cannabisnews.com: Pot's Catch-22 On The Docket





Pot's Catch-22 On The Docket
Posted by CN Staff on July 11, 2004 at 23:02:17 PT
Editorial
Source: Ventura County Star 
Eight years ago, 56 percent of California voters approved Proposition 215, allowing sick people to use marijuana for medical purposes when approved by a physician. In all, 35 states have approved similar legislation. The only problem is that the federal government still outlaws the use of marijuana, for any reason, which has created enormous legal headaches for sick individuals, doctors and law enforcement.
Fortunately, the legal Catch-22 will be addressed this winter when the U.S. Supreme Court at last considers whether the federal government can prosecute sick people who use marijuana on the advice of their doctor. The Star supported Proposition 215 and hopes the Supreme Court rules for common sense. There is no reason that doctors can legally prescribe controlled substances such as cocaine and morphine -- Schedule II drugs -- but not marijuana -- a Schedule I drug. The Controlled Substances Act of 1970 -- the government's legal foundation in its fight against drug abuse -- places all substances into one of five schedules, based on the substance's medical use, potential for abuse, and safety or dependence liability. A Schedule I drug is defined as having a high potential for abuse, no accepted medical use in treatment in the United States, or lack of accepted safety for use under medical supervision. A Schedule II drug also has a high potential for abuse, but has an accepted medical use. Marijuana does, in fact, have an accepted medical use, as confirmed by a 1999 yearlong study by the Institute of Medicine at the National Academy of Science, ordered by none other than former federal drug czar Barry McCaffrey. That study concluded that marijuana may be effective in easing chronic pain, nausea and vomiting caused by chemotherapy, poor appetite, wasting caused by AIDS or advanced cancer, and muscular spasms associated with multiple sclerosis. The study also rebutted arguments that allowing the medicinal use of marijuana would lead to the use of other illegal drugs or encourage the public to use it. Sadly, the discussion of how marijuana is categorized is not based on science, but on the federal government's illogical, "just-say-no" mind-set. The U.S. government has gone to extreme lengths to thwart the will of residents in 35 states who have authorized the medical use of marijuana. From 1997 until October 2003, for example, doctors who even discussed marijuana with their patients were threatened with the revocation of federal licenses they need to prescribe medicine. However, in October, the Supreme Court let stand a 9th U.S. Circuit Court of Appeals ruling that doctors have a constitutional right to advise ill patients about the benefits of marijuana. Now, the Bush administration is appealing a case it lost last year involving two California women who say they need marijuana for their health. One plaintiff, Angel Reich, 38, of Oakland, suffers from a brain tumor, scoliosis and chronic nausea, and her doctor has recommended marijuana for her treatment. The 9th U.S. Circuit Court of Appeals ruled in their favor in December saying that the federal law outlawing marijuana does not apply to people who are using marijuana upon the recommendation of their doctor. Most Americans don't like the idea of sick people being prosecuted for using something their doctors recommend and which the government's own study has admitted has a valid medicinal use. It is time for the Supreme Court to square state and federal laws and to get the U.S. government to stop harassing sick people. Note: High court should OK patient use.  Source: Ventura County Star (CA)Published: July 11, 2004Copyright: 2004 The E.W. Scripps Co.Contact: letters insidevc.comWebsite: http://www.staronline.com/Related Articles & Web Sites:Angel Raich v. John Ashcroft http://freedomtoexhale.com/raich.htmMedical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmProtecting Patients' Rightshttp://cannabisnews.com/news/thread19104.shtmlMarijuana Backers Pleased by Justices' Decisionhttp://cannabisnews.com/news/thread19093.shtml Key Medical Pot Case To Be Heardhttp://cannabisnews.com/news/thread19092.shtml
Home Comment Email Register Recent Comments Help




Comment #6 posted by E_Johnson on July 12, 2004 at 08:02:04 PT
Dr. Russo how about PayPal?
PayPal is very quick and easy to set up and it works really well for Internet donations to worthy causes.
[ Post Comment ]


Comment #5 posted by FoM on July 12, 2004 at 08:01:28 PT
Dr. Russo
I'm really sorry to read your post. I hope people can help. I had a friend's mother denied chemo when she was diagnosed with breast cancer because she didn't have insurance. Finally she did get chemo after many months but it was too late.
[ Post Comment ]


Comment #4 posted by runruff on July 12, 2004 at 07:37:30 PT
my simple plan.
I have a simple plan I want to put it no operation as soon as the legislooters in our government recignize my right to grow hemp. I will build a hydrolic seed press on the back of ny flat bed truck with a filter. I will then go around my valley and press the hemp seed for people with just a few acres of land who want to grow it. With a small inexpencive atomizer istalled ito any deisel engine it can run clean and effient on raw unrefined hemep oil. It can also be used for heating the home insteat of petrolem oil. Most climates will produce about four 55 gallon barrels per acre. The stalks are 77% celluloce and can be made into wood alcohol, [another fuel} The bark supstance around the stem is used to make the finest paper in world and could be sold to a local manufacture. The stocks can also be processed into plastics of any kind known to us today incuding Saran Wrap for the kitchen or plastic casing for commputers. I have a pair of shoes with the fabric made from hemp and the soles made from hemp synthetic rubber.
I could have a hopper on my truck to seperate the seed from the stock, press the oil and and take part of the product as payment. I have figured that anyone with 5 to 7 acres of hemp could meet their fuel needs for an entire year and I could make a fine living working for myself. Imagine what this would do in tearms of the redistibution of wealth in this country.PS You can also use a little of the hemp oil on your salad, it's delicous  
[ Post Comment ]


Comment #3 posted by WolfgangWylde on July 12, 2004 at 02:26:19 PT
35 States?
Did I miss something?
[ Post Comment ]


Comment #2 posted by Ethan Russo MD on July 12, 2004 at 01:56:02 PT
Appeal on Behalf of Franjo Grotenhermen
Dear Friends,
    I have some unfortunate news to convey. I hope that you are familiar with the work of Dr. Franjo Grotenhermen, the editor of the book, Cannabis and Cannabinoids: Pharmacology, Toxicology and Therapeutic Potential, the founder of the International Association of Cannabis as Medicine, and author of numerous important and influential journal articles. What you probably do not know is the unusual circumstances of his life. Franjo was previously a healthy practicing physician in Cologne, Germany before being afflicted with a bizarre, debilitating and extremely rare condition called “small vessel disease” in German. He became disabled, had to quit practice, and became confined to bed, aside from short intervals in which he might be able to walk each day. Despite this, he has managed to produce an important contribution to cannabis therapeutics and run and organization while flat in bed operating a computer. Recently, his condition has deteriorated, and he is increasingly weak, and severely limited in his activity. A treatment called rheohemapheresis has recently become available:http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=pubmed&dopt=Abstract&list_uids=11501571Franjo’s medical coverage does not reimburse this procedure, which would cost 20,000 Euros for a full course of treatment that might put his condition into remission. Thus, I am appealing to you to assist Franjo in obtaining funding that might save his life and continue his good work in support of clinical cannabis. Please consider a donation to:Franjo Grotenhermen
Arnimstrasse 1A
50825 Cologne
GermanyE-mail: info cannabis-med.org
http://acmed.org/english/home.htmAlternatively, please forward this message to sympathetic friends who may contribute, or sympathetic organizations or journalists that may be willing to help.Thank you very much for your consideration.
[ Post Comment ]


Comment #1 posted by RasAric on July 11, 2004 at 23:23:15 PT
Here Here
This is a well written and thoughtful letter. 
[ Post Comment ]


Post Comment