cannabisnews.com: CMA Asks Government - Where is the Evidence?





CMA Asks Government - Where is the Evidence?
Posted by CN Staff on July 09, 2003 at 15:22:21 PT
Press Release
Source: Canada NewsWire 
Ottawa -- The Canadian Medical Association (CMA) calls upon the federal government to put the health and safety of patients first. Its interim policy on the provision of marijuana for medical purposes does nothing to address patient safety issues. "The CMA has consistently raised concerns about the lack of evidence- based decisions to support the Medical Marijuana Access Regulations," said Dr. Dana Hanson, President of the CMA. "Our unease over use of medical marijuana has been ignored in this new policy.
Physicians should not be the gatekeeper for a substance for which we do not have adequate scientific proof of safety or efficacy." The CMA has developed a 10-point plan to ensure that the inherent trust that physicians will act in the best interests of their patients - so important to the patient /physician relationship - is respected. The CMA's plan provides a solid basis for new evidence-based medical marijuana regulations. Today's announcement fails to meet the criteria. Since the government has not made the case for the safety of the medical use of marijuana, the CMA strongly recommends that the physicians of Canada not participate in dispensing marijuana under existing regulations, and warns that those who do, do so at their professional and legal peril. "The CMA appreciates the Federal Minister of Health's efforts on this file and recognizes the legal imperatives that the government is facing," added Dr. Hanson. "However government needs to get it right. We continue to be willing to work with them."The CMA's 10-point plan follows as a Backgrounder.BACKGROUNDER: CMA's 10 Criteria for the Medical Use of MarijuanaFundamental concerns make the current Medical Marijuana Access Regulations unfeasible. It is only through the resolution of these concerns that physicians may feel comfortable with this experimental therapeutic option and patients will have consistent access to a possibly safe product for compassionate reasons. These concerns can best be addressed through an implementation process that, for example, might incorporate features such as the following:* Early ongoing and meaningful consultations with physicians by government.* Registered Physicians - physicians would "opt in" and apply (to Health Canada) to gain authorization to participate in the process. In doing so, a registry would be created for providers to whom patients could be referred.* Function as a Clinical Trial - Authorized physicians would provide access to marijuana in a fashion similar to a clinical trial, supported by treatment protocols and incorporating ongoing monitoring and surveillance of patients.* Provider Education - Registered providers would be provided with specific education prior to commencing registration and on an ongoing basis as more information is gathered by research and the program regarding the use of marijuana.* Liability Protection - Registered providers would be provided liability protection by Health Canada.* Known Access Points - Treatment centers or acceptable alternatives would be established and known to patients and providers.* Central Supply - Marijuana would be supplied from a centrally regulated and controlled source.* Post Market Surveillance - Marijuana's impact would be monitored on an ongoing basis.* Privacy - The registry would be secure and maintained in keeping with privacy principles.* Revocation - The Minister may revoke a physician's authority to prescribe marijuana if he/she breaches pre-specified conditions of authorization. Further, the Minister can report physicians to regulatory bodies under explicit predetermined conditions.For further information: Carole Lavigne, Manager, Media Relations (613) 731-8610 or 1-800-663-7336 ext.1266Complete Title: CMA Asks Government - Where is the Evidence to Support Your Interim Policy on the Provision of Marijuana for Medical Purposes?Source: Canada NewsWire (Canada)Published: July 09, 2003Copyright: 2003 Canada NewsWire Ltd.Contact: cnw newswire.caWebsite: http://www.newswire.ca/Related Articles & Web Site:Marijuana Medical Access Regulationshttp://www.medicalmarihuana.ca/mmar.htmlGovernment of Canada Adopts Interim Policy http://cannabisnews.com/news/thread16792.shtmlOttawa's Pot Grower Will Supply Patientshttp://cannabisnews.com/news/thread16789.shtml
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Comment #11 posted by afterburner on July 09, 2003 at 20:24:22 PT:
Update on Marc Emery
I sent my fax to Free Marc Emery, and contacted CBC that they missed today's most important story (Marc's arrest in Winnipeg)."Marc Emery arrested in Winnipeg. 
Cannabis Culture publisher Marc Emery was arrested today, July 9, in Winnipeg, Manitoba, at about 4:20pm, during the first stop of what was planned to be a 16 city cross-country freedom tour. F U L L S T O R Y 
http://www.cannabisculture.com/articles/3021.html "for Marc: Iron Lion Zion by Bob Marley http://www.bobmarley.com/songs/songs.cgi?iron
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Comment #10 posted by mayan on July 09, 2003 at 18:21:24 PT
afterburner...
Thanks for the info on Emery & also the poll! I can't believe they arrested Emery! Emery will fight this tooth & nail & will only draw more attention to the absurdity of the cannabis laws. I think the Winnipeg Police screwed up big-time! I am afraid for Emery's life though. The U.S. government would love it if he would just "disappear".Here are the current poll numbers...Should Ottawa sell marijuana for medical purposes for those who need it?
  
Yes - 83%No - 17% The way out is the way in...9/11 probers complain of delays - White House slow in providing access to key documents, federal commission says:
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003/07/09/MN280556.DTLExpert: U.S. Knew al-Qaida Might Attack 
http://story.news.yahoo.com/news?tmpl=story&cid=514&e=2&u=/ap/20030709/ap_on_go_co/sept_11_commission_26McCain: Bush 'Stonewalling' 9/11 Commission:
http://www.newsmax.com/showinsidecover.shtml?a=2003/7/8/100242Saudi Group Threatens to Implicate Western Banks in 9/11 Lawsuit:
http://www.tehrantimes.com/Description.asp?Da=7/7/03&Cat=2&Num=022BEYOND BUSH - Part I - by Michael C. Ruppert:
http://www.fromthewilderness.com/free/ww3/070103_beyond_bush_1.html 9/11 Film Draws Overflow Crowd:
http://onlinejournal.com/Media/050703Lynn/050703lynn.html 
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Comment #9 posted by FoM on July 09, 2003 at 18:07:34 PT
Thanks afterburner
I read your comment and did a quick search but no news articles so far but I will keep looking until I find one. 
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Comment #8 posted by afterburner on July 09, 2003 at 17:48:29 PT:
Marc Takes Another 'Hit' for Freedom.
"Marc Emery Arrested in Winnipeg http://www.pot-tv.net/archive/shows/pottvshowse-2051.html 
Miscellaneous with Pot-TV 
Running Time: 3 min 
Date Entered: 09 Jul 2003 
Viewer Rating: 0.00 (0 votes) 
 
Number of Views: 6 
http://www.pot-tv.net/ram/pottvshowse2051.ram Marc Emery was arrested today in Winnipeg in an effort to educate the Winnipeg Police that there is currently no law in Canada against marijuana. Unwilling to face the reality, the Winnipeg Police arrested Marc Emery for possession of the bowl of marijuana he was smoking, and as they claimed no magistrate was available, they will hold him in the Winnipeg Remand Center overnight, and Marc will then represent himself in the morning session. We encourage all Marijuana activists and Marc Emery Supporters to phone the Winnipeg Police and demand they set Marc Emery Free. Phone the Winnipeg Police at (204)986-6037, fax (204)944-8468 ." 
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Comment #7 posted by afterburner on July 09, 2003 at 17:34:53 PT:
Poll - Please Vote
Winnipeg - CKY5
http://www.cky.com/Poll: 
 
 Should Ottawa sell marijuana for medical purposes for those who need it?
  
Current Results Yes - 76% No - 24% 
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Comment #6 posted by afterburner on July 09, 2003 at 17:28:21 PT:
CMA: Foot-Dragging Dinosaurs
Hospitals have no compunction about having patients sign a medical malpractice waiver. Why not let the medical cannabis patients decide whether they choose safety or death, safety or disabling pain, safety or reduced quality of life?"Robins J.A. summarized the common law in Malette v. Shulman (1990), 67 D.L.R. (4th) 321 (Ont. C.A.) at 328: 
The right of self-determination which underlies the 
doctrine of informed consent also obviously 
encompasses the right to refuse medical treatment. 
A competent adult is generally entitled to reject a 
specific treatment or all treatment, or to select an
alternate form of treatment, even if the decision may 
entail risks as serious as death and may appear 
mistaken in the eyes of the medical profession or of 
the community. Regardless of the doctor's opinion, it 
is the patient who has the final say on whether to 
undergo the treatment. The patient is free to decide,
for instance, not to be operated on or not to undergo 
therapy or, by the same token, not to have a blood 
transfusion. If a doctor were to proceed in the face 
of a decision to reject the treatment, he would be 
civilly liable for his unauthorized conduct 
notwithstanding his justifiable belief that what he did
was necessary to preserve the patient's life or health. 
The doctrine of informed consent is plainly intended to ensure the freedom of individuals to make choices 
concerning their medical care. For this freedom to be 
meaningful, people must have the right to make choices 
that accord with their own values regardless of how 
unwise or foolish those choices may appear to others 
… [Emphasis added.][136]   Some common-law support for access to drugs with a therapeutic value, notwithstanding a legal prohibition, can also be found in the defence of necessity. In Perka v. The Queen, [1984] 2 S.C.R. 232 at 250, Dickson J. described the moral and legal basis for the defence:
	At the heart of this defence is the perceived 
	injustice of punishing violations of the law in 
	circumstances in which the person had no other 
	viable or reasonable choice available; the act 
	was wrong but it is excused because it was 
	realistically unavoidable.[137]   Using a criminal prohibition to bar access to a drug for a person, such as Parker, who requires it to treat a condition that threatens his life and health, is antithetical to our notions of justice. It is inconsistent with the principle of sanctity of life which, according to Sopinka J. in Rodriguez at p. 605, as a general principle 'is subject to limited and narrow exceptions in situations in which notions of personal autonomy and dignity must prevail'.[138]   Permitting access to medicine that may relieve
debilitating symptoms of illness is consistent with the common understanding about the purpose of proper medical care. In Airedale N.H.S. Trust v. Bland, [1993] A.C. 789 at 857, Lord Keith of Kinkel stated that the object of medical treatment and care is to benefit the patient. Where illness can neither be prevented nor cured, 'efforts are directed towards preventing deterioration or relieving pain and suffering'.[139]   To summarize, the common-law treatment of informed consent, the sanctity of life and commonly held societal beliefs about medical treatment suggest that a broad criminal prohibition that prevents access to necessary medicine is not consistent with fundamental justice.
--R. v. Parker (July 31, 2000)http://www.ontariocourts.on.ca/decisions/2000/july/parker.htm "ego transcendence follows ego destruction, common law supports medical self-determination where threats to life and health require it.
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Comment #5 posted by 312 on July 09, 2003 at 17:21:57 PT
Margo MacDonald:Let's experiment with cannabis law
LORD PROSSER says so, 94 per cent of the people taking part in a Grampian TV poll said so, everyone who took part in a Scottish Parliament consultation exercise in sentencing and alternatives to prison said so, and I do too. The laws on cannabis use are dopey. In the four years since I first placed my motion in parliament for an investigation into cannabis use in Scotland, which ran into the brick wall of internal SNP jealousies and political cowardice, events have overtaken what would have been a good way to find out some of the things we need to know about cannabis before changing the law on its use and supply. Four years ago, the argument against liberalising the law always started with the statement that cannabis was a "gateway" drug to harder drugs such as heroin. Only people who are completely out of touch with the drug scene will argue that case now. Firstly, underage drinking and smoking are now recognised as the gateway to drugs. Secondly, if cannabis is a gateway, why do so few cannabis users progress to regular use of harder, addictive drugs? Four years ago, I argued in favour of allowing it to be used for pain relief by people like Biz Ivol, of Orkney, who’s just been cheated of her day in court because she was too ill to be tried for possessing and supplying cannabis in chocolate form to fellow MS sufferers. Some MSPs opposed me for moral reasons, others because they argued ongoing research would produce a means by which the active, pain-relieving components of cannabis, cannabinoids, could be given in tablet or another form which would allow joints, or choccies or cookies to be kept as illegal substances. I won’t even try to argue against the moral objectors, provided they’re consistent in their objections to judicious use of the poppy as pain relief following surgical operations, but I’m sickened by the holier than thou brigade who told the likes of Biz Ivol to chuck the weed and be a brave soldier until medical scientists, and the politicians, had made up their minds. Even after the strain of having her trial wear down the fierce spirit of Biz Ivol, some politicians are still displaying the same stupidity and inhumanity in suggesting that she, and the people she supplied with pain-relieving chocs, should wait for another couple of years and, maybe, medical science will come up with a pill, or a suppository. Fortunately, public opinion is more understanding, and wise in the ways of the world. Of the 94 per cent who told Grampian TV’s pollsters that cannabis should be legal for pain relief, you can bet your boots most of them took the philosophical view that people with terminal or crippling conditions have enough to suffer with without being denied the bit of pleasure they might get from a smoke or a sweet. We know heavy cannabis smoking can cause the same sort of cancers as smoking tobacco, but the vast majority of cannabis users don’t smoke as heavily as tobacco smokers. A small percentage of heavy cannabis users over a prolonged period can become delusional and neurotic, like some alcohol abusers. But the weed’s less addictive and nobody’s ever been locked up for being fighting stoned, or being violently abusive to hospital workers in the casualty department. Lord Prosser is right. Cannabis use is a fact of life and the law needs to be changed to reflect this. Unfortunately, only having devolved powers (for the moment, anyway) the Scottish Parliament has to wait until Westminster gets its act together on drugs, but there are some things we can do right now. Without control over drug use policy in Scotland, we can’t re-classify cannabis to make it available for sale under the controlled conditions that apply to alcohol or tobacco as Lord Prosser has said would be the most sensible route for reform. But we do control our own justice system, so on a nod and a wink from the Scottish Parliament, procurators fiscal could use their discretion and decide, as should have been the case for Biz Ivol, prosecution of cannabis users is not in the public interest. Also, there’s nothing to stop authorities in Scotland from running controlled experiments and investigation into cannabis use. Any findings could be made available to the Westminster committees who’ll decide on the recommendations for reform of drug laws to the House of Commons. For example, why not find out as much as possible about who uses, when, why and how often after Kevin Williamson announces plans for the launch of his cannabis cafe next month? Chances are Lothian and Borders’ finest will assure good citizens of the Capital they can rest easy, after their bedtime brandy or whisky and soda, because any other citizens visiting the café and lighting a roll-up, surreptitiously supping cornflakes or biting a biscuit with a wee smile, will be lifted. But why not use the café as a controlled experiment against which to measure and judge the prevalence of cannabis, its pitfalls, and users’ behaviour? Find out if the separating of users from the suppliers of hard drugs is helped or hindered by their having a safe place to go. And although Kevin Williamson doesn’t plan to sell cannabis, we could still probably judge if selling cannabis through a specially licensed café is the best way to keep users out of contact with the criminality associated with drug dealing. As the present policies on drugs are seen to be useless, it’s worth a try.
Let's experiment with cannabis law
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Comment #4 posted by FoM on July 09, 2003 at 17:01:55 PT
JR Not Yet!
I just did a news search and even went to the Winnepeg Sun but no news so far.
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Comment #3 posted by JR Bob Dobbs on July 09, 2003 at 16:58:12 PT
Marc Emery news?
Is there any news from Winnipeg yet? I've been querying Google's news search engine all afternoon with nothing new showing up. Toronto was peaceful, because it is legal in Toronto. Winnipeg could show us its enlightened side, but after the article in the Winnipeg paper with the quote from the local law... I'm very curious to know the outcome.
Search Google news for "Marc Emery"
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Comment #2 posted by FoM on July 09, 2003 at 16:03:37 PT
Virgil
Thank you! I have been jumping around to different american channels and haven't seen anything. I'm glad to know ABC at least did something. It is enough to make us cry. 
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Comment #1 posted by Virgil on July 09, 2003 at 15:58:23 PT
ABC News does 20 seconds on Canada MMJ
It was short, but Peter Jennings read a statement that said Canada was providing MMJ. It sure was no in depth report, but it is more than they said all last month I would think.Cannabis Prohibition is enough to make knowing people cry.
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