MedicalMJ.org - News and Facts About Medical Marijuana

Medical Marijuana Update

From the US Supreme Court to the local city council chambers, medical marijuana continues to be a contentious issue. Here's the latest.

[image:1 align:right]National

On Monday, the US Supreme Court declined to hear a case brought by medical marijuana patients. The four California plaintiffs had argued that local bans on dispensaries denied their right to equal treatment under the Americans With Disabilities Act. But the high court refused to hear their appeal.

California

Last Wednesday, Garden Grove officials reported that 62 dispensaries had closed by the city's midnight deadline. The previous week, Garden Grove police sent out letters ordering them to close. The previous night, the city council got an earful from aggrieved medical marijuana patients, more than a hundred of whom packed the council chambers and adjoining rooms. At the end of the meeting, Mayor Bruce Broadwater essentially told them to get lost. "If you want to smoke marijuana, do it in another city," he said. "Don't do it in Garden Grove."

Last Thursday, medical marijuana backers sued the city of Long Beach over its decision that a petition to overturn the city's ban on dispensaries was insufficient. According to the city clerk, petitioners came up short, but petitioners dispute that finding and are seeking to have signatures removed as invalid added back to the petitions. Alternately, they are asking for the city to hold a special election on whether to ban or regulate dispensaries.

Also last Thursday, medical marijuana supporters rallied in San Bernardino. About three dozen people gathered at city hall to demand that the city stop shutting down medical marijuana dispensaries. The city has moved aggressively against dispensaries since the state Supreme Court ruled May 6 that local bans are allowed.

Last Friday, the city of Anaheim ordered dispensaries in the city to close. Citing the Supreme Court decision, tt issued a notice to cease operations to all 11 dispensaries known to operate there. They must close by this Friday or face possible fines and criminal charges. The city had banned dispensaries via an ordinance in 2007 and followed that up with 2011 moratorium aimed at up to 143 dispensaries that had opened anyway. The city had managed to close all but 11, seven of which had opened prior to the moratorium.

Also last Friday, a Marin County grand jury slammed the county for failing to provide access to medical marijuana for patients. In a new report, titled "Medical Marijuana: Up in Smoke," the grand jury lamented the closure of medical marijuana facilities in the county and criticized both county and local officials for failing to support the Compassionate Use Act. The grand jury recommended that the Board of Supervisors "respect the will of the voters and the intention of the Compassionate Use Act by using its authority to uphold access to medical marijuana within the county" and develop a set of ordinances to regulate dispensaries.

Also last Friday, Palm Springs shuttered two dispensaries operating in the city. They had been ordered to close last Wednesday, and police went out to ensure they had. There are still three dispensaries left in the city, but officials are going after those, too.

On Monday, the California Senate passed a bill aimed at allowing dispensaries to operate. The bill, Senate Bill 439, says that collectives, cooperatives and other business entities can receive reasonable compensation for the services they provide, and will not be prosecuted as long as they comply with security and reporting guidelines drafted by the state Attorney General. The bill now moves to the Assembly.

Also on Monday, San Diego Mayor Filner called for jury nullification in a local dispensary case. Filner was addressing the prosecution of Ronnie Chang, a dispensary operator arrested during a 2009 crackdown. "This is way overdoing it when local laws, state laws allow compassionate use of medical marijuana," Filner told reporters at the downtown US District Court complex. "Someone should not be going through this stage of prosecution for trying to help people to have access to medical marijuana."

On Tuesday, Los Angeles voters approved a measure to regulate and cap the number of dispensaries. Proposition D would tax and regulate dispensaries and cap their number at about 135 -- the number of dispensaries operating when the city council enacted a moratorium in 2007. A measure that would have allowed an unlimited number of taxed and regulated dispensaries failed. The council had previously voted unanimously to ban dispensaries entirely, allowing on patient growing coops, but reversed itself after Prop D was filed.

Also on Tuesday, the San Jose city council voted to raise the tax on dispensaries to 10%.San Jose voters in 2010 approved a tax on medical marijuana providers of up to 10% of gross receipts. The council later that year set the rate at 7%, with collection beginning in March 2011. The current 7% tax rate generates $3.9 million annually for the cash-strapped city, and hiking the tax should raise another $1.5 million, city officials said.

Michigan

On Monday, the Michigan Supreme Court held that medical marijuana patients are not covered by the state's zero-tolerance drugged driving law when the charge is based merely on the presence of THC in the bloodstream. The ruling will protect thousands of state medical marijuana patients. The ruling came in the case of Rodney Koon, a patient who was charged with DUI because of the presence of THC despite not having used it within the last six hours.

New York

On Monday, a new poll showed that 82% of New Yorkers support medical marijuana. The poll comes as there are bills pending in both the Assembly (A06357) and Senate (S04406) to adopt medical marijuana.

Ohio

Last Friday, the Ohio attorney general certified a medical marijuana initiative. The Ohio Cannabis Rights Amendment was certified for signature-gathering after supporters turned in 1,000 initial signatures. It would protect Ohioans rights to "medical, therapeutic, and industrial cannabis." To qualify for the ballot, supporters must now gather more than 300,000 additional signatures.

Oregon

Last Friday, a bill to add PTSD to the list of ailments that can be treated by marijuana passed the House Health Committee and is headed for the House floor. Senate Bill 281 would expand the state's medical marijuana program to allow prescriptions to alleviate post-traumatic stress disorder. Another bill, House Bill 3460, which would allow dispensaries, is also moving in the House.

Washington

Last Friday, a Spokane medical marijuana farmers market said it would not open after the operators received a cease and desist letter from US Attorney Michael Ormbsy. The market would have brought growers and patients together just like they were selling fresh vegetables except it would have been marijuana to card holding patients. The owners of the market say they don't have any plans of re-opening until their attorney formulates a plan of action.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]


LA Voters Approve Medical Marijuana Dispensary Regulation, Cap

Voters in Los Angeles Tuesday approved one of two active initiatives aimed at ensuring that medical marijuana dispensaries will be allowed in California's largest city. The winning measure, Proposition D, would limit the number of dispensaries to about 135 and impose other restrictions on them. A competing measure, Ordinance F, would have imposed no restrictions on the number of dispensaries in the city.

[image:1 align:right]With 38% of the votes counted, early Wednesday morning, Prop D was passing handily with 63% of the vote, while Ordinance F was losing with only 43%. If both measures had polled over 50%, the one with the most votes would have been enacted. A third measure, Ordinance E, would also have regulated dispensaries, but its backers switched their support to Prop D. Ordinance E was losing with 37%.

The vote comes just days after the California Supreme Court clarified that local governments can indeed totally ban -- not just regulate -- dispensaries, a move that the city council embraced last year. It was the council's move to ban dispensaries that led to three separate initiatives to allow and regulate them.

The city council and parts of the city's medical marijuana community had backed Prop D, while dispensary operators who would be locked out by the dispensary cap had backed the more expansive Ordinance F. Ordinance F would have allowed a virtually unlimited number of dispensaries to operate.

The city council has been grappling for years to get a handle on the dispensary issue. The current number is estimated at somewhere between 500 and 1,000.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]


Illinois Legislature Passes Medical Marijuana Bill

With a final vote by the state Senate Friday, the Illinois legislature has finally approved a medical marijuana bill. It only took ten years.

[image:1 align:left caption:true]If Gov. Patrick Quinn (D) signs it into law, Illinois will become either the 19th or the 20th medical marijuana state, depending on whether similar legislation in New Hampshire gets approved first. Quinn has signaled that he approves of medical marijuana, but has made no definitive statement about whether he would sign or veto the bill, so Illinois activists and the Marijuana Policy Project (MPP) are calling on supporters to keep up the pressure. On Sunday, Lt. Gov. Sheila Simon said she supported the bill.

If the bill is signed into law by the governor, Illinois will become the first state in the Midwest to approve medical marijuana through the legislative process. Michigan approved it in 2008, but that was via a voter initiative.

The bill, House Bill 1, would allow patients with qualifying medical conditions and a doctor's recommendation to use marijuana and purchase it through a network of up to 60 state-regulated dispensaries. The state will also allow up to 22 growers to supply the dispensaries. There are no provisions for patient or caregiver home cultivation.

"We applaud the Illinois legislature for taking action and adopting this widely supported and much-needed legislation," said Dan Riffle, MPP deputy director of government relations. "The final product is a comprehensive and tightly controlled system that will allow individuals with serious illnesses to safely and legally access medical marijuana with their doctors' supervision."

The bill was sponsored in the House by Rep. Lou Lang (D-Skokie) and in the Senate by former state’s attorney Sen. William Haine (D-Alton). It designates the Illinois Department of Agriculture, Department of Health, and Department of Financial & Professional Regulation to  regulate the cultivation, acquisition, and distribution of marijuana.

 "We are hopeful that Gov. Quinn will join legislators and the vast majority of Illinois voters in supporting this proposal," Riffle said. "Marijuana has proven medical benefits, regulating it works, and there is broad public and legislative support for doing it. This is a no-brainer."

Relative Addictive Properties of Various Commonly Used Drugs

relative dangers and addictive properties of various drugs
Source: Dr. Jack E. Henningfield, Ph.D. for NIDA. Reported by: Philip J. Hilts, New York Times, Aug. 2, 1994 "Is Nicotine Addictive? It Depends on Whose Criteria You Use."
Image courtesy of Drug War Facts.

Medical Marijuana News Update

Marijuana is medicine for millions of patients around the US. Click here for medical marijuana news. Federal opposition persists in spite of successful medical marijuana programs in several states. States, cities moving to allow medical use by those in need.

For more information on medical marijuana and other drug policy reform issues, check out the Common Sense for Drug Policy. For the facts about medical marijuana, check out Drug War Facts: Medical Marijuana, and this CSDP public service ad on medical cannabis to learn more.

For The Latest News Check Out:

Common Sense for Drug Policy

Americans For Safe Access

Media Awareness Project

Drug Reform Coordination Network

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Get Active!

Help make sure that patients can access medical cannabis safely and legally. Americans for Safe Access maintains this terrific Take Action page on their site to help you decide what actions you can take. Common Sense for Drug Policy also maintains this organizers' toolkit on their website.

Meet The Patients

The US Justice Department continues to stand between patients and their medicine. Click here to meet some of the patients and read their stories, and learn why this issue is so important.

The drug war lies on a foundation of myth. Learn the truth. Get the facts. Drug War Facts is your premier information source, offering uptodate information with full citations to aid in further research. Individual sections as well as full edition available electronically at DrugWarFacts.org. Get the facts about medical marijuana, prisons, drug treatment, syringe exchange, and more.
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Marijuana Is Safe, Effective Medicine

Cannabis, or marijuana as it is often called when referring to the drug form of the plant, is an effective medicine that is relatively safer than many commonly-used pharmaceutical products. In the last several decades US doctors and patients have been denied legal access to this substance. Click here to read this well-researched article about the medical benefits of cannabis and learn more about its uses.

Get Informed!

Get the facts about medical cannabis from Drug War Facts.
NORML's website provides a great deal of useful medical cannabis information. California NORML maintains this list of CA medical cannabis resources. Access hundreds of articles on medical cannabis from the popular press.

The US Justice Department is pressing forward with an aggressive campaign to prosecute medical marijuana offenders in spite of California's medical marijuana law (Prop 215) and in defiance of efforts by local officials to support legal medicine for patients. Targets have included prominent medical marijuana patients groups, caregivers, and individual patients attempting to grow medicine for themselves.... Click here for more.

Top Stories On The Web

US AK: America: What's More Harmful, Pot Use Or Incarceration?

Alaska Dispatch, 22 May 2013 - NEW YORK - Danielle Bradford was raised in state custody because of her parent's abuse and drug dependencies. When she was 18 she moved out, found work at a local waffle shop and got her first apartment in Nashville, Tenn. Her estranged father helped by co-signing on the lease.

US AZ: Column: Progress Rolls Forward

Tucson Weekly, 23 May 2013 - State-by-state, like a giant sticky ball, the cause of medical marijuana makes progress There's a video game called Katamari Damacy that lets you roll a tiny adhesive ball around on the screen, picking up anything you roll over. You start by picking up tiny things, like pens or pencils or silverware. Eventually you are picking up bigger and bigger things, like trees, houses, office buildings and stadiums, then planets and comets.

US PA: OPED: Want To Legalize Pot? Here's How

The Patriot-News, 22 May 2013 - The first time I talked to Mark Kleiman, a drug policy expert at UCLA, was in 2002, and he explained why legalization of marijuana was a bad idea. Sure, he said, the government should remove penalties for possession, use and cultivation of small amounts. He did not favor making outlaws of people for enjoying a drug that is less injurious than alcohol or tobacco. View full size But he worried that a robust commercial marketplace would inevitably lead to much more consumption. You don't have to be a prohibitionist to recognize that pot, especially in adolescents and very heavy users, can seriously mess with your brain.

US CA: Enforcing L.A. Pot Law Won't Be Easy

Los Angeles Times, 23 May 2013 - Lawsuits and Other Challenges Await Measure Reducing Number of Shops. Los Angeles voters took regulation of the city's medical marijuana shops into their own hands Tuesday, embracing a ballot measure to sharply reduce the number of dispensaries in the city.

CN ON: Niagara's Growing Problem

The Niagara Falls Review, 22 May 2013 - After four years spent investigating marijuana grow operations, not much surprises Luigi Greco anymore. "There's no rhyme or reason," said Greco, a detective sergeant with the Niagara Regional Police. "They can pop up in small crescents, on major streets, in apartment buildings. Whoever has the desire to do it and wherever they have the opportunity, they do it."

CN ON: A Growing Problem

The Tribune, 22 May 2013 - After four years spent investigating marijuana grow operations, not much surprises Luigi Greco anymore. "There's no rhyme or reason," said Greco, a detective sergeant with the Niagara Regional Police. "They can pop up in small crescents, on major streets, in apartment buildings. Whoever has the desire to do it and wherever they have the opportunity, they do it."

CN BC: Medical Pot Grows OK Says RDCK

Nelson Star, 22 May 2013 - Growing medical marijuana is fine, the Regional District of Central Kootenay says, so long as it's on agricultural land. The board passed a resolution Thursday confirming medical pot operations are allowed in areas zoned agricultural or that fall within the agricultural land reserve.

US MA: Stoughton Officials Troubled By Medical Marijuana Law

The Enterprise, 22 May 2013 - Pair of Zoning Articles Would Limit Where Dispensaries Could Operate STOUGHTON - The legalization of medical marijuana in Massachusetts, and the prospect of a dispensary opening in Stoughton, has town officials concerned that it will send the wrong message and encourage more illicit use of the drug by children.

US IL: Column: Medicinal Pot Is Coming. Why It's Not Time to

Chicago Tribune, 22 May 2013 - If it goes through, we'll see a trade-off. Increases in addiction, crime and family dissolution along with assorted benefits. But enough about the proposed expansion of casino gambling in Illinois.

Medical Marijuana

Courtesy of Drug War Facts, a project of Common Sense for Drug Policy.

  1. Since 1996, ten states have legalized medical marijuana use: AK, AZ, CA, CO, HI, ME, NV, OR, VT and WA. Eight of the ten did so through the initiative process, Hawaii's law was enacted by the legislature and signed by the governor in 2000, and Vermont's was enacted by the legislature and passed into law without the governor's signature in May 2004.

    Source:  National Organization for the Reform of Marijuana Laws (NORML), from the web at http://www.norml.org/index.cfm?Group_ID=3391, last accessed Oct. 9, 2004.

  2. The Institute of Medicine's 1999 report on medical marijuana stated, "The accumulated data indicate a potential therapeutic value for cannabinoid drugs, particularly for symptoms such as pain relief, control of nausea and vomiting, and appetite stimulation."

    Source: Janet E. Joy, Stanley J. Watson, Jr., and John A Benson, Jr., "Marijuana and Medicine: Assessing the Science Base," Division of Neuroscience and Behavioral Research, Institute of Medicine (Washington, DC: National Academy Press, 1999).

  3. The Institute of Medicine's 1999 report on medical marijuana examined the question whether the medical use of marijuana would lead to an increase of marijuana use in the general population and concluded that, "At this point there are no convincing data to support this concern. The existing data are consistent with the idea that this would not be a problem if the medical use of marijuana were as closely regulated as other medications with abuse potential." The report also noted that, "this question is beyond the issues normally considered for medical uses of drugs, and should not be a factor in evaluating the therapeutic potential of marijuana or cannabinoids."

    Source: Janet E. Joy, Stanley J. Watson, Jr., and John A Benson, Jr., "Marijuana and Medicine: Assessing the Science Base," Division of Neuroscience and Behavioral Research, Institute of Medicine (Washington, DC: National Academy Press, 1999).

  4. In the Institute of Medicine's report on medical marijuana, the researchers examined the physiological risks of using marijuana and cautioned, "Marijuana is not a completely benign substance. It is a powerful drug with a variety of effects. However, except for the harms associated with smoking, the adverse effects of marijuana use are within the range of effects tolerated for other medications."

    Source: Janet E. Joy, Stanley J. Watson, Jr., and John A Benson, Jr., "Marijuana and Medicine: Assessing the Science Base," Division of Neuroscience and Behavioral Research, Institute of Medicine (Washington, DC: National Academy Press, 1999).

  5. The Institute of Medicine's 1999 report on medical marijuana examined the question of whether marijuana could diminish patients' immune system - an important question when considering marijuana use by AIDS and cancer patients. The report concluded that, "the short-term immunosuppressive effects are not well established but, if they exist, are not likely great enough to preclude a legitimate medical use."

    Source: Janet E. Joy, Stanley J. Watson, Jr., and John A Benson, Jr., "Marijuana and Medicine: Assessing the Science Base," Division of Neuroscience and Behavioral Research, Institute of Medicine (Washington, DC: National Academy Press, 1999).

  6. "Conclusions: Smoked and oral cannabinoids did not seem to be unsafe in people with HIV infection with respect to HIV RNA levels, CD4+ and CD8+ cell counts, or protease inhibitor levels over a 21-day treatment."

    Source:  Abrams, Donald I., MD, et al., "Short-Term Effects of Cannabinoids in Patients with HIV-1 Infection - A Randomized, Placebo-Controlled Clinical Trial," Annals of Internal Medicine, Aug. 19, 2003, Vol. 139, No. 4 (American College of Physicians), p. 258.

  7. "This study provides evidence that short-term use of cannabinoids, either oral or smoked, does not substantially elevate viral load in individuals with HIV infection who are receiving stable antiretroviral regimens containing nelfinavir or indinavir. Upper confidence bounds for all estimated effects of cannabinoids on HIV RNA level from all analyses were no greater than an increase of 0.23 log10 copies/mL compared with placebo. Because this study was randomized and analyses were controlled for all known potential confounders, it is very unlikely that chance imbalance on any known or unknown covariate masked a harmful effect of cannabinoids. Study participants in all groups may have been expected to benefit from the equivalent of directly observed antiretroviral therapy, as well as decreased stress and, for some, improved nutrition over the 25-day inpatient stay."

    Source: Abrams, Donald I., MD, et al., "Short-Term Effects of Cannabinoids in Patients with HIV-1 Infection - A Randomized, Placebo-Controlled Clinical Trial," Annals of Internal Medicine, Aug. 19, 2003, Vol. 139, No. 4 (American College of Physicians), p. 264.

  8. "Nevertheless, when considering all 15 studies (i.e., those that met both strict and more relaxed criteria) we only noted that regular cannabis users performed worse on memory tests, but that the magnitude of the effect was very small. The small magnitude of effect sizes from observations of chronic users of cannabis suggests that cannabis compounds, if found to have therapeutic value, should have a good margin of safety from a neurocognitive standpoint under the more limited conditions of exposure that would likely obtain in a medical setting."

    Source:  Grant, Igor, et al., "Non-Acute (Residual) Neurocognitive Effects Of Cannabis Use: A Meta-Analytic Study," Journal of the International Neuropsychological Society (Cambridge University Press: July 2003), 9, pp. 687-8.

  9. In spite of the established medical value of marijuana, doctors are presently permitted to prescribe cocaine and morphine - but not marijuana.

    Source: The Controlled Substances Act of 1970, 21 U.S.C. §§ 801 et seq.

  10. Organizations that have endorsed medical access to marijuana include: the Institute of Medicine, the American Academy of Family Physicians; American Bar Association; American Public Health Association; American Society of Addiction Medicine; AIDS Action Council; British Medical Association; California Academy of Family Physicians; California Legislative Council for Older Americans; California Medical Association; California Nurses Association; California Pharmacists Association; California Society of Addiction Medicine; California-Pacific Annual Conference of the United Methodist Church; Colorado Nurses Association; Consumer Reports Magazine; Kaiser Permanente; Lymphoma Foundation of America; Multiple Sclerosis California Action Network; National Association of Attorneys General; National Association of People with AIDS; National Nurses Society on Addictions; New Mexico Nurses Association; New York State Nurses Association; New England Journal of Medicine; and Virginia Nurses Association.

  11. A few of the editorial boards that have endorsed medical access to marijuana include: Boston Globe; Chicago Tribune; Miami Herald; New York Times; Orange County Register; and USA Today.

  12. Many organizations have favorable positions (e.g., unimpeded research) on medical marijuana. These groups include: The Institute of Medicine, The American Cancer Society; American Medical Association; Australian Commonwealth Department of Human Services and Health; California Medical Association; Federation of American Scientists; Florida Medical Association; and the National Academy of Sciences.

  13. The Controlled Substances Act of 1970 established five categories, or "schedules," into which all illicit and prescription drugs were placed. Marijuana was placed in Schedule I, which defines the substance as having a high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision. To contrast, over 90 published reports and studies have shown marijuana has medical efficacy.

    Source: The Controlled Substances Act of 1970, 21 U.S.C. §§ 801 et seq.; Common Sense for Drug Policy, Compendium of Reports, Research and Articles Demonstrating the Effectiveness of Medical Marijuana, Vol. I & Vol. II (Falls Church, VA: Common Sense for Drug Policy, March 1997).

  14. The U.S. Penal Code states that any person can be imprisoned for up to one year for possession of one marijuana cigarette and imprisoned for up to five years for growing a single marijuana plant.

    Source: The Controlled Substances Act of 1970, 21 U.S.C. §§ 801 et seq.

  15. On September 6, 1988, the Drug Enforcement Administration's Chief Administrative Law Judge, Francis L. Young, ruled:
    "Marijuana, in its natural form, is one of the safest therapeutically active substances known....[T]he provisions of the [Controlled Substances] Act permit and require the transfer of marijuana from Schedule I to Schedule II. It would be unreasonable, arbitrary and capricious for the DEA to continue to stand between those sufferers and the benefits of this substance."

    Source: US Department of Justice, Drug Enforcement Agency, "In the Matter of Marijuana Rescheduling Petition," [Docket #86-22] (September 6, 1988), p. 57.

  16. The DEA's Administrative Law Judge, Francis Young concluded: "In strict medical terms marijuana is far safer than many foods we commonly consume. For example, eating 10 raw potatoes can result in a toxic response. By comparison, it is physically impossible to eat enough marijuana to induce death. Marijuana in its natural form is one of the safest therapeutically active substances known to man. By any measure of rational analysis marijuana can be safely used within the supervised routine of medical care."

    Source: US Department of Justice, Drug Enforcement Agency, "In the Matter of Marijuana Rescheduling Petition," [Docket #86-22], (September 6, 1988), p. 57.

  17. Between 1978 and 1997, 35 states and the District of Columbia passed legislation recognizing marijuana's medicinal value.
    States include: AL, AZ, AR, CA, CO, CT, FL, GA, IL, IA, LA, MA, ME, MI, MN, MO, MT, NV, NH, NJ, NM, NY, NC, OH, OK, OR, RI, SC, TN, TX, VT, VA, WA, WV, and WI.

For additional research on medical marijuana, see this excellent analysis of medical marijuana research by Common Sense for Drug Policy President Kevin B. Zeese and this update from Common Sense for Drug Policy, as well as the Drug War Facts section on marijuana.
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