cannabisnews.com: Doctor Testifies On Man's Medical Need for MMJ! Doctor Testifies On Man's Medical Need for MMJ! Posted by FoM on July 29, 1999 at 11:33:18 PT By David Royse, Associated Press Source: Naples News BRONSON - A pharmacologist testified Wednesday that marijuana has been shown to ease nausea, bolstering claims by a man who says he needs it to cope with side effects from painkillers. Joe Tacl, 46, is using a "medical marijuana" defense to answer charges of growing and possessing the plant at his Levy County home. Tacl's doctor testified earlier that the former car salesman has been prescribed extremely potent painkillers to deal with pain from back surgery. Tacl was run over by a van six years ago and has since had titanium rods and metal screws put in his back. Pharmacologist John Morgan testified for the defense that scientists started studying claims that marijuana fended off the nausea experienced by people getting chemotherapy in the late 1960s and early 1970s. "The answer has been quite clearly yes" it helped nausea, said Morgan, who teaches at the City University of New York and has written chapters on drugs in widely used medical texts. But revealing a lack of consensus in the medical community, Tacl's pain physician, Scott Lipoff, told jurors he couldn't recommend that Tacl smoke marijuana, in part because he believed it wasn't necessarily "good for you." Morgan testified the painkillers Tacl was prescribed, including morphine, fentinil and methadone, all could be lethal in an overdose, while he has never heard of anyone who died from smoking too much marijuana. Prosecutors attacked Morgan's testimony by pointing out that he is an advocate of decriminalizing all drugs, and is affiliated with political pro-marijuana organizations, who paid his expenses to testify. Advocates of medical marijuana usage, who are trying to get a measure on the statewide ballot legalizing the drug's use for some patients, are hoping a Levy County jury will accept Tacl's "medical marijuana defense." That might persuade prosecutors not to bring cases against marijuana users who can show they need the drug for medical reasons, said Kevin Aplin, co-founder of a national group called the "Cannabis Action Network." Six western states have legalized marijuana use for some medical purposes only. But the drug is still illegal in the eyes of the federal government, so there is no guarantee even in those states that users won't be prosecuted. It is also illegal in Florida. In June the state Supreme Court essentially gave the OK to Florida defendants to try a medical defense when charged with marijuana possession. The defense rested its case Wednesday and closing arguments will be heard Thursday. The last witness was the defendant's wife, Anne Tacl, who testified that her husband was athletic before his accident and wasn't one to complain about pain. Tacl's lawyer, Gary Wainwright, said afterward that the jury and judge saw a "shell of the man" in the courtroom. Aplin said Tacl's case is the first felony drug case against a marijuana user to go to trial since the Supreme Court ruled on the medical-necessity defense. The trial in this rural area west of Gainesville is drawing heavy attention and pro-marijuana activists have gathered at the courthouse. Another Levy County jury recently acquitted a man on misdemeanor possession of a small amount of marijuana after he claimed he needed it to deal with chronic pain. Tacl, 46, is charged with having nine marijuana plants growing on his property, having the drug in smoking form in his house and with possessing drug paraphernalia. Also charged is his 20-year-old son Michael. If convicted, they each could face 10 years in prison on the felony charges and an additional year on a misdemeanor charge for the paraphernalia. Morgan said he believes that in addition to aiding nausea, marijuana also downgrades the response in the brain to pain in some people. He said up until the mid-1800s, many western doctors recommended marijuana for their patients. Lipoff told jurors he prescribed several different medications for Tacl but none of them seemed to be much help. The ones that did offer relief made it too hard for Tacl to eat, Lipoff said. FeedbackComments? Questions? Suggestions?E-mail the website crew at info naplesnews.com.You can also use our directory to e-mail our staff directly.Or, express your opinion in a letter to the editor. Pubdate: July 29, 1999Entire contents © 1999 Naples Daily News.Doctor, Expert Testify in Medicinal-Pot Trial - 7/29/99 http://www.cannabisnews.com/news/thread2261.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by FoM on July 29, 1999 at 13:57:36 PT: Breaking News On The Tacl Case 7/29/99 -- 3:53 PMMedical MarijuanaBRONSON, Fla. (AP) - A jury Thursday rejected a man's claim that he needs marijuana to cope with the side effects of potent painkillers and convicted him on marijuana possession charges. [ Post Comment ] Comment #1 posted by FoM on July 29, 1999 at 11:45:13 PT: Doctor Testifies He Didn't Advocate Pot By DAVID ROYSE Web-posted: 9:12 p.m. July 28, 1999http://www.sun-sentinel.com/BRONSON A doctor for a man who claims he needs to smoke marijuana to cope with dreadful pain and the side effects of painkillers said on Wednesday that he did not tell the man to smoke the drug. The doctor, a pain management specialist, said he didn't think smoking marijuana was "good for you." But he said the main reason he didn't tell Joe Tacl to take it was that it is illegal. Tacl's lawyers argue it should not be in his case, because he claims it is the only thing he has found that helps him deal with the massive doses of painkillers he has had to take since being run over by a van six years ago. Advocates of medical marijuana usage, who are trying to get a measure on the statewide ballot legalizing the drug's use for some patients, are hoping a Levy County jury will accept Tacl's "medical marijuana defense." That, said Kevin Aplin, the co-founder of a national group called the Cannabis Action Network, might persuade prosecutors not to bring cases against marijuana users who can show they need the drug for medical reasons. Six Western states have legalized use of marijuana for some medical purposes only. But the drug is still illegal in the eyes of the federal government, so there is no guarantee even in those states that users won't be prosecuted. It is also illegal in Florida. In June, the state Supreme Court essentially gave the go-ahead to Florida defendants to try a medical defense when charged with marijuana possession. But that's no guarantee a jury will buy it. The six jurors in Tacl's case were expected to get the case today. Aplin said Tacl's case is the first felony drug case against a marijuana user to go to trial since the Supreme Court ruled on the medical-necessity defense. That's why the trial in this rural area west of Gainesville is drawing heavy attention, from pro-marijuana activists gathered at the courthouse to Court TV. Another Levy County jury recently acquitted a man on misdemeanor possession of a small amount of marijuana after he claimed he needed it to deal with chronic pain from a back injury. Tacl, 46, is charged with having nine marijuana plants growing on his property. He also is charged with having the drug in smoking form in his house and with possessing drug paraphernalia for smoking it. Charged along with him is his son Michael, 20. Police alleged both men told them the plants were theirs when they came to the house last year after spotting the pot from a helicopter. If convicted, they each could face 10 years in prison on the felony charges and an additional year on a misdemeanor charge for the paraphernalia. Tacl's pain management doctor, Scott Lipoff, told jurors he prescribed several different medications for his patient's pain after Tacl had metal rods and screws put in his back. None of them seemed to be much help. The ones that did offer relief made it too hard for Tacl to eat, Lipoff said. "He could not tolerate a dosage that would be adequate to control his pain," he said. Tacl eventually told Lipoff he was smoking marijuana and that seemed to help, but Lipoff said he couldn't recommend to Tacl that he continue that. Copyright 1999, Sun-Sentinel Co. & South Florida Interactive, Inc. Doctor Testifies He Didn't Advocate Pot [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: