cannabisnews.com: Science, Not Politics, Should Govern Research










  Science, Not Politics, Should Govern Research

Posted by CN Staff on April 25, 2005 at 14:16:41 PT
For Immediate Release 
Source: ACLU 

Washington -- The American Civil Liberties Union today announced a legal challenge to the Drug Enforcement Administration’s policy of obstructing private research that could lead to marijuana being approved as a prescription medicine. The ACLU filed the case Friday on behalf of University of Massachusetts Professor Lyle Craker, Ph.D., who wants to grow an alternative, privately funded source of research-grade marijuana. The challenge comes in advance of an expected U.S. Supreme Court ruling in Raich v. Ashcroft, which addresses the question of whether the federal government can enforce federal marijuana laws in states where medical marijuana is legal.
"The public has a right to know about possible health effects of marijuana and whether this plant material has any medicinal value," said Professor Craker. "Only through unobstructed medical research can doctors and scientists determine the value of marijuana in treating human afflictions. My job is to make plant material available for research, and the refusal of the DEA to allow me grow marijuana for medical research prevents a full investigation of the potential health benefits of the plant material."In oral arguments last November in the Raich case, Justice Stephen Breyer suggested that patients ask the Food and Drug Administration to reclassify marijuana for medical use as "the obvious way to get what they want," adding, "Medicine by regulation is better than medicine by referendum."But in legal papers filed on Professor Craker's behalf, the ACLU points out that the federal government has a policy of obstructing research that could lead to the development of marijuana as a legal prescription medicine. "Doctors and patients would like to take Justice Breyer up on his proposal during the oral arguments in Raich to develop marijuana as a medicine through the FDA approval process," said Alan Hopper, a staff attorney with the ACLU’s Drug Law Reform Project. "Justice Breyer calls for ‘medicine by regulation,’ but the government’s idea of ‘regulation’ is to obstruct research."Through the National Institute on Drug Abuse (NIDA), the federal government currently has a monopoly on supplying marijuana available for research, Hopper noted. In contrast, all other controlled substances are provided to researchers by DEA-licensed private laboratories - including heroin, cocaine, MDMA (Ecstasy), and LSD. Scientists who want to study the medical benefits of marijuana with the goal of developing it into an FDA-approved prescription medicine either cannot secure marijuana for their research or receive from NIDA marijuana of insufficient quality and potency. The DEA’s refusal to allow Professor Craker to provide an alternative, privately funded supply of research-grade marijuana obstructs scientists’ ability to conduct the research necessary to develop marijuana as a legal prescription medicine, the ACLU said in legal papers. "We are frustrated with the DEA’s red tape and the federal government’s heavy-handed policies that stifle our research," said Rick Doblin, Ph.D., president of the non-profit Multidisciplinary Association for Psychedelic Studies (MAPS), which wants to privately fund Professor Craker’s cultivation site and the development of marijuana into a legal medicine. "Drug war politics should not obstruct our pharmaceutical development process, especially when it comes to researching drugs with the potential to reduce chronic suffering and reduce the negative side effects of life-saving medicines."The ACLU also said that NIDA discriminates against scientists who want to conduct research that aims to establish marijuana’s efficacy and safety as an FDA-approved prescription medicine. Such research programs clash with NIDA’s mission to study only the harmful effects of drugs. Allowing Professor Craker to cultivate an alternative source of marijuana for research is in the public interest and the DEA’s denial of his application is driven by the politics of the "war on drugs," the ACLU said. A hearing on the matter before a federal administrative law judge is scheduled for later this summer. A group of nationally renowned experts are expected to testify on Professor Craker’s behalf. The ACLU is co-counsel in the case In the Matter of Lyle Craker with the Washington D.C. law firm Jenner & Block, LLP and is assisted by Steptoe & Johnson, LLP. The pre-hearing statement is online at: http://www.aclu.org/DrugPolicy/DrugPolicy.cfm?ID=18101&c=81 and further background information is available on the MAPS website: http://www.maps.org/Complete Title: Science, Not Politics, Should Govern Medical Research, Says ACLU in Challenge to DEA’s Marijuana Policy Source: ACLU (NY)Published: April 25, 2005Copyright: 2005 ACLUWebsite: http://www.aclu.org/Contact: http://www.aclu.org/feedback/feedback.cfmRelated Articles & Web Sites:ACLUhttp://www.aclu.org/Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmACLU Enters Marijuana Research Disputehttp://cannabisnews.com/news/thread20574.shtml Red Tape, Big Pharm Muscle Strangling MMJhttp://cannabisnews.com/news/thread20529.shtmlDEA Ruling Renders Approval Impossiblehttp://cannabisnews.com/news/thread20037.shtml 

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Comment #24 posted by Max Flowers on April 25, 2005 at 23:19:42 PT
njweedman is brilliant
That is a brilliant, sound defense backed by solid legal research and reasoning. He handily got around the Controlled Substances Act, and I hope everyone noticed this argument and takes note! This legal path should work for anyone and everyone else too, and exposes just how thin the fraudulent claims of the federal government are. They are based on nothing but a pack of lies and deliberate obfuscation of the truth.Genius!
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Comment #23 posted by afterburner on April 25, 2005 at 21:33:04 PT
'Too Late' & njweedman Declares MMJ Grandfathered 
We're Late - 'Too Late' & njweedman Declares MJ Grandfathered MedCountry Girl: Whiskey Boot Hill/Down, Down... Lyrics,
Crosby, Stills, Nash and Young http://tinyurl.com/cwwrp COUNTRY GIRL Lyrics,
Artist(Band):Neil Young 
http://tinyurl.com/bxbbv"Winding paths through tables and glass
First flowers bloom
Now watch the Summer pass
So close to you"Too late to keep the change
Too late to pay
No time to stay the same
Too young to leave"No pass out sign on the door set me thinking
Are waitresses paying the price of their winking
While stars sit at bars and decide what they're drinking
They stop by the die because it's faster than sinking"Too late to keep the change
Too late to pay
No time to stay the same
Too late to keep the change
Too late to pay
No time to stay the same
Too young to leave"Find out that now was the answer to answers
That you gave later
She did the things that we all did before now
But who forgave her?"If I could stand to see her crying
I would tell her not to care
When she learns of all your lying
Will she join you there?"Country girl I think you're pretty
Got to make you understand
Have no lovers in the city
Let me be your country man
Got to make you understand
Got to make you understand
Country girl ..."%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%Excerpt from Edward "njweedman" Forchion's Motion to dismiss charges of marijuana (cannabis) possession [ http://www.njweedman.com/times-06-09-00.html ]:{Factual Basis for this motion(s) are:  {AA.- History truth.  {A. Relevant Federal Statutes and "The Grandfather Clause"  {The Federal Food, Drug, and Cosmetic Act of 1938 ("the FDCA"), 21 U.S.C. §301 et seq., is designed to protect public health by regulating "new drugs" that are intended for use in interstate commerce. Barnes v. United States, 142 F.2d 648 (9th Cir.1944); United States v. Kordel, 164 F.2d 913 (7th Cir.1947); United States v. Two Bags, Poppy Seeds, 147 F.2d 123 (6th Cir. 1945). There exists, however, a "grandfather" clause which exempts certain old drugs from this "new drug" status. 21 U.S.C. §321(p)(1); United States v. Rutherford, 442 U.S.544, 546-48 (1979); Rutherford v. United States, 541 F.2d. 1137, 1140-42 (10th Cir.1976) (reversed on other grounds, 442 U.S. 544).    {As explained by federal regulators, when Congress revamped the FDCA in 1939, it "accepted those drugs marketed prior to 1938 which had been subject to the 1906 provisions of the FDCA [requiring drugs to be identified in recognized medical authorities such as the National Formulary, United States Dispensatory, Pharmacopeia of the United States, or other similar sources] provided these very old drugs retain their exact formulations and are never promoted for new uses." 57 Fed.Reg. 10499, 10503 (1992) (citing 21 U.S.C. §321(p) and (w)). As further explained, these pre-1938 drugs "are politically 'grandfathered' drugs" and "need not meet modern standards for safety and effectiveness." Ibid; United States v. Rutherford, 442 U.S. at 546-48; Rutherford v. United States, 541 F.2d. at 1140-42.   {As will now be shown, marijuana is one of those "very old drugs" that was grandfathered in as a medicine back in 1938. Marijuana (more commonly known as cannabis) was widely recognized for its medicinal use in the medical journals of that time, and brand-name companies, such as Parke-Davis and Eli Lilly, were cultivating "home-grown cannabis" and selling the "flowering tops" of the plant for use in the treatment of illnesses such as anorexia, chronic pain, spasticity, and nausea.  {B. "Medical Marijuana" Is A Bona Fide Medicine  {Within The Meaning Of The Grandfather Clause Exemption First, it bears emphasizing that federal regulators readily recognize "medical marijuana" as an authentic pre-1938 medicine:    {"Cannabis sativa L. was one of the first plants to be used by man for fiber, food, medicine, and in social and religious rituals. There were approximately 20 traditional medicinal uses of cannabis ... in Western medicine from the mid-19th to the early 20th century ...In 1941, marijuana passed out of the National Formulary and the United States Pharmacopeia."  54 Fed.Reg. 53767, 53774 (1989). {Next, recorded documents existing within private and public libraries, now located on the world-wide web, (internet) further reveal evidence of marijuana's recognition and acceptance as medicine prior to 1938. Defendant submits the attached declaration and supporting exhibits which verifies the pre-1938 acceptance of marijuana in the United States Dispensatory, Pharmacopeia of the United States, and Materia Medica acknowledging marijuana's use in the treatment of pain relief, epilepsy, appetite loss, depression, vomiting, etc., etc., etc. 
 See Attached -(Declaration of Edward "njweedman" Forchion).  {As set forth in this declaration, companies such as Parke-Davis, Eli Lilly, Merck, and Squibb made extensive use of marijuana for commercial medicinal purposes and not only manufactured and sold marijuana preparations, they cultivated "home-grown cannabis" and then sold the "flowering tops" of those plants by the gram, ounce and pound. (NJWEEDMAN- Declaration.)   {Thus, the "medical marijuana" that I the defendant "njweedman" is charged with possesion, is identical to the type of marijuana that was cultivated and marketed for medical use back in 1937. Since "medical marijuana" is a federally recognized pre-1938 medicine, not a Schedule I substance, defendant's conduct does not constitute an offense in violation of NJ status: 2c:35___, and 2c:35____.. In fact these newly enacted status are seriously flawed in that it erronerously classifies marijuana as a schedule 1 drug, which requires substance's in the schedule 1 classification to have no medical value in the U.S. .   {It is common knowledge that marijuana has medicinal value. The fact that marijuana has medicinal value and is used medicinally in the US, by definition is not a schedule 1 drug. In fact the State of New Jersey seems to ignore that it recoginized marijuana's medicinal value in 1981, with the enactment of the ("the CDS Therapeutic Research Act )______ sponsered by (r) Sen. Bassano. (see attached) {Currently there are several on going federal programs that distribute marijuana for medical purpose's under the 1978 Compassionate Use Act. - (See Attached) {...On Nov. 13th, 2003 this case was "DISMISSED"}
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Comment #22 posted by FoM on April 25, 2005 at 20:56:35 PT
ekim
You are so special. Thanks for all you say and do.
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Comment #21 posted by FoM on April 25, 2005 at 20:45:04 PT
runderwo
What great detail. I an really impressed. Thank you for sharing it with us.
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Comment #20 posted by ekim on April 25, 2005 at 20:38:17 PT
any one have a name for the new hybrid
then off to support the farmers, the nutrients, the weavers and spinners before all jobs are lost in the textile industry, the molding and injection section, ethanol and biodiesel makers, sounds like when you put them all together you have the makens of a neat hybrid with body and fabric powered with it too-------as china is buying 1000 new cars a day and countless more used ones. W make the energy bill you so want a real vision for the future be remembered for something that will help the coming generation.
http://www.umnorml.org
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Comment #19 posted by runderwo on April 25, 2005 at 20:33:24 PT:
Legalization Concerns
Please check this out and let me know what you think should be removed, added, or improved. So much information on cannabis prohibition is formulated in a manner that either preaches to the choir or propagates wishful thinking on the part of the prohibitionist. I have attempted to take as many little "sound bites" of wishful thinking that lead average non-cannabis-users to support marijuana prohibition, when in fact studying it shows that prohibition not only is expensive and produces unintended negative consequences, but it fails in addressing the perceived problems of cannabis use from the perspective of a non-user or a former user. Please don't link it outside this site for now because I don't know whether I have taken an effective position, and I also haven't filled in the citations. I am trying to fill the hole in communication between the average citizen and people who regard cannabis prohibition as one of the most wrongheaded policies of the entire last century. As a result, certain things have been worded in a way that may not present the image we want to present, but consider when writing feedback that the wording may have been intentional when taking the intended audience into consideration. Thanks!
Legalization Concerns
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Comment #18 posted by b4daylight on April 25, 2005 at 20:21:43 PT
Nice
all very nice comments.
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Comment #17 posted by FoM on April 25, 2005 at 18:30:01 PT
Dankhank 
Great Links! Thanks! I was close with 50 albums. How does he remember all the words? It blows my mind.
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Comment #16 posted by FoM on April 25, 2005 at 18:21:44 PT
EJ I Don't Know
I'm only beginning to see all the different meanings in Thrasher. He is a brilliant man. I don't think any other musician has a group of people from all different ages that appreciate his music like Neil Young has. The Rust List has over 4,000 members and I'm sure many more that never registered and just read. He's kept it real and that's why I appreciate his music.
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Comment #15 posted by FoM on April 25, 2005 at 18:12:15 PT

Dankhank
Oh yes I do know Greendale very well. I still listen to it almost everyday at least once with 4 other CDs of Neils which I change now and then. I haven't gotten the book yet and we didn't buy one of the trains but yes Greendale is special. Pegi said the concept of Greendale was born during serious person issues in their life and then the war made it turn more political. I can only imagine what his next album will be after nearly dying from a brain aneurysm.Here's his thank you note if you haven't read it yet.http://www.neilyoung.com/dearfriends.html

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Comment #14 posted by E_Johnson on April 25, 2005 at 18:10:47 PT

Tell me why
Tell me whyis it hard to make arrangements with yourselfwhen you're old enough to repaintbut young enough to sell?
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Comment #13 posted by Dankhank on April 25, 2005 at 18:04:11 PT

Neil ...
http://www.angelfire.com/ny4/heartofgold/discogra.htm
   for discs to 2000http://human-highway.bosco.net/human-highway/pages/album/
  for discs to 2003Greendale for insight into Neil's head these days ...though that may have changed re: his recent adventure ...FoM should be saying this ... though ...
I know about early Neil and try one of the Buffalo Springfield. His 70's stuff may be his best, not sure ...anyway, try im ... you'll like im ...
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Comment #12 posted by FoM on April 25, 2005 at 18:00:09 PT

runruff
I know what you mean about being sick of it. I don't read any news about any drugs except Cannabis. I'm very tired of it all. I do want the laws to be changed concerning Cannabis but if they aren't we all will find other issues that we find important and can maybe make a little change. It's a real shame that this is still happening after all these years and all of the research that is available. Our system of government has become too much like parents and I wouldn't want the government to be my parents and neither should anyone.
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Comment #11 posted by runruff on April 25, 2005 at 17:35:58 PT:

Just us Breyer.
Does this man live in a cave in the remote Hymalayas?Referendum has shown more wisdom than all the Feds put together.How many approved meds by the FDA have killed and mamed people for profit?How many of the countless millions of people over the last 5,000 years of using pot have died or suffered for using it?Only at the hands of LEOs in the last 35 years in the name of this insane thing called a "drug war"!I've been sick of it! 
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Comment #10 posted by FoM on April 25, 2005 at 17:19:56 PT

global_warming 
Oh my I don't know what the best CD would be. I'm slowly collecting every CD that is released. I probably have 15 or more and I believe there are over 50 albums. I'm not sure if they're all available though. There are very few of Neil Young's song that I don't like. My Rottweiler likes to howl along to many of his songs too! It's hysterical to watch him try to howl in tune with Neil! LOL!

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Comment #9 posted by global_warming on April 25, 2005 at 17:05:03 PT

Music and Lyrics
Guess I better get an album of this Young one,The best of the best,Might you suggest?Though I am a consummate Wagnerian,And eternal devotee to Beethoven,All music, moves me.Using Limewire and loving it,Watch out for them record company collectors,This note's for you,gw
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Comment #8 posted by FoM on April 25, 2005 at 16:56:34 PT

The GCW 
Yes we are very late. I'm sorry.
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Comment #7 posted by FoM on April 25, 2005 at 16:54:26 PT

global_warming 
I agree with you. Having a center at the University of Massachusetts would be a good thing. Hopefully they would be open minded and serious about the research. I believe they would be fair. I could be wrong but I hope I'm right. The song This Note's for You is how I hope the research would be done. That way it will be honest.This Notes For You Lyrics - Neil Young 
 Don't want no cashDon't need no moneyAin't got no stashThis note's for you***Ain't singin' for pepsiAin't singin' for cokeI don't sing for nobodyMakes me look like a jokeThis note's for you.***Ain't singin' for millerDon't sing for budI won't sing for politiciansAin't singin' for spudsThis note's for you. 
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Comment #6 posted by The GCW on April 25, 2005 at 16:40:17 PT

YES, We're Late
If they find a way to wipe out Leukemia this year, using cannabis / THC then it is about 10 years too late...Technology has been lost. And this is just medicine... Communist countries are ahead of Us.The man with the head of a monkey has the deluding influence.
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Comment #5 posted by global_warming on April 25, 2005 at 16:33:58 PT

marijuana being approved as a prescription medicin

"The public has a right to know about possible health effects of marijuana and whether this plant material has any medicinal value," said Professor Craker. "Only through unobstructed medical research can doctors and scientists determine the value of marijuana in treating human afflictions."A True Doctor and human being.Go Dr. Craker, take these fools and money hungry bastard children to their earned rewards.gw
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Comment #4 posted by FoM on April 25, 2005 at 16:13:22 PT

CNN Program: For Those Who Might Be Interested
I saw a preview for this show that will be on at 8pm tonight and thought some here might want to check it out.Airs: 8-9 p.m. ET Monday-Friday Monday's Show Is methamphetamine trouble brewing in your town? We look at what is being done to stop the spread of this dangerous drug. Tune in at 8 p.m. ET. http://www.cnn.com/CNN/Programs/paula.zahn.now/

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Comment #3 posted by FoM on April 25, 2005 at 15:59:36 PT

We're Late
We're late, We're late For a very important date No time to say "Hello", "Good-bye" We're late, We're late, We're late***We are late by many years. It's time to change the laws on Cannabis.
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Comment #2 posted by global_warming on April 25, 2005 at 15:51:06 PT

Go ACLU
"In oral arguments last November in the Raich case, Justice Stephen Breyer suggested that patients ask the Food and Drug Administration to reclassify marijuana for medical use as "the obvious way to get what they want," adding, "Medicine by regulation is better than medicine by referendum."Perhaps Justice Breyer is not correctly understanding this predicament -(1. A situation, especially an unpleasant, troublesome, or trying one, from which extrication is difficult. See Usage Note at dilemma.}When initiative after initiative passes in the states of these United States, and referendums start becoming necessary, maybe Justice Breyer might start to realize that someone is knocking on the door of Justice.Pretty soon people will start to think that the Judiciary Branch of this USA is tainted, along with the FDA and many other agencies in our US Government.It is too long to wait until summer for a hearing, this is just another obstructionist tactic, that will not succeed, but will further hasten the revelation of the rot and corruption that pretends to be leaders in this USA.End the War on Drugs/People, stop the incarceration of victims.gw
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Comment #1 posted by knowhemp on April 25, 2005 at 15:03:36 PT

nicely written!
perfect!
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