cannabisnews.com: The Proposition 215 Dilemma





The Proposition 215 Dilemma
Posted by CN Staff on October 02, 2002 at 10:11:15 PT
By Jack W. Hook 
Source: Union Tribune
The issue of California's Proposition 215 law has been hotly debated the past several weeks.A recent seizure of marijuana by the Drug Enforcement Administration in Santa Cruz two weeks ago as well as the seizure of marijuana in San Diego last week has been criticized by local public officials as well as a minority of the public as extreme and picking on terminally ill patients. The DEA is viewed by proponents of Proposition 215 as non-compassionate people who target ill patients for investigation. This could not be further from the truth.
In fact, the men and women of the DEA are very compassionate people who dedicate their lives to identifying drug dealers and seizing drugs to make our communities a safer place to live. Furthermore, the DEA does not target drug users for investigation.Proposition 215 raises several issues between state and federal government that have raised questions in the public's mind. I would like to explain DEA's perspective on Proposition 215.Federal law is very clear; marijuana remains a Schedule I controlled substance under the Federal Controlled Substances Act. The DEA is mandated to enforce the provisions of this and other federal laws relating to controlled drugs for the public health and safety.When marijuana is observed in the ordinary course of law enforcement duties, the DEA is legally mandated to seize it. The DEA will continue to enforce federal drug laws.Proponents of Proposition 215 call marijuana medicine. This leads to a major public misconception that marijuana is a safe and effective medicine. In fact, the Institute of Medicine concluded, "if there is any future for marijuana as medicine, it lies in its isolated components, the cannabinoids," not in its smoked form. The California Medical Association opposes the medicalization of cannabis unless and until there is objective proof that such use is scientifically justifiable.Many years ago, tetrahydracannabinol, or THC, the psychoactive ingredient in marijuana, was proven to have some medical value. That is why the Food and Drug Administration approved the drug under the trade name Marinol. Marinol containing THC is available by prescription from a licensed physician. Just as the medical community regulates morphine, rather than recommending patients smoke opium, so Marinol seems the better choice for ill persons, as opposed to smoking marijuana.Proponents for medical marijuana have challenged the DEA's placement of marijuana into Schedule I of the CSA in 1994, 2001 and 2002. In 1994, the U.S. Circuit Court of Appeals for the District of Columbia affirmed the DEA's continued placement of marijuana in Schedule I. In 2001 the DEA's research as well as the FDA advised that marijuana continued to meet the criteria for placement in schedule I – that it is a drug with high potential of abuse, and no proven medical value.In 2002, in United States vs. Oakland Cannabis Buyer's Cooperative, the U.S. Supreme Court held that marijuana has no accepted medical use under federal law and stated that the CSA "reflects a determination that marijuana has no medical benefits worthy of an exception (outside the confines of a government-approved research project)."The United States has had for decades a proven protocol to research, test and approve potential medicines for public consumption. This process is overseen by the FDA with the intent of preserving public health and safety of our citizens from harmful substances. This model has been replicated in other countries. This country has never approved medicine by popular referendum, and it is ill advised to do so now.The City of San Diego recently created a task force to draft proposed law enforcement guidelines regarding possession of medical marijuana. A recent review of the draft guidelines leaves much to be desired. The draft fails to provide comprehensive guidelines on who can proclaim themselves as a "caregiver." According to the proposed guidelines, a "caregiver" is anyone designated by a patient who has assumed responsibility for the housing or health or safety of that person. Under these guidelines, a patient is able to designate a convicted drug trafficker or worse yet a teen-ager to be their "caregiver."Once designated as a "caregiver," they are allowed to grow, possess and distribute marijuana to the patient. The "caregiver" may have up to 12 patients and possess the maximum amount of marijuana for each patient (three pounds of marijuana, 72 unharvested indoor marijuana plants and 20 outdoor marijuana plants). This totals 1,104 marijuana plants and 36 pounds of marijuana. This is allegedly a one-year supply for each patient.I have never heard of patients receiving a one-year supply of any drug without re-examination by a physician. A patient is a person who has received a prescription for marijuana from a physician.The guidelines do not preclude a teen-ager from receiving a prescription for marijuana to relieve pain from symptoms ranging from headaches to menstrual cramps. After providing a prescription to a "caregiver," the teen is sold marijuana without a parent's knowledge.The proposal to hand out City of San Diego Voluntary Medicinal Cannabis Certification Program cards is an unwise course of action. With unrestricted controls on "caregivers" and patients, this program becomes nothing more than a state/city legalized drug distribution program. It is questionable the voters had this in mind when voting for Proposition 215.I urge the San Diego City Council to carefully review the law enforcement guidelines regarding possession of medicinal cannabis and determine if the lack of controls will open the floodgates of marijuana users to relocate to San Diego.As appropriately stated by a local prevention professional, "San Diego will no longer be known as "America's Finest City," but rather, "America's Highest City."Hook is a 19-year veteran of the DEA and currently serves as the acting special agent in charge of the Drug Enforcement Administration in San Diego. Source: San Diego Union Tribune (CA)Author: Jack W. Hook Published: October 2, 2002 Copyright: 2002 Union-Tribune Publishing Co.Contact: letters uniontrib.comWebsite: http://www.uniontrib.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmSupervisors Vote To Oppose Medical Marijuana Use http://cannabisnews.com/news/thread14324.shtmlCounty Goes Against City's Pot Planshttp://cannabisnews.com/news/thread14325.shtml
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Comment #14 posted by DdC on October 02, 2002 at 19:41:18 PT
Givitawaygivitawaygivitawaygivitawaygivitawaygivit
After all it is YOUR Liberty San Diego!
http://www.cannabinoid.com/wwwboard/politics/binaries/29/29436.gif
Rebels
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Comment #13 posted by mayan on October 02, 2002 at 18:25:27 PT
Out of Control...
The Federal Government is out of control! We must stop them before the whole world is dragged into war!!!It's all relative -Mike Ruppert speaking in SAN FRANCISCO on Oct. 4th and in SEBASTOPOL on Oct. 6th!!!
http://www.fromthewilderness.com/events.htmlCongressman, families demand WTC collapse data: 
http://www.nydailynews.com/front/breaking_news/story/22997p-21798c.html11 September analysis 'sealed':
http://news.bbc.co.uk/2/hi/americas/2288689.stmRemember John O'Neill-How George W. Bush Betrayed America: 
http://www.rememberjohn.com/VETERANS GROUP CALLS FOR RUMSFELD RESIGNATION! 
http://www.gulfwarvets.com/news12.htmU.S. SUPPLIES, CALIBRATES AND ENDORSES USE OF CHEMICAL WEAPONS IN IRAQ: 
http://www.gulfwarvets.com/news11.htmBlack Day For Blair As Party Revolts - Defeat On Public Finance:Retreat On Iraq -
http://www.timesonline.co.uk/article/0,,2-432169,00.htmlBritish Unions Revolt Over Iraq War: 
http://www.mirror.co.uk/news/allnews/page.cfm?objectid=12243955&method=full&siteid=50143Greetings from Boston, Mr. Bush:
http://www.scoop.co.nz/archive/scoop/stories/fe/29/200210021103.d958fb79.htmlGold, Dollars, and Federal Reserve Mischief - By Congressman Ron Paul:
http://www.bankindex.com/read.asp?ID=1265
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Comment #12 posted by JR Bob Dobbs on October 02, 2002 at 17:38:00 PT
LTE re Captain Hook
Sirs,  If Jack W. Hook is really concerned about making communities safer, he would resign.  Elliot Ness didn't stop the rum runners. We needed the 21st Amendment to do that. Prohibition doesn't stop people from using anything; however, it does create a lucrative black market for a product of unstable quality. We couldn't stop people from drinking during the 1920s, and we can't stop people - even federal prisoners - from getting high today.  Stop wasting our tax dollars, Mr. Hook. We got rid of the speakeasy with a stroke of a pen, and we can easily do the same for the crack house.
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Comment #11 posted by Sam Adams on October 02, 2002 at 16:44:28 PT
Give him the Hook!
The whole justification of "we're obligated to enforce the law of the land" is total BS. There are THOUSANDS of state and federal laws that are totally ignored - many states continue to have laws on the books prohibiting oral sex and premarital intercourse. I love the part about a teenager getting a headache or PMS and using cannabis. What totally warped, Puritanical society we live in. We fixate on teenagers - because we're too weak to confront our own shortcomings and failures as human beings.  Teenagers are full-grown, mature humans, but they're at their most inexperienced and vulnerable point, so they're an easy target for the holy-than-thou moralists. The result is people that study all day in standardized, government-controlled, conformist schools, then toil at minimum-wage menial jobs on nights and weekends. When they're not at school or work, they are relentlessly pursued by armed government thugs (the police) any time they try to assemble or form large groups. They attend schools that have security guards and gates on the outside, and secret police (undercovers) and drug-sniffing dogs on the inside.And now, we're even starting to take away the right to medical treatment! We force the poor teenage girls, just coming to grips with the reality of being a woman and having terrible PMS problems, to take acetaminophen (Tylenol) and NSAIDS (ibuprofen, motrin, etc.) Acetaminophen is highly toxic to the liver and THOUSANDS die each year in the US, specifically from taking it. NSAIDS are highly toxic to the liver, kidneys, and GI tract. 17,000 die each year in the US due to GI bleeds from NSAID drugs alone, many thousands more die from the liver and kidney damage.Cannabis, of course, has been used for 5,000 years for PMS, childbirth, and menopause; in fact, it was used right up until the 1920's in the US. It was the 2nd most prescribed drug in the 1800's.But apparently, medicine is now controlled by the fascist corporate/government elite class. We no longer have the right to choose and use our own medication. We must go through the representatives of the rich elite, the doctors and Big Pharm reps. (There was a big news story today on how kickbacks and bribery are RAMPANT among drug companies and doctors today). Voting is useless, YOU WILL SUBMIT TO THEIR CONTROL!
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Comment #10 posted by canaman on October 02, 2002 at 16:02:32 PT
Doonesbury ads his 2cents
If I didn't I'd cry :-|http://www.doonesbury.com/strip/dailydose/index.cfm
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Comment #9 posted by i420 on October 02, 2002 at 13:44:57 PT
Just a lil question for the masses...
Marijuana was put on earth by GOD, the DEA and the CONTROLLED SUBSTANCES ACT was created by the UNITED STATES GOVERNMENT ... WHO DO YOU TRUST AND BELIEVE ???????
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Comment #8 posted by malleus on October 02, 2002 at 12:44:33 PT
My LTE: probably too long, but here goes
There’s an old saying: “Justice is what we deserve;
mercy is in not getting it.”So, Mr. Hook says the DEA is ‘compassionate’. Does Mr.
Hook deny that sick and dying people were threatened
by machinegun-wielding DEA agents? Does he deny that
one of the WAMM staff, a paraplegic, was handcuffed
and left even more helpless than she already was? Does
he?Is this one of the hallmarks of ‘compassionate
conservatism’ we’ve been told we can expect from our
civil servants?Mr. Hook can make all the cute little statements about
‘compassion’ he wants, but as the Good Book points
out, if the tree is poisoned, the fruit shall be, too.
No amount of window dressing can disguise the rot
permeating the DEA’s poisoned ‘tree’ with its’ vile
and unconscionable acts in attacking the least
threatening members of our society.As someone who cared for a 79 year old woman who died
of terminal cancer, and sat with her every day, doing
my utmost to bring some semblance of quality of life
in her remaining time, I say leave the sick and dying
alone. They have enough troubles. Little old ladies in
wheelchairs simply aren't as much a threat to our
children as some turbaned fanatic with a test tube
full of anthrax is. Go look for ol’ Osama and his
kindred spirits. There’s a legitimate threat to
concern yourselves with. Finally, those that think themselves as just and
righteous in their predations upon the ill may someday
stand in a court docket for crimes against their own
people. If they believe that their acting in
government service is any defense, then I have one
word for them: Nuremburg.They may someday learn that they will require mercy
for their actions from surviving loved ones of those
that they have so grievously harmed. In that moment of
revelation, they’ll learn the truth of that old saying
the hard way. Given what they’ve done to helpless
people, I would not be too expectant of exoneration.
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Comment #7 posted by st1r_dude on October 02, 2002 at 12:29:16 PT
bunk - what a wagon load of excrement.
jack is looking forward to his upcoming successful retirement - this whole piece is nothing but fearmonging in order to preserve the propagation of his employment interests...and of course a HE-ro status in the eyes of all patriotic citizens... "Hook is a 19-year veteran of the DEA and currently serves as the acting special agent in charge of the Drug Enforcement Administration in San Diego."
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Comment #6 posted by DdC on October 02, 2002 at 10:59:48 PT
Marinol and Cannabis 
Marinol and Cannabis by Tod H. Mikuriya, M.D.* Marinol (dronabinol) delta -9 tetrahydrocannabinol dissolved in sesame oil. Supplied in fixed doses of 2.5, 5, and 10 milligram soft gelatin capsules. Taken orally. Cannabis extract: 9 known delta -9 Tetrahydrocannabinols 2 known delta -8 Tetrahydrocannabinols 50 other cannabinoids that may interact with or modify reactions with the Tetrahydrocannabinols, the primary active principles. Source: Marijuana and Health Institute of Medicine, National Academy Press, Washington, DC, 1982, P13-15 Cannabis may be ingested orally or inhaled. Inhalation may be smoked or vaporized. Anecdotal reports of users of both Marinol and cannabis describe enhancement or constructive supplementation. Others who have tried both have described cannabis as superior to Marinol. Users of cannabis usually inhale. Oral vs Inhalation: Oral ingestion of either cannabis or Marinol is characterized by: delayed onset of effects, variable level of effects, and prolonged effects. Inhalation provides quick onset of effects, consistent level of effects, and shorter lasting effects. The inhalation route is significantly more consistently effective. Inhalation: Vaporization vs Smoke Significant irritants and toxic products are produced by combustion which can be minimized by vaporizing Tetrahydrocannabinols and other cannabinoids. Tetrahydrocannabinols vaporize at 400 Fahrenheit. Two crude prototypes have been successfully demonstrated: a modified
manually operated auto cigarette lighter element, and a heat gun for electronic shrink tubing set at 400 F. Unfortunately, vaporizers are currently defined by law as illegal paraphernalia. Clinical Research Needed Only clinical research comparing Marinol to other Tetrahydrocannabinols and cannabinoids for therapeutic efficacy can clarify this controversy.Tentative and preliminary clinical findings indicate a significant difference between Marinol and natural crude cannabis preparations in favor of the crude product. Route of administration and fixed incremental dosage may be factors in comparative efficacy and unwanted effects. *Medical Co-ordinator Americans for Compassionate Use March 24, 1994 Articles by Tod Mikuriya, MD 
http://www.druglibrary.org/schaffer/hemp/marinol.htmVaporizers
http://www.vaporbrothers.com/
Schaffer Library
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Comment #5 posted by Morgan on October 02, 2002 at 10:48:12 PT
Pant load
Wow. I had to roll my pants all the way up to my knees to wade through this crap.
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Comment #4 posted by gloovins on October 02, 2002 at 10:46:16 PT
the key here is the last line....
(the author) Hook is a 19-year veteran of the DEA and currently serves as the acting special agent in charge of the Drug Enforcement Administration in San Diego.give me a P
give me a R
give me a O
give me a P
give me a A
give me a G
give me a A
give me a N
give me a D
give me a A ....Whats it spell? PROPAGANDA!Now give me back my tax dollars Mr DEA Agent & go fight REAL crime, oh & yes, if you don't like the laws, CHANGE them!!! (thats what we did w/ prop 215 in 1996) Respect it....
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Comment #3 posted by Toker00 on October 02, 2002 at 10:45:58 PT
Total Contradiction.
"Many years ago, tetrahydracannabinol, or THC, the psychoactive ingredient in marijuana, was proven to have some medical value. That is why the Food and Drug Administration approved the drug under the trade name Marinol." "In 2001 the DEA's research as well as the FDA advised that marijuana continued to meet the criteria for placement in schedule I – that it is a drug with high potential of abuse, and no proven medical value."Who is confused, us, or them? And they are sending messages to OUR children?Peace. Realize, then Legalize.
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Comment #2 posted by druid on October 02, 2002 at 10:22:31 PT:
Jack W Hook
this guy is really trying to kiss up to Asa and John P. isnt he ... "In fact, the men and women of the DEA are very compassionate people who dedicate their lives to identifying drug dealers and seizing drugs to make our communities a safer place to live. Furthermore, the DEA does not target drug users for investigation." whatever
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Comment #1 posted by Dark Star on October 02, 2002 at 10:19:51 PT
Reefer Madness Lives
Nice propaganda piece. The Nazis also claimed to be moral.
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