not only doesn’t rule out plants as medicines, it even states, “In the initial stage of clinical studies of a botanical drug, it is generally not necessary to identify the active constituents or other biological markers or to have a chemical identification and assay for a particular constituent or marker.” Given that the active components of marijuana are already well-known and extensively researched, marijuana is well ahead of where the FDA says plant products need to be to start the process of seeking FDA licensing.

Yes, the FDA did put out a press release in 2006 saying that “smoked marijuana” had not been shown to be a safe and effective medicine. That statement was utterly unscientific, as we pointed out at the time, but it was absolutely not a declaration that the plant could never be a medicine.

Big news: The American Medical Association adopted a new policy position today calling for the review of marijuana’s status as a Schedule I drug.

The revised policy “urges that marijuana’s status as a federal Schedule I controlled substance be reviewed with the goal of facilitating the conduct of clinical research and development of cannabinoid-based medicines, and alternate delivery methods.” While it goes on to explain that the AMA is not stating support for state medical marijuana laws, the new policy does fall in line with what is quickly becoming a universal understanding in American medicine: Marijuana has undeniable medical uses and federal law should reflect that reality.

The new policy marks a historic shift from the AMA’s previous position, which recommended that “marijuana be retained in Schedule I,” grouping marijuana with drugs such as heroin, LSD, and PCP that are deemed to have no accepted medical uses.

The AMA’s previous position was often cited by medical marijuana opponents as evidence that the drug’s medical efficacy was in question. This new policy will go a long way to convincing politicians and policy makers that the compassionate use of medical marijuana should not be blocked by outdated marijuana laws.

Last night’s election produced two noteworthy victories for the marijuana policy reform movement.

In Maine, an estimated 58 percent of voters approved Question 5, making Maine the third state in the nation (along with Rhode Island and New Mexico) to establish state-licensed non-profit dispensaries that will provide medical marijuana to qualified patients. This is also significant because it is the first time such a system was enacted by voters. (The other two were approved by state legislatures.)

And in Colorado, more than 70 percent of voters in the tiny ski town of Breckenridge voted to remove city-level criminal penalties for possession of up to one ounce of marijuana for adults over 21. While possession of any amount is still illegal under state law, the citizens of Breckenridge have undoubtedly sent a message to lawmakers in Colorado—and around the country—by taking this first and necessary step toward the end of marijuana prohibition.

Last week, I posted the results of the MPP-commissioned poll showing that despite outrageous claims being made by local officials, there is wide support for medical marijuana among Los Angeles County voters. A new poll now shows that support for medical marijuana access isn’t confined to Los Angeles.

A poll released Wednesday in San Diego found super-majority support for medical marijuana in that city. The poll — commissioned by addiction recovery Web site keepcomingback.com — found 77% agreement that “officials must make sure that San Diego’s medical marijuana patients have convenient access to their medicine in the city.” 70% support regulating the city’s medical marijuana collectives in some way, while only 9.5% support banning them (3% said they didn’t need any regulations). The poll also collected other interesting information about how San Diegans view medical marijuana sales. Read more about it here.

This poll should send a firm message to San Diego County District Attorney Bonnie Dumanis, who just last month ordered a series of shocking raids on local medical marijuana patients and suppliers.

Today, the New Hampshire General Court narrowly failed to override Gov. John Lynch’s veto of HB 648, which would have made the Granite State the 14^th in the nation to have an effective medical marijuana law.

Two-thirds majorities were needed in both the state House and Senate to override Lynch’s veto. The override passed in the House by a vote of 240-115, but came two votes shy in the Senate, which voted 14-10. [Read more →]

Congressman Sam Farr (D-Calif.) introduced the Truth In Trials Act of 2009 today (H.R. 3939), a bill that would give medical marijuana patients and providers the ability to argue in federal court that their actions were legal under state law.

Currently, a federal judge cannot consider state-level legality during a medical marijuana case. For example, Charles Lynch, a California resident who was on trial for operating a medical marijuana clinic that by all accounts operated in compliance with state law, was unable to defend himself by citing California’s medical marijuana law. And consequently, Lynch received a year-long jail sentence. He’s just one of more than 100 people who were prosecuted under federal law during the Bush administration while being denied the right to defend themselves adequately in court.

The Truth In Trials Act would provide an affirmative defense for medical marijuana patients operating within the bounds of state law. If passed, it will protect patients and providers from disgraceful prosecutions in federal court.

While the Truth In Trials Act represents only a small step in the fight for substantive, national medical marijuana reforms, it will bring a fundamental fairness to federal medical marijuana trials. Please write your member of Congress and ask him or her to co-sponsor this bill. At MPP’s online action center, writing Congress is quick and easy.

In news coverage of last week’s Department of Justice memo, there was a lot of confusion over exactly how many states have medical marijuana laws. Some outlets reported that 14 states have such laws. Others said 13 states. So which is it? And why the confusion? [Read more →]

Congressman Barney Frank, author of two important marijuana policy reform bills (H.R. 2835 and H.R. 2943), responded to a question about the direction of marijuana policy reform today on the Web site reddit.com. See the video below for his take on where the movement is headed.