Category — Medical Marijuana

Arizona Governor Jan Brewer has made a name for herself nationally by asserting her state’s sovereignty, famously “bucking the feds” on both immigration and health care reform and citing the 10^th Amendment as justification for her actions.

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!

At a hearing discussing the controversy surrounding Operation Fast & Furious, which allowed numerous firearms to be transferred to operatives for Mexican drug cartels, the attorney general got some questions on another drug war problem: the crackdown on medical marijuana.

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? [Read more →]

Huge news broke today in the world of marijuana policy reform. Governors Christine Gregoire (D-WA) and Lincoln Chafee (I-RI) announced in a joint conference call that they had petitioned the federal government to reschedule marijuana. We can expect that this will produce headlines across the country. We can also expect that the coverage will tout this as a far more significant – and positive, from the perspective of patients – event than it actually is.

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.

Early this morning on “Late Night with Jimmy Fallon,” presidential candidate Michelle Bachmann walked onto the stage to be interviewed. As she entered, Fallon’s house band and hip-hop icons The Roots played the beginning of a song by the legendary band Fishbone. While I won’t repeat the title of the song here, it seems to suggest that the Roots … do not think she is a truthful person.

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. [Read more →]

I know what you’re thinking. “The government already profits off of medical marijuana through forfeiture laws every time it raids a dispensary and takes all its cash and equipment without ever pressing charges.” Well, yes. You’re right. But never underestimate our government’s ability to find new and exciting ways to display its hypocrisy.

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.