Medical Marijuana Advocacy Group Sues The FDA

Medical Marijuana Advocacy Group Sues The FDA
Posted by CN Staff on March 06, 2007 at 05:44:34 PT
By Lizeth Cazares
Source: California Aggie
California -- The Food and Drug Administration's anti-medical marijuana stance is being put into question by a California advocacy group.Americans for Safe Access, the largest nationwide medical marijuana legislative group, filed a lawsuit Feb. 21 against the FDA in an effort to make the FDA repeal its stance that marijuana has no proven medical use.
Joe Elford, chief council for ASA, said there have been plenty of studies conducted that show marijuana's use for the care of HIV/AIDS patients and in pain relief."The FDA's statement that there is no proof that marijuana can be used in medical purposes is just plain-out false," Elford said. "There have been plenty of studies that show marijuana has plenty of uses. There has been an article in the Journal of the American Medical Association showing that there is medical use of marijuana." Elford added that the organization has made several past attempts to contest the FDA's stance."We've been intervening for four years in large part to correct the statement," he said. "We've created and distributed literature that demonstrates the medical benefits of medical marijuana, and in October of 2004 we filed a petition under the Health and Human Services' Data Quality Act."After two years of contesting the stance under the Data Quality Act, a provision that ensures "quality, objectivity, utility and integrity of information," the FDA finally denied the ASA's appeal. At that point, the organization decided to pursue a lawsuit."If they sincerely did not believe that marijuana had no medical use, they could have denied it in a period of two months," Elford said. "But they chose to drag it out for months to make sure it didn't go to court."Despite the lawsuit, the FDA maintains that marijuana has no basis being used as a drug.FDA spokesperson Sandy Walsh said the FDA, along with other government agencies such as the Drug Enforcement Administration, are against the use of marijuana as a medicine."There's no sound scientific evidence," she said. "It hasn't been put through a rigorous process and hasn't been proven to be safe and effective."Walsh added that medical marijuana has not gone through the application process necessary to be approved by the FDA.She said while the FDA acknowledges that medical marijuana has been proven to help with HIV and to treat nausea, the effects of using marijuana can be harmful to one's health."Smoking has been proven to be harmful," she said.She also added that the U.S. Department of Health and Human Services is against medical marijuana because the amount of THC, the active ingredient in marijuana, cannot be controlled and the drug is therefore unsafe to distribute.However, some doctors do not agree that marijuana should be prohibited for patients who could potentially benefit from its effects.Dr. Neil Flynn, infectious disease professor at the UC Davis Medical Center, said he was part of a group of doctors who sued the government in an effort to legalize the use of medical marijuana."We got all the way to the Supreme Court, who rejected it on the basis that the government has control on the use of medical marijuana," Flynn said.He added that he has seen a positive effect of marijuana on patients suffering from HIV, including weight gain and pain control. He said he has written several prescriptions for medical marijuana."I do think it has a place in medicine," he said.He said he thinks that medical marijuana should become legal for those with a valid prescription."We ought not let ideology prevent us from providing help for those who need it," he said. "It doesn't take a genius to see that it works." Note: Organization calls the agency's stance unjustified.Complete Title: Medical Marijuana Advocacy Group Sues The U.S. Food and Drug AdministrationSource: California Aggie, The (UC Davis, CA Edu)Author: Lizeth CazaresPublished: March 6, 2007Copyright: 2007 The California AggieContact: editor californiaaggie.comWebsite: Articles & Web Site:Americans For Safe Access U.S. Is Sued Over Position on Marijuana Sues Feds Over Medical Marijuana Claims
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Comment #29 posted by FoM on March 08, 2007 at 12:31:38 PT
That's really good to hear. Thank you.
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Comment #28 posted by Dankhank on March 08, 2007 at 12:00:08 PT
found this on scoop, too
Florida Gov. Crist Makes HistoryProposes to end permanent disenfranchisement of
Florida’s 600,000 ex- felons who’ve paid their debt's E him and thank him for being ... whatever .... ?
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Comment #27 posted by Toker00 on March 08, 2007 at 03:46:44 PT
What's the matter, Cheney boy? Truth got you down?
OT: But interesting.Here's a good one, Mayan, from the "Scoops" site. believe people were told to stay in the towers because of the common knowledge that Steel Frame buildings don't collapse after fire and external damage. I believe the roof doors were purposely locked to prevent anyone reaching the roof. NO ONE REACHED THE ROOF TOP OF EITHER TOWER. That's amazing.STOP THE THEORIES. Examine the Evidence. Oust the Criminals! Free the Republic!Toke.
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Comment #26 posted by Toker00 on March 07, 2007 at 03:48:19 PT
Thanks, mayan! Great Breakfast.
 	Northwest pilotWho Told GiulianiJapan may strike over weekendThe 9/11 SolutionBuilding seven photoYum. I'll save the rest for lunch.Toke.
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Comment #25 posted by HempWorld on March 06, 2007 at 21:22:10 PT
Go ASA... Give em HELL... DEA, FDA and the Fed
eral Government in general! Absorbed by special interests...Support ASA!
Nobody can stop this!
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Comment #24 posted by Sinsemilla Jones on March 06, 2007 at 21:12:52 PT
You're quite welcome, FoM.
But I couldn't of done it without Google, Wikipedia and Windows Calculator.And if New York gets in the mix, I predict we will easily get an electoral majority without either Florida or Ohio.(Tim Russert, eat your chalkboard out!)
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Comment #23 posted by FoM on March 06, 2007 at 20:33:08 PT
Sinsemilla Jones 
That is very interesting to know. Thanks.
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Comment #22 posted by Sinsemilla Jones on March 06, 2007 at 20:12:28 PT
"Only" 65 million people...
are represented by the "only" 11, er, I mean 12 med mj states.Adding "only" Texas and Illinois would be "only" 100 million, "only" a third of the population.Add Michigan, New Jersey, Tennessee, Missouri, Minnesota, South Carolina, Kentucky, Conneticut, and New Mexico to that and still "only" 23 states with "only" over half the population of the U.S. would have medical cannabis.
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Comment #21 posted by FoM on March 06, 2007 at 19:39:02 PT
Belvidere Man Says Marijuana Saved his Eyesight 
By Marissa Alter, 13 NewsMarch 6, 2007Advocates for legalizing medical marijuana use score a victory at the Illinois State Capitol.The Senate's Public Health Committee heard from doctors and patients talk about the issue, then passed a medical marijuana bill 6 to 4. Last year was the first time a similar bill made it through a Senate committee, but it stalled once it got to the floor. State Senator Dave Syverson thinks that'll probably happen again. The bill heads to the full Senate within a month. One Belvidere man says he's keeping his fingers crossed. Jim Bingenheimer says he's tired of breaking the law. "I'm 54 yrs old. It's time to speak up."Jim was diagnosed with glaucoma back in 1980. He's been on different meds and had laser surgery but he says the one thing that's helped is lighting up. "I have no doubt from this experience marijuana saved my eyesight."And medical marijuana supporters say it can do more, such as reduce spasms in people with multiple sclerosis and relieve nausea in cancer patients. But critics say there's no real proof and some point out there already is legal medical marijuana. It's a pill called Marinol, made of synthetic THC. Pharmacist Pat Donohoo says, "They have an oral tablet now that you can dispense. Some people think there's actually more stuff in the actual leaf part of it so some of the studies are showing smoking it has more benefit than taking it as the pill form but we can get the pill form in so if a doctor writes for. We have seen it for nausea in cancer patients. We can get he drug in from the wholesaler."For Jim, marijuana's been the answer since 1986. He says he's not a druggie and only smokes 3 or 4 times a day, taking several hits. But the police don't see it that way. Jim's best arrested twice for his marijuana use. He's spent two weeks in jail, but says it was worth it. "I know I'd be blind."Eleven states already have legalized marijuana for medical use.Copyright: WREX TV
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Comment #20 posted by Sinsemilla Jones on March 06, 2007 at 19:12:29 PT
So much legislation, it's hard to keep up with!
" of about a dozen medical marijuana bills currently under consideration by state legislatures across the country."Wow, that sounds like it should be national news!Let's see - Minnesota, New Mexico, Missouri, Kentucky, South Carolina, Tennessee, Illinois, New Hampshire, New Jersey, Connecticut, Michigan, Texas? Is that correct?CBS4Denver's Rick Salinger can't even keep up with how many have already made it legal, as he ends a sloppy piece on supposed loopholes to Colorado's law with, "Colorado is one of only 11 states that make medical marijuana legal.", of course it's "only" 12, but even 11 out of 50 is 22%, over 1 in 5. If just one of the proposed laws passes, we'll be over 1 in 4 at 26%, and if they all passed we'd still "only" have 48%, "only" about half the country.It's also interesting to note that half the total population of the U.S. is in "only" 9 states.
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Comment #19 posted by The GCW on March 06, 2007 at 19:08:46 PT
LTE: Turn off the lights, Al
LTE: Turn off the lights, Al winning the Academy Award for "An Inconvenient Truth," it comes out that Al Gore's household electricity consumption is 20 times the national average. His average monthly electric bill is nearly $2,500. Some have said this makes him a hypocrite, preaching one thing and practicing another. I take a more charitable view; there are several other perfectly reasonable possibilities.1. Maybe he really is a cyborg and his charging cradle draws more power than we think.2. Maybe he grows pot in the basement. If so, judging from his recent weight gain, last year's crop was especially good.3. Maybe he keeps a server farm in the house. After all, he did invent the Internet and someone's got to run it.4. Maybe Hillary paid an extended visit and he's got electric heat.Say it ain't so, Joe. Surely, the Rev. Al is not just another Gulfstream environmentalist.
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Comment #18 posted by afterburner on March 06, 2007 at 18:55:52 PT
'Cannabis is Legal if we want it. Keep wanting.'
I just watched Catch a Fire, a movie about the ANC resistance to the cruel Apartheid of South Africa."Plot Synopsis: A political thriller that powerfully tells the real-life story of a South African hero's journey to freedom. In the country's turbulent and divided times in the 1980s, Patrick Chamusso (Derek Luke) is an oil refinery foreman and soccer coach who is apolitical - until he and his wife Precious (Bonnie Henna) are jailed. Patrick is stunned into action against the country's oppressive reigning system, even as police Colonel Nic Vos (Tim Robbins) further insinuates himself into the Chamussos' lives." the police Colonel Nic Vos arrests and tortures Patrick Chamusso on faulty information, Nic Vos admitted that even he could not see Apartheid lasting more than 25 years. However, even that belief did not prevent him from acting as an unfeeling monster. The subsequent name-calling, torture, surveillance and ambushes were so reminiscent of the War on Plants, the War on Terror/Iraq, Abu Graib, and Guantanamo.I was surprised when Apartheid suddenly fell. Now, we are on the verge of a similar revival of the reputation of medical cannabis and accountability for the lies that started the invasion of Iraq.Keep the Faith.
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Comment #17 posted by mayan on March 06, 2007 at 17:56:44 PT
Judge rules police don't have to return seized pot: WAY OUT IS THE WAY IN...Northwest pilot from rural Glyndon alleges 9/11 cover-up: Told Giuliani the WTC was Going to Collapse on 9/11? Not First Example Of Media Scripting & Foreknowledge? 9/11 Solution: The big clue everybody missed: Suggests Building 7 Fires Staged? American Empire and 9/11: Record Of Illegalities Suggests Possible Role In 9/11 WTC, Pentagon Strikes: Security Courtesy of Marvin Bush:
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Comment #16 posted by FoM on March 06, 2007 at 17:28:06 PT
DEA Serves Warrant At West Hollywood MMJ Facility
 March 6, 2007WEST HOLLYWOOD, Calif. -- The Drug Enforcement Administration served a search warrant Tuesday at a marijuana facility in West Hollywood that was one of several facilities previously raided by the federal agency.Sarah Pullen of the Drug Enforcement Administration said the warrant was served at West Hollywood Caregivers at 7901 Santa Monica Blvd. about noon. She declined to say if anyone was arrested or if anything was seized.Sgt. Jay Paredes of the West Hollywood Sheriff's Station said that deputies were providing traffic and crowd control. He said a crowd gathered as the DEA agents gathered at the building. 
 West Hollywood Caregivers was raided on Jan. 17, along with four other medical marijuana facilities of the seven in West Hollywood.The January raid came a day after the West Hollywood City Council toughened city laws governing the agencies. West Hollywood has been a staunch supporter of medical marijuana dispensaries in its city under state laws that allow them.The DEA operates under federal law which treats marijuana as an illegal substance.At the time, Councilman Jeffrey Prang, who also works for the sheriff's department, criticized the DEA action."West Hollywood has been a leader and advocate of the compassionate use of marijuana for people with HIV and other serious illnesses who find it brings them relief," Prang said.He said marijuana is known for lessening the nausea connected with chemotherapy treatments used to treat cancer and also helps people with HIV or AIDS who get "wasting syndrome." Copyright 2007 by
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Comment #15 posted by FoM on March 06, 2007 at 16:59:28 PT
MD: Lawmakers Discusses Making Marijuana Legal
Mike Hellgren, ReportingMarch 6, 2007(WJZ) ANNAPOLIS, Md. -- Lawmakers are discussing making marijuana legal.If the drug becomes legal it would decriminalize its use for those with medical conditions including cancer, HIV, AIDS, Hepatitis C, and Glaucoma and it would be restrictions on who could get the drug. Mike Hellgren reports no one with with a felony or drug conviction could obtain the drug. People who are prescribed the drug could only get 2.5 ounces or 12 plants. One supporter was not shy about lighting up, in public near the State House Tuesday.Irvin Rosenfeld says, "This is normal medicine it's like a diabetic injecting insulin." Rosenfeld says it relaxes his muscles and releases pain from a debilitating medical condition. "I had bone tumors throughout my body" adds Rosenfeld. The controversy stems from House Bill 1040. This bill would establish a registry of medical marijuana users, allow judges to review who's on the list, and it would have no penalties for doctors who prescribe it.Employees who use the drug, would be prevented from job and employment discrimination. Eleven states allow medical marijuana use with no penalties. If Maryland is approved it would become the 12th. The bill is still in committee so, we will have to wait and see if marijuana will be approved.Copyright: MMVII, CBS Broadcasting Inc
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Comment #14 posted by FoM on March 06, 2007 at 16:01:36 PT
Medical Marijuana Bill Clears Senate Committee
Bill Expected to Receive Full Senate Vote Within a MonthMarch 6, 2007SPRINGFIELD, ILLINOIS — Members of the Illinois Senate Public Health Committee passed a medical marijuana bill, 6–4, after receiving written and oral testimony from medical professionals, patients, and policy experts today.S.B. 650, introduced by Sen. John Cullerton (D-Chicago), is one of about a dozen medical marijuana bills currently under consideration by state legislatures across the country. Medical marijuana policy experts said they expect the bill, which would protect from arrest seriously ill patients who use medical marijuana with a doctor's recommendation, to go to the Senate floor for a full vote within a month.Committee members heard testimony from multiple sclerosis patient and Illinois Drug Education and Legislative (IDEAL) Reform board member Julie Falco of Chicago. They also considered written testimony from several other patients and experts, including registered nurse and multiple sclerosis patient Gretchen Steele of Coulterville, and psychiatrist Dr. Zulima Hurtado of Round Lake Park, who argued that her experience treating patients indicated medical choices are best left between doctors and patients."Medical treatment as a whole should be a choice between a doctor and the patient," she wrote. "The operative word being choice."A registered nurse, Steele testified that medical marijuana was able to effectively and safely treat her symptoms when other more dangerous drugs failed."I can tell you from firsthand experience that marijuana works better to control the spasticity, neuropathic pain, and tremors than do any of the myriad prescription medications that I currently take," she wrote to the committee. "The fact that it is perfectly legal for my doctors to prescribe morphine, OxyCodone, diazepam, hydrocodone, and other drugs that are not only highly addictive but have many unpleasant side effects, yet it remains illegal to recommend marijuana, is beyond reasoning."Although federal law makes patients who use doctor-recommended medical marijuana criminals, 11 states have effective laws protecting patients for whom serious research proves the medicine is safe and effective, including those suffering from symptoms associated with life-threatening diseases such as cancer, HIV/AIDS, multiple sclerosis, and hepatitis C."Today, committee members made a sensible, compassionate decision to square the state's laws with the facts about medical marijuana," said Karen O'Keefe, MPP assistant director of state policies. "Thanks to them, seriously ill patients here may soon be able to focus on fighting their debilitating symptoms, and not on the fear of arrest and jail for simply following their doctor's treatment regimen."With more than 20,000 members and 100,000 e–mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://www.MarijuanaPolicy.org
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Comment #13 posted by MikeEEEEE on March 06, 2007 at 15:20:10 PT
There is TRUTH in what you say.And there is a steady (sometimes slow) shift occuring.
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Comment #12 posted by Toker00 on March 06, 2007 at 14:43:18 PT
Cannabis is Legal if you want it.
Would John's logic apply here, too? Certainly. All of us have wanted it legal for decades. Now others are wanting it legal, too. Many more than when our movement started so long ago. Many more just since the Economists and Doctors and Scientists and Nurses and retired Cops and Previous No. 1 Narcs and Sick people who are blessed with having care givers like Ddc who REALLY DO CARE about people, joined in the Wanting. Cannabis is Legal if we want it. Keep wanting.Toke. 
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Comment #11 posted by Toker00 on March 06, 2007 at 14:23:14 PT
Constitutional Snake in the Grass.
We need to pounce on this when given the opportunity to respond.	
Will the Supreme Court reject precedent and undermine the Establishment Clause of the First Amendment?
		Dear Y'all,If the federal government gives money directly to a religious school or organization in a manner that clearly violates the Establishment Clause of the First Amendment, can anyone sue to stop it? The answer should be obvious: any taxpayer should be able to sue to prevent his or her tax dollars from being used in a manner that is an unconstitutional establishment of religion.Unfortunately, President Bush and the religious right disagree.On Wednesday, February 28, the Supreme Court heard arguments in Hein v Freedom from Religion Foundation, a case that threatens to make the federal government completely immune from challenges when it spends money to support religion.In a 1968 court case, Flast v Cohen, the Supreme Court recognized an exception to the usual rule that a person cannot sue as a taxpayer to stop the spending of money that violates the Constitution. In that case, the Court said that the Establishment Clause of the First Amendment was meant to be a limit on Congress's taxing and spending power and that therefore taxpayers do have standing to enforce its commands.Hein v Freedom from Religion Foundation is a challenge to the Bush administration's unprecedented attempt to funnel money to religious entities providing social services. In his first days as President, George W. Bush created an Office of Faith Based and Community Initiatives for the purpose of giving money to religious institutions. The question is whether a taxpayer can bring a challenge to this as violating the Establishment Clause.It is to be hoped that the Supreme Court will reaffirm Flast v Cohen and allow taxpayers to challenge this effort to support religion with federal tax dollars. But there is a real possibility that the Court could narrow or even overrule Flast.If that happens, then there would be no way to sue to stop the federal government from giving any form of assistance to churches, synagogues, mosques, or other religious entities. The Establishment Clause could be ignored by the federal government and no one could stop it.This possibility reaffirms the importance of our nation's commitment to the separation of church and state and our fight against the religious rights's war on this American principle.Sincerely,Erwin Chemerinsky
DefCon advisory board member
Alston & Bird Professor of Law and Political Science, Duke University.P.S. Stay tuned to the DefCon Blog for updates on this case and the Court's final decision.Toke.
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Comment #10 posted by kaptinemo on March 06, 2007 at 14:00:37 PT:
They're just *dying* to get burnt in court
Arrogance of power, I suppose. They just have had their way for so long, telling lie after lie, that their mendacity has gotten as habitual as their breathing...and about as unconscious.For the rank and file, that is. The leadership knows differently, if only because their lackeys report to them the contents of sites like this. Contrary to what many of them are no-doubt hoping, when finally confronted with the incontrovertible proof they've been lying about cannabis, a defense of ignorance will not be valid, especially if some smart lawyer for our side asks them if they have spent any time looking at this and those other Websites. If they answer no, then they're lying. If they answer yes, then they have no excuse, for we've supplied countless links all these years proving them wrong.After the first two or three Governmental sacrificial lambs get spitted and roasted on the witness stand, I expect to hear a chorus of "5th Amendment!" being shouted quite nervously. It's either that or face what amounts to charges of conspiracy of lying to and defaruding the public. Charges that could actually stick, for the science stands on our side...and they know it...
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Comment #9 posted by OverwhelmSam on March 06, 2007 at 12:00:43 PT
Forgot A Question
Is smoking cannabis more dangerous than Vioxx? Prozac? (name of numerous truly dangerous prescription drugs here)?
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Comment #8 posted by FoM on March 06, 2007 at 11:18:23 PT
Those are both good articles. I feel very sorry for young people who are going to be starting their families in the near future. The antibiotics will contribute to less immunity for people in the future. I wish those in charge would get it.
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Comment #7 posted by Had Enough on March 06, 2007 at 10:59:06 PT
Why no mention of this???
FDA Approved Cannabis!!!Seems like good point to bring up to FDA, and others who believe them.********Irv Rosenfeld Celebrates 22 Years of Government-Sponsored Medical Marijuana Use
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Comment #6 posted by mai_bong_city on March 06, 2007 at 10:52:23 PT
good ol' fda....ugh.
yes, here's the fda in action for ya'.....with fools like these in charge of food and drugs, who needs enemies?
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Comment #5 posted by Truth on March 06, 2007 at 10:46:37 PT
All good things....
All good things,in all good time.Garcia/Hunter
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Comment #4 posted by FoM on March 06, 2007 at 10:03:30 PT
WP: No More Pot for Swiss Dairy Cows
Government Tells Farmers to Cut the Grass March 6, 2007 
 The party's over for Switzerland's stoner cows. The alpine nation's Ministry of Agriculture has called on farmers to stop feeding their bovines cannabis or face prosecution! Although the practice was officially outlawed in 2005 after trace quantities turned up in dairy products, farmers continued to use weed fodder since it is both cheap and easy to grow.This ramped-up war on livestock drug use comes in the wake of a much publicized ad campaign promoting the benefits of feeding animals pot. Some farmers believe that the active ingredient THC makes cows happy, and, as a result, causes them to produce more milk. But government officials are claiming that stoned cows produce weed-laced milk, which poses a health threat to consumers. Before you buy out all the Jarlsberg though, be aware that they did not go so far as to say that people could get high from eating a swiss cheeseburger. But, if the use of marijuana fodder has been going on for generations with little consequence (which population is more sober and punctual than the Swiss?), it seems the current campaign may be more about political grandstanding than public safety. Moreover, if a public demand does exist for pot-free milk, the marketplace will provide for that. Instead of threatening farmers with sanctions, why not encourage them to offer a new variety of milk called "straight-edge" (from sober, unhappy cows) to compliment existing varieties like whole, skim and soy? That way, people can choose for themselves exactly how they want to "do their body good."Copyright: 2007 Washington Post
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Comment #3 posted by dongenero on March 06, 2007 at 09:02:38 PT
She says smoking has been proven to be harmful.Weeelllll, smoking tobacco has been proven to be harmful but, we're not talking about tobacco.Cannabis was shown in a recent UofC study to not contribute to lung cancer and in fact, indications are that cannabis smoking was actually protective in cigarette smokers that also smoked cannabis.That said, I would choose a vaporizer anyway.Could the FDA be anymore backward and in need of overhaul?
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Comment #2 posted by MikeEEEEE on March 06, 2007 at 08:38:45 PT
bottom-line is $$$$$$
The D part of the FDA knows that drug companies cannot make money on a drug (herb) you can grow yourself.Want to know why:
Follow the money.
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Comment #1 posted by doc james on March 06, 2007 at 07:17:58 PT
Prescription or not, legal or illegal
it works for me where no others do. It allows me a higher quality of life, pun intended. We, all who use this miraculous herb for our personal healing are going to continue to use this "drug", until hell freezes over so go ahead and talk all the sh** you want. We know the truth and you do as well, but you can't patent a plant so great as cannabis so you demonize it along with those who choose to use it. We don't care about your silly rules or should I say silly way of thinking. Just as a tiger cannot change it's stripes and a muslim peoples will never accept democracy, we will never accept your falsehoods about our most precious herb.
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