MEDICAL MARIJUANABehind the Scene Look at Legalizing

HISTORY

Emperor Shen Nung of China used Marijuana as treatment in 2737 BC Medical marijuana use spread to Asia, Middle East, and Eastern Africa

Ancient History

19th Century

William Brooks O’Shaughnessy, MD, FRS (1841) Ohio State Medical Society was commissioned to do marijuana study

(1860) Marijuana was listed as medicine in the US Pharmacopoeia (1870)

HISTORY

Pure Food and Drug Act of 1906 Harrison Narcotics Tax Act of 1914 National Prohibition Act of 1920

20th Century

Demonization of Marijuana

William Rudolph Hearst

“MARIJUANA MAKES FIENDS OUT OF BOYS IN 30 DAYS”

“STATE FINDS MANY CHILDREN ARE ADDICTED TO WEED”

HISTORY

Father of Drug War Harry J Anslinger

Federal Bureau of Narcotics 1930 Marijuana Tax Act 1937 Boggs Act and Narcotics Control Act 1950 Controlled Substance Act 1970

20th Century cont’

DRUG SCHEDULES Controlled Substance Acts Drug Schedule

Schedule I (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.

Schedule II (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has a currently accepted medical use in treatment in the United States

or a currently accepted medical use with severe restrictions. (C) Abuse of the drug or other substances may lead to severe psychological or physical dependence.

Schedule III (A) The drug or other substance has a potential for abuse. Less than drugs or other substances in

Schedules 1 and II. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substances may lead to moderate or physical dependence or high

psychological dependence.

DRUG SCHEDULES Controlled Substance Acts Drug Schedule

Schedule IV (A) The drug or other substance has a low potential for abuse relative to the drugs or other

substances in Schedule III. (B) The drug or other substance has a currently accepted medical use in treatment in the United

States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological

dependence relative to the drugs or other substances in Schedule III.

Schedule V (A) The drug or other substance has a low potential for abuse relative to the drugs or other

substances in Schedule IV. (B) The drug or other substance has a currently accepted medical use in treatment in the United

States. (C) Abuse of the drug or other substances may lead to limited physical dependence relative to the

drugs or other substances in Schedule IV.

Waiting to Inhale

HISTORY20th Century cont’

Investigational New Drug (IND) Compassionate Access Program

Name of Patient Diagnosis Date Entered IND Marijuana Dosage* Years Status(as of 3/20/06

Douglass, Barbara Multiple sclerosis Aug. 30, 1991 Nine cured ounces (of MJ) per month

15 Still Receives Med MJ

McMahon, George Nail-patella syndrome 16-Mar-90 Eight cured ounces (of MJ) per month

16 Still Receives Med MJ

Musikka, Elvy Glaucoma Oct. 17, 1988 Eight cured ounces (of MJ) per month

18 Still Receives Med MJ

Rosenfeld, Irvin Rare bone disorder Nov. 20, 1982 Eleven cured ounces (of MJ) every 3 weeks

24 Still Receives Med MJ

Compassionate Use Act 1996

CURRENT USERS

Alaska 1.0 oz. usableCalifornia 8.0 oz. usableColorado 2.0 oz. usableHawaii 3.0 oz. usableMaine 2.5 oz. usableMichigan 2.5 oz. usableMontana 1.0 oz. usableNevada 1.0 oz. usableNew Mexico 6.0 oz. usableOregon 24 oz usableRhode Island 2.5 oz. usableVermont 2.0 oz. usableWashington 24 oz. usable

Medical Use

Money.cnn.com

21st Century

LEGISLATIVE BACKGROUND Favorable medical marijuana laws have been enacted in 36 states since

1978 Six of these laws have expired or been repealed 31 states and the District of Columbia have laws on the books that

recognize marijuana’s medical value. 9 states have therapeutic research program laws that fail to give patients

legal access to medical marijuana because of federal obstructionism

8 states and the District of Columbia solely have symbolic laws that recognize marijuana’s medical value but fail to provide patients with protection from arrest.

Since 1996, 13 States have enacted laws that effectively allow the use of medical marijuana. A 14th state Maryland, has established an affirmative defense law that protects patients who possess medical marijuana from jail sentences but not fines. Maryland’s law does not however allow cultivation

LEGISLATIVE BACKGROUND

What is an effective state law?

a state law must remove criminal penalties for patients who use and possess marijuana with their doctor’s approval and certification

Effective laws must also allow the patient to grow their own marijuana or allow a provider to do so for the patient.

LEGISLATIVE BACKGROUND Present State Law 9 of the 13 effective medical marijuana laws were enacted

through the ballot initiative process. They are as follows: Alaska, California, Colorado, Maine,

Michigan, Montana, Nevada, Oregon and Washington. The other 4 effective laws were passed state legislatures of

Hawaii, New Mexico, Rhode Island and Vermont. Hawaii and New Mexico-enacted by the governors’ signatures Rhode Island law -enacted over the governor’s veto Vermont-governor allowed the medical marijuana legislation to

become law without his signature

PRESENT FEDERAL LAW Federal government laws prohibit the use of

medical marijuana, however the federal government cannot force states to have laws that are identical to federal law nor can the federal government force state and local police to enforce federal laws.

Thus, 99% of all marijuana arrests in the nation are made by state and local (and not federal) officials.

JUDICIAL DECISIONS Since 2001 federal courts have handed down decisions on 3 significant

medical marijuana cases: US Oakland Cannabis Buyers’ Cooperative (OCBC), Gonzales v Raich and Conant v Walters

In OCBC the federal court decided that medical necessity cannot be used to avoid a federal conviction for marijuana distribution

In the Raich case the court held that the federal government can arrest and prosecute patients in states where medical marijuana is legal under state law.

In the Conant case, the Ninth Circuit held that doctors cannot be prosecuted for recommending medical marijuana to their patients

LEGAL IMPLICATIONS The medical use of marijuana remains a criminal offense under

federal law

Federal marijuana penalties assign up to 1 year in prison for as little as one marijuana cigarette and up to 5 years for growing even 1 plant. There is no exception for medical use of marijuana and several states channel this law.

There were 86,627 marijuana arrests in the United States in 2006, 89 % of which were for possession only. Even if 1% of those arrested used it for medical reasons, then there will be more than 7,000 medical marijuana arrests every year!

It must be noted that even though patients can be penalized at the federal level for violating federal marijuana laws, a state government is not required to have identical laws

CHANGING FEDERAL LAW ?

The Federal Controlled Substances Act of 1970 established a series of five “schedules” (categories) into which all illicit and prescription substances are placed

Schedule I (marijuana)- the substance as having a high potential for abuse and no currently accepted medical use in treatment in the U.S

Schedule II: substances are however are defined as having accepted medical use but with severe restrictions. For example: Cocaine, Opium

Schedule III, IV and V: are progressively less restrictive. Examples: Anabolic steroids, Hydrocodone

CAN FEDERAL LAW BE CHANGED? DEA: Has the authority to move marijuana to into a less restrictive

schedule since US Secretary of Health and Human Services (HHS) : can declare that

marijuana meets sufficient standards of safety and efficacy since the FDA is part of the US Department of Health and Human Services.

Congress: can change it by perhaps passing a bill to move marijuana to a less restrictive schedule since it created the Controlled Substance Act (CSA) . Congress can also remove the criminal penalties for the medical use of marijuana regardless of what schedule it is in

ISSUES OF MEDICAL MARIJUANA USEControversial

Smoking

Control

California

POLICY & ADMINISTRATION IMPLICATIONS

Should the Federal Government step in?

California 17.5 million in seized marijuana this year Dispensaries increase Production increase Enforcement increase

Director of State Division of Law Enforcement – George Anderson- “I do think its increasing”

WHO SHOULD PROSECUTE?

Use of Federal Resources Attorney General Eric H. Holder Jr. –” It will not be a priority to use

federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana.”

What this means for non-medical users on a federal level The Federal Government will not tolerate misuse of the law, but who will monitor

it?

Department of Health and Human Services

State Enforcement How do states monitor this “misuse”

Consider California Considering Iowa

NON GOVERNMENTAL ORGANIZATIONS

Changing customer service needs

Shifting the paradigm from marijuana the drug to marijuana the medicine

Complying with the accommodations set forth by new state laws

EXAMPLES Hospitals

Private not-for-profit colleges and universities

OUR POSITION Regulation Law enforcement Medical alternative Courtroom implications Greater good