cannabisnews.com: Revenge Of The Narcs -- The Never-Ending Saga





Revenge Of The Narcs -- The Never-Ending Saga
Posted by CN Staff on July 16, 2003 at 13:09:36 PT
By Fred Gardner
Source: Anderson Valley Advertiser 
7/11/ was not a lucky day for California cannabis consumers. The morning papers described a Bush Administration challenge to the ruling (in Conant v. McCaffrey) that confirmed the right of doctors to discuss marijuana with their patients. San Francisco AIDS specialist Marcus Conant, MD, and co-plaintiffs had sought such confirmation in January, 1997, after the Drug Czar, on behalf of the Clinton Administration, threatened to revoke the prescription-writing licenses of any California doctors who approved cannabis use. 
Federal Judge Fern Smith (a Reagan appointee!) temporarily enjoined the feds ( on First Amendment grounds! ) from carrying out or repeating this threat. Then Judge William Alsup made the injunction permanent and the 9th Circuit Court of Appeals upheld his ruling. Now Bush's lawyers are asking the U.S. Supreme Court to overturn it. Also on July 11, Tod Mikuriya appeared in an Oakland courtroom trying to fend off an attempt by the state Medical Board to suspend or revoke his license. Mikuriya is accused of violating the Board's "standard of care" in 17 cases ( although the Board has yet to issue practice standards pertaining to the recommendation and approval of cannabis use ). Mikuriya, 70, has devoted a long, successful career to the study - -clinical and scholarly-of cannabis. In 1967 he was the first director of marijuana research for the National Institute of Mental Health. In 1969 he published a case study of a problem drinker who successfully substituted cannabis for alcohol. He has resided and practiced in Berkeley, and consulted at local hospitals, since 1970. In 1972 Mikuriya published a collection of papers on cannabis from the pre-prohibition medical literature, keeping alive the flickering flame of knowledge. When Dennis Peron launched the San Francisco Cannabis Buyers Club in the early 1990s, he told Mikuriya "There are people with diseases I never heard of." Mikuriya signed on as medical consultant and began interviewing club members. He determined that cannabis was being used to treat a wide range of conditions, including post-traumatic arthritis, rheumatoid and osteoarthritis, fibromyalgia, seizure disorders, degenerative diseases of the central and peripheral nervous systems, cerebral palsy, multiple sclerosis, post-viral encephalopathy and neuropathies, post-injury pain, glaucoma, Meniere's disease, migraine, gastritis, ulcers, Crohn's disease, colitis ( spastic and ulcerative ), cystitis, thyroiditis, scleroderma, lupus, premenstrual syndrome, intractable itching, motion sickness, sinusitis, allergic rhinitis... "Cannabis appears to be a unique immunomodulator analgesic that is useful in the control of automimmune inflammatory diseases throughout the body," Mikuriya generalized in a 1995 interview. Mikuriya played an advisory role to Peron and the co-authors of Prop 215. He was one of the few MDs to endorse Prop 215 in '96 ( when the California Medical Association was still opposed ) and his quotes added credibility to the campaign literature. The Drug Warriors came to see Mikuriya -correctly- as an indispensable figure in the medical marijuana movement. Almost immediately after 215 passed, Attorney General Dan Lungren, who had led the opposition campaign, told an "emergency all-zones meeting" of California police chiefs, sheriffs, and district attorneys to ignore doctors' letters of approval and to keep arresting and prosecuting citizens for marijuana possession and cultivation. Lungren's objective was to force doctors to testify in open court in support of every cannabis approval ( wasting their time, costing them money, exposing them to reprisals from the feds and the state medical board ). Lungren's top assistant, John Gordnier, subsequently sent out a memo to the DAs asking to be notified of any cases in which Mikuriya testified for the defense. Lungren flew to Washington in mid-December 1996 to help the feds plan their opposition to California's new law. ( A treacherous thing for California's top law enforcer to do. ) Lungren met with DEA Administrator Thomas Constantine and top aides to the Drug Czar and the Attorney General. On Dec. 30, 1996, Gen. McCaffrey -flanked by Reno, HEW Secretary Donna Shalala, and Alan Leshner of the National Institute on Drug Abuse-held the nationally televised press conference at which they threatened California doctors. McCaffrey pointed to a large chart headed "Dr. Mikuriya's ( Prop 215 Medical Advisor ) List of Medical Conditions" that included a misspelling ( "migrane" ) and a crude falsification ( "recovered memories" ). McCaffrey ridiculed the range of conditions for which Mikuriya recommended cannabis. "This isn't medicine," he declared, "this is a Cheech and Chong show." He bluntly threatened: "a practitioner's action of recommending [marijuana]... will lead to administrative action by the DEA to revoke the practitioner's registration." And it might, yet, despite Judges Smith, Alsup and the 9th Circuit and the former First Amendment.  The Case Against Mikuriya The Medical Board of California's case against Mikuriya involves no complaints from patients or caregivers. All the complaints that MBC Investigators pursued came from district attorneys, police, and sheriffs ( many of whom had failed to put certain citizens in jail because the citizens had Mikuriya's approval to use and/or cultivate cannabis ). According to attorney Bill Simpich, "The Conant ruling, which is still law, and applies to the states, prevents any entity from initiating any investigation solely on the ground that a doctor recommends marijuana to a patient based on a sincere medical judgment. The Medical Board didn't care about Dr. Mikuriya's judgment, they used the knowledge of his recommendations - obtained from the cops and DAs - to start the investigation of 46 patients whose records they subpoenaed." Mikuriya has approved cannabis use by some 7,300 patients since Prop 215 passed.. He says that "99.9 percent" of his patients had been self-medicating successfully with cannabis prior to consulting him. They were treating chronic pain ( 27% ), spasticity ( 26% ), and mental disorders ( 26% ), and using cannabis as a substitute for alcohol and to induce appetite. "It is remarkable how there have been no reports of adverse interactions with any other medications," says Mikuriya. " There is no comparing the safety of cannabis to any other medication available." The MBC accusation against Mikuriya rests on two definitions in the state's Business & Professions Code. "Unprofessional conduct" is defined as "Prescribing, dispensing, or furnishing dangerous drugs... without a good faith prior examination and medical indication..." And "dangerous drug" is defined as "any drug unsafe for self-use, except veterinary drugs that are labeled as such, and includes... any drug that bears the legend: 'Caution: federal law prohibits dispensing without prescription,' 'Rx only,' or words of similar import." Mikuriya's lawyers contend that the Medical Board is making an illegal leap in applying statutes that pertain specifically to prescribing dangerous drugs to Mikuriya's approval of cannabis. They say it's the Board's fault -not Mikuriya's-that requirements for physicians' approving cannabis use have not been specified in the almost seven years since California voters passed the medical marijuana law. Mikuriya's lawyers also cite the "absolute immunity" provided by Prop 215: "Not withstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes." According to Mikuriya, who was nearby at the creation, "The authors of Prop 215 put in this immunity clause precisely because they anticipated what has happened: a witch hunt aimed at doctors by law enforcement officials who resent limits being put on their power to punish." Mikuriya says he's willing to abide by practice standards, and in fact has drafted and proposed to the California Medical Association a set of requirements for physicians who consult with patients about cannabis use. The 7/11 hearing was conducted by Administrative Law Judge Jonathan Lew and attended by some 30 Mikuriya supporters, including three other Bay Area physicians. ( It was preceded by an hour-long, behind-closed-doors settlement conference at which Mikuriya was offered probation with conditions he considered unacceptable. ) Administrative law judges don't make final rulings, they make "recommended decisions" to the government agencies that employ them, which the agencies can then adopt, reject, or revise. If Lew allows the case against Mikuriya to go forward, he will conduct a hearing on the facts of the 17 disputed cases. That hearing, at which Mikuriya is prepared to defend his approach, file by file, is scheduled to begin on Sept. 3 If Lew decides that the case should be dropped, the Medical Board could pursue it nevertheless by asking a Superior Court judge to order or conduct a hearing on the facts.  Add Promising Results for GW Pharmaceuticals  Two papers and a poster presented at the recent International Cannabinoid Research Society meeting in Cornwall, Ontario described successful tests of whole-plant cannabis extracts developed by G.W. Pharmaceuticals in the U.K. Steve McKerral of the Royal National Orthopaedic Hospital in Stanmore, Middlesex, reported on a study involving 48 patients ( 46 men, average age 38.5 ) who had suffered an extremely painful tearing away of nerves from the spinal cord ( brachial-plexus avulsions ). Treatments such as opioids, anticonvulsants and antipressants are partially effective at best... Patients in McKerral's study were allowed to keep using their other drugs. They were given three different sublingual sprays over three two-week stretches: a placebo, a high-THC extract, and a THC-CBD mix. Neither they nor the staff conducting the study knew who was getting what. Subjects' pain levels and sleep quality were assessed by questionnaire. "Both the THC and THC:CBD extracts decreased pain and improved sleep," McKerral et al concluded. "The medications were well tolerated.... Patients' ability to self-titrate allowed them to take higher doses to promote sleep, and to avoid dosing if they needed to drive... Given the refractory nature of this central neuropathic pain, this study shows that cannabis based medicinal extracts ( CBMEs ) may represent a significant advance in treatment." Ciaran Brady of the National Hospital for Neurology and Neurosurgery, Queen Square, London, tested GW's CBMEs on 21 multiple sclerosis patients with lower urinary tract symptoms. He concluded, "The number of incontinence episodes, nocturia episodes [getting up in the night to pee], and daytime urinary frequency all decreased significantly. The incidence of urinary urgency decreased significantly and the number of 'planned or normal' voids increased significantly... This open-label study of self-titrated CBME, in a select group of such patients, demonstrated amelioration of these problems with few troublesome side effects, suggesting that CBME may prove to be a safe and effective additional treatment." Psychologists Richard A. Deyo ( Winona State University in Minnesota ) and Richard E. Musty ( University of Vermont, Burlington ) assessed the anti-depressant potential of a GW extract rich in cannabichromene ( CBC ). They worked with mice whose tails were taped to a bar to induce "behavioral despair." Anti-depressant effect was adduced from the extent to which the mice struggled. And sure enough, mice administered CBC put up high-amplitude resistance. "The present data suggest that CBC may induce anti-depressive effects," the authors concluded. P.S. The radiant Canadian MS patient whose presence at the ICRS meeting moved many members was named Alison Myrden... The new head of NIDA ( Trotsky's great-granddaughter! ) is Nora Volkow, not Nina... I'd planned a follow-up column on the ICRS meeting, but developments in the Mikuriya case took precedence this week. Here we have an example of how, by attacking our movement, the Drug Warriors win even if they ultimately lose in court. They put us on the defensive, which takes time, energy, money, and resources ( column inches that could have gone towards an account of scientific progress ). Next week: an interview with Geoffrey Guy of G.W. Pharmaceuticals Newshawk: afterburner and VirgilSource: Anderson Valley Advertiser (CA)Author: Fred GardnerPublished: Wednesday, July 16, 2003Copyright: 2003 Anderson Valley AdvertiserContact: ava pacific.netWebsite: http://www.theava.com/Related Articles & Web Sites:Marijuana.orghttp://www.marijuana.org/Tod H. Mikuriya, M.D.http://www.mikuriya.com/International Cannabinoid Research Societyhttp://www.cannabinoidsociety.org/The Marijuana Missionhttp://www.themarijuanamission.com/Conant vs. Walters & Judge Kozinskihttp://freedomtoexhale.com//cw.htm Decision To Prosecute Doctors is Violation http://cannabisnews.com/news/thread16875.shtmlPsychiatrist's License May Be Revokedhttp://cannabisnews.com/news/thread16839.shtmlPot Doctor's License In Jeopardyhttp://cannabisnews.com/news/thread16838.shtml
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Comment #8 posted by charmed quark on July 17, 2003 at 12:39:28 PT:
Dr. Mikuriya
Dr. Mikuriya prescribed Marinol for my complicated migraines ( I can't use cannabis as it is illegal for medical use in my state). If he loses his prescription license,I don't know what I'll do. It is VERY hard to find doctors who are knowledgable about cannabinols. And Dr. Mikurya is one of the most knowledgable.-Pete
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Comment #7 posted by Richard Paul Zuckerm on July 17, 2003 at 11:50:15 PT:
MY LETTER TO CONGRESSMAN PALLONE
Today, Thursday, July 17, 2003, I personally delivered a prepared letter asking for the decriminalization of Marijuana, to the "legislative office" of Congressman Frank Pallone, Jr., who is the only member from New Jersey of the House Energy and Commerce Committee, Subcommittee on Health. This letter had a heavy duty staple attaching the letter to various documents printed from www.cannabisnews.com, www.cannabisculture.com, www.hightimes.com, on the studies supporting medical Cannabis. AT LEAST I TRY!! I don't simply sit around griping that one vote does not make a difference!! I write and telephone State Legislators and Congresspeople asking:[1] FOR DECRIMINALIZATION OF CANNABIS;[2] AGAINST FUNDING THE COUNCIL ON FOREIGN RELATIONS
$100 million which they want to use for militarization of police in the spirit of Operation Garden Plot ["to assist local law enforcement"], to develop non-lethal weapons so they can continue to provoke violence at protests to douse us with non-lethal weapons, while military personnel wait at the hospitals to jot down notes on the harmful effects of the nonlethal weapons, using us as human experiments, an attempt to quash our Right to dissent, to force their corporate agenda down our throats, especially for the Republic National Convention coming to New York City next year;[3] VOTE AGAINST FUNDING THE UNITED NATIONS, which supports "The New World Order", because the United Nations Universal Declaration of Human Rights does not have a freedom of speech [we can't talk about abortion], does not have a Right to keep and bear arms, does not have a Right against unreasonable searches and seizures without a warrant, does not have a Right against self-incrimination, DOES NOT HAVE A TRIAL BY JURY. In short, falling under United Nations rule would enslave us![4] To improve the curriculum of government school so that the students are taught the dark side of government, to offer students martial arts and weapons training, so that they become fully informed, competent, citizens upon graduation. See, e.g., www.johntaylorgatto.com; 10 U.S.C. Section 311 [defining the "unorganized milita" as every able bodied male between 17 and 45 years of age].[5] To repeal most of the gun laws, for the reasons stated in www.jpfo.org, e.g.: (a) every genocide of the 20th century began with gun control laws, (b) Adolph Hitler killed more people who were NOT Jewish, (c) most crimes are committed by criminals who obtained firearms under the table, (d) the government is immune from civil liablity for failure to show up at the scene of a crime, (e) drug laws are used to obliterate our Second Amendment Rights.Today, I also e-mailed Senator Biden to thank him for setting the DEA straight on the RAVE Act.Richard Paul Zuckerman, Box 159, Metuchen, N.J., 08840-0159, (Cell telephone number)(908) 403-6990, richardzuckerman2002 yahoo.com.Member of: www.norml.org; www.normlnj.org; www.cannabisculture.com; www.hightimes.com; www.fija.org; www.jpfo.org; www.greenparty.org; www.njlp.org.Diploma in Paralegal, New York University, 2003;Diploma in Truck Driving, Smith & Solomon School of Truck Driving, Edison, N.J., 1995;B.A. in Political Science, Kean University, 1987.
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Comment #6 posted by Treeanna on July 17, 2003 at 06:36:33 PT
Dr. Todd's website
Dr. Mikuriya did my recommendation, and I keep him updated and in connection with my other doctors via his website:http://www.mikuriya.comDrop on by and leave a note of support! :)
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Comment #5 posted by afterburner on July 16, 2003 at 21:16:07 PT:
Just Another Simple Question
Why would the sick and dying spend large amounts of money at black market prices, often out of a meager income, and risk arrest if medical cannabis did not help their conditions?"The greatest service which can be rendered any country is to add a useful plant to its culture. "
- Thomas Jefferson -ego transcendence trumps ego destruction in the compassionate heart of truly civilized people.
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Comment #4 posted by aolbites on July 16, 2003 at 20:46:34 PT
not so sure about that...
I am not so sure that this was the same as the GW study ... since GW was using a sublingual spray, and this one says it was using capsules of cannabis, THC [marinol], and placebo...would be great IF there were more than one study of this going on .. esp if it would be of a 'product' not controlled by a big company....
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Comment #3 posted by 312 on July 16, 2003 at 17:12:47 PT
Funny...
...how there's not a single mention of GW Pharmaceuticals in the article I posted in the last comment.It has to be the aforementioned study, though.
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Comment #2 posted by 312 on July 16, 2003 at 17:09:52 PT
UK: MS Study May Force Rethink On Cannabis 
The Sentinel, StaffordshireFriday 11 Jul 2003---Multiple sclerosis patients in Staffordshire and Cheshire have completed a 
research project which could force the Government to make cannabis legal 
for sufferers all over the UK. They are under the care of the University 
Hospital of North Staffordshire which is one of six centres in Britain 
leading the study to see if the banned drug can ease their pain.For the past year, 19 patients have been taking up to 10 capsules a day 
without being told if they contain the drug or a placebo - a substitute 
with no active ingredients.Doctors examined the "guinea pigs" every few weeks to look for any 
improvement in symptoms such a muscle stiffness and lack of movement.Now the trial has ended, the results from all the lead centres - plus 24 
smaller hospitals involved - are being collected and analysed by experts 
behind what is the first research of its kind.They will be double-checked by objective referees before being published 
towards the end of the year.MS sufferers have long admitted illegally buying cannabis from dealers 
because they are convinced it brings relief.But until now all the evidence has been anecdotal and Ministers refused to 
make it available in purely medical circumstances.Following years of lobbying by both patients and doctors, however, the 
Government authorised the research and allowed cannabis plants to be grown 
at secret locations under tight security to be given patients.Dr Clive Hawkins, consultant neurologist at the Hartshill hospital and an 
adviser to Whitehall, said: "These are really exciting times and everyone 
is waiting with baited breath to see what answers this research brings."If it does produce evidence of benefits to patients, it will throw up some 
challenging issues for Ministers as we move into the winter."I am delighted this hospital and our patients have been involved in 
something as important and potentially historic as this."Patients had to agree not to drive during the trial because of potential 
drowsiness. A Home Office licence was needed in each case and the patients 
carried special ID cards to protect them from prosecution for possession if 
stopped by the police.They were banned from travelling abroad during the year because their 
criminal immunity covered only Britain.Researcher Dr Emma Pye said: "Some people declined to take part because 
they feared they might have been on the placebo and so would have been 
taking nothing to control symptoms."But despite the restrictions, there was a very small drop-out rate. The 
patients are those with the most severe symptoms of all MS sufferers and 
included some in wheelchairs. They are from Staffordshire, South Cheshire 
and Shropshire."They all felt they had benefited from getting more intensive medical 
supervision than they would normally expect and a few said they felt spaced 
out without possibly knowing what group they were in."The cannabis-takers themselves were split into sub-groups - one taking pure 
tetrahydrocannaboil which is its active chemical and the other given 
capsules with the drug in its crude form. That is to see if there are other 
substances in cannabis which also work.The patients will eventually be told which group they were in.dave.blackhurst thesentinel.co.uk
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Comment #1 posted by afterburner on July 16, 2003 at 14:21:02 PT:
More Background on Dr. Mikuriya 
Marijuana Specialist Defends His Practice http://www.cannabisnews.com/news/16/thread16156.shtml
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