cannabisnews.com: Va. Medical Marijuana Law Seen as Symbolic 





Va. Medical Marijuana Law Seen as Symbolic 
Posted by CN Staff on October 30, 2002 at 22:53:50 PT
By Tammie Smith, Times-Dispatch Staff Writer 
Source: Times-Dispatch
Virginia has had a law on the books since 1979 that allows doctors to prescribe marijuana for cancer and glaucoma patients, but few, if any, doctors do.The law is viewed as largely symbolic because it conflicts with federal policy, which prohibits doctors from prescribing marijuana, and there are no means for patients to legally get the herb.
Under federal drug policy, "It's a Schedule I drug," said Dr. Billy R. Martin, a professor of pharmacology and toxicology at Virginia Commonwealth University. "The definition is that it has no medical utility. Therefore, it cannot be used in the medical profession."A federal appeals court in California on Tuesday ruled that the federal government cannot go after doctors for "recommending" that patients try marijuana. That state's laws also allow patients to grow their own herb with a doctor's recommendation, and some jurisdictions within the state recognize marijuana-buyers' clubs.Virginia law addressing medical marijuana use was enacted in an era when supporters expected the federal restrictions to be relaxed."The '70s promise was never fulfilled," said Lennice Werth, who is with the group Virginians Against Drug Violence, which supports availability of marijuana for medical use. The Virginia law, she said, "can't be used because it requires a prescription. Under a federal law, a doctor cannot write a prescription for it."Attorney Rodney K. Adams, author of "Virginia Medical Law," said the law puts "a doctor in conflict between two statutes. Also, the Virginia Board of Medicine looks at any violation of the statute. Do they look at federal law or state law when they interpret that?"Martin said the Virginia law also is little used because there is no mechanism for dispensing marijuana. "In California, that is why they established cannabis-buyers' clubs. And the political climate is different there than here," he said.Doctors noted the dilemma."There is no way I can write a prescription for marijuana. To my knowledge, it's not stocked anywhere," said Dr. Christopher Desch, a cancer specialist at Hematology and Oncology Associates of Virginia. "Places like California and Oregon have pushed things a little bit."Although there are anecdotal reports from cancer patients that marijuana helps reduce nausea from treatments, increase appetite and mute pain, the verdict is still out on whether the herb is better than prescription drugs that propose to do the same."I have had patients who have told me they are using marijuana." Desch said. "In most situations, I tell them it's all right to do that if it helps them. . . . I have never prescribed it."Martin is doing a study comparing smoked marijuana to synthetic compounds.Werth in 1997 worked on a letter-writing campaign against repealing Virginia's law. Having the law on the books, she said, might have some bearing on legal cases involving patients accused of violating drug laws."Sometimes a prosecutor will see that [law] when they have somebody who is a paraplegic or who has multiple sclerosis," she said. "The prosecutor can decide, 'I am just not going to prosecute this case.'"Source: Richmond Times-Dispatch (VA)Author: Tammie Smith, Times-Dispatch Staff Writer Published: October 31, 2002Copyright: 2002 Richmond Newspapers Inc.Contact: letters timesdispatch.comWebsite: http://www.timesdispatch.com/Related Articles & Web Sites:Virginians Against Drug Violencehttp://www.drugsense.org/dpfva/Conant vs. Walters in PDF http://freedomtoexhale.com/conant.pdfA Win for Medical Marijuanahttp://cannabisnews.com/news/thread14612.shtmlMedical Marijuana Wins a Court Victory http://cannabisnews.com/news/thread14594.shtml
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Comment #2 posted by FoM on October 31, 2002 at 08:13:15 PT
Thanks Dan
You're right drugs aren't mentioned. I haven't found any news to post. Yesterday was a crazy day for news and today it is slow. Never can predict how it's going to go but I'll keep looking.
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Comment #1 posted by Dan B on October 31, 2002 at 03:26:51 PT:
A Side Note, but Related
This is a side note, but still related to cannabis. I was looking today at the top ten list of health hazards, and tobacco and alcohol are ranked 4th and 5th on the list. Guess where illegal drug use is ranked? It isn't. Didn't even make the list. And among illegal "drugs," cannabis would be way down on the list with regard to health hazards.Interestingly, being underweight is the number one health hazard. I would guess that the number one cause of being underweight is starvation, so that makes sense. High blood pressure is number two. I'd better keep exercising.Here's a link to an article with the list:http://www.msnbc.com/news/828320.aspDan B
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