Medical marijuana
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Transcript of Medical marijuana
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