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Medical Marijuana

New Synthetic Marijuana Products: Are They Medicine?

Recent press coverage about synthetic marijuana products (commonly known as Spice and K2) is unsurprisingly leading more people to try them. Interestingly, the drug is catching on with sick people in Kansas, where medical marijuana remains illegal:

Spice is designed to produce profoundly similar effects to herbal cannabis, so it makes sense that patients are finding it helpful. There's still a lot we don't know about it, but cannabinoid research is generally associated with a number of promising medical applications and it wouldn't surprise me to learn that the drug has something to offer.

At the very least, I'd give more weight to the claims from sick people who say it's helping them than to the claims from police and politicians that say it's potentially deadly.

Update: Uh-oh, it looks like the prohibition effort in Kansas is moving faster than I thought:

Topeka — The Senate on Thursday approved a bill that makes illegal the substances in K2 that law officials say produce a marijuana-like high. The legislation now goes to Gov. Mark Parkinson, who has said he supports the ban. [LJWorld.com]

I suppose you can make something illegal pretty fast if you don't waste time on scientific research or rational discussion.

Opponents of Medical Marijuana Should Just Give Up

This month has brought some of the most high-profile backlash we've seen since Obama's new medical marijuana policy took effect. DEA raids of a grower and two laboratories in Colorado as well as an escalating campaign by the Los Angeles DA to completely prohibit sales on his turf have again raised the stakes in a debate that many believed was almost over.

Given the rich history of obstructionism and demagoguery we've learned to expect from hard-line drug warriors, none of this is terribly surprising. But in light of the current political climate, it's really rather unclear what the opposition's gameplan is. Who's calling the shots? What's their motive? How do they expect this to play out? Having lost one public battle after another, it seems the anti-medical marijuana crusaders would want to perform some sort of cost/benefit analysis before wading once again into the political waters where they've been slowly drowning for a decade now.

Does the DEA really want to defend raiding laboratories that do nothing but test cannabis for harmful impurities? What law-enforcement interest is served by this? They tried to frame it as an administrative matter necessitated by the lab's formal permit application, but they sure as hell didn't make an appointment before crashing in there. Maybe they're more interested in the clients than the lab itself, but even if you had a database of every medical grower in the state, what would you do with it? Arresting even one of them is a political minefield.

Similarly, Los Angeles DA Steve Cooley's efforts to ban sales are so far out of step with everything around him that it's just impossible to guess what he hopes to accomplish. Even Attorney General Brown's guidelines explicitly permit distribution and there's no question at all where the people of California stand on this. Cooley is playing with fire here and he should really get a hold of himself before his madness becomes Exhibit A for the full-legalization campaign that's hitting the ballot in California this Fall.

Under Bush, I tended to assume that periodic raids and harassment were a political strategy aimed at confusing legislators in prospective medical marijuana states, but the new DOJ policy preemptively nullifies whatever dubious value that tactic may have had. Presently, it seems that medical marijuana's most impassioned enemies are at war with an inevitable reality. This isn't going to go away because nobody wants that except you. A career in law-enforcement offers many opportunities to be a hero, but this isn’t one of them.

Employment Discrimination Against Medical Marijuana Patients Must End

If 80% of Americans support medical marijuana, why do we keep hearing stories like this one:

Jane Roe has suffered from severe migraines for years… Jane tried every prescription drug imaginable but none gave her relief. She finally found the answer after receiving authorization for medical marijuana from a doctor. Not long after that, Jane was hired at a company called TeleTech. Her position involved answering customer service calls for Sprint at TeleTech's Bremerton office. Jane was up front about her situation with the company from the very start.

Roe: "I knew that I already had medical marijuana; I didn't want to have to hide it. So I went to the Human Resources Department and provided them with a copy, they said they did not want one. They told me to still go take the drug test."

Jane did as she was asked and then began her training program. On her tenth day, she was called out of the training. She was told her drug test had come back positive and she would have to leave immediately. Jane felt humiliated. [KUOW.org]

She's not the one who should be embarrassed by this. TeleTech is the second company this month to get ugly press attention for discriminating against patients. In the current political climate, only an idiot would want their business associated with this sort of reckless cruelty and prejudice.

Unfortunately, those enforcing such arbitrary policies are still hiding behind claims of conflicting laws and vague liability concerns. It might be totally incoherent, but it goes to show how federal intransigence continues to leave patients vulnerable to abuse despite improvements in enforcement policy. It's time for the White House to move beyond the argument that medical marijuana raids are a "poor use of resources," and directly acknowledge that medical use is a basic human right.

Even the worst drug warriors will be the first to insist that patients aren't arrested and jailed in the war on medical marijuana. Shouldn't firing patients from their jobs be considered comparably reprehensible?

Federal Policy on Medical Marijuana is Still a Confusing Mess

I'll be the first to tell you that medical marijuana is in a better position politically than ever before. Even the recent ugliness in Colorado doesn't approach what we've seen in years past (and you know it's true so don't accuse me of Obama-worship or naivety). But the fact remains that the current federal rules of engagement are impossibly vague and will inevitably become deeply problematic for both sides.   

LA Times explains perfectly why this is so:

The confusion can be resolved only by Washington. Fourteen states currently have medical marijuana laws, and more are likely to adopt them, multiplying the legal disarray exponentially.

The new policy of respecting state laws is already helping to expand the medical marijuana map (NJ, DC), yet the feds still claim the right to intervene at their own discretion. DEA enforcement against clear violations of state law might be tolerated politically, but their active involvement becomes less sustainable as new states enter the picture. As long as DEA maintains its authority to enforce local regulations, any inaction on their part will inevitably resemble tacit approval. It makes far more sense to step aside entirely and let state police and state courts take full responsibility for interpreting and enforcing their own laws.

If the White House wants to shield itself from political fallout over medical marijuana, the quickest and easiest approach is to get out of the game altogether.

Iowa Board of Pharmacy Recommends Medical Marijuana

The Iowa Board of Pharmacy voted unanimously Wednesday to recommend that state lawmakers reclassify marijuana as a Schedule II controlled substance and set up a task force to study how to create a medical marijuana program. Medical marijuana bills have failed to move in the state legislature, but the board's action could help spur forward momentum. Similarly to the federal Controlled Substances Act, Iowa law currently classifies marijuana as a Schedule I drug with no proven medical use and a high potential for abuse. By recommending that marijuana be rescheduled to Schedule II—a potential for abuse, but with accepted medical use—the board acknowledged the herb's medical efficacy. Given the board's initial reluctance to take up the issue, the unanimous vote comes as something as a pleasant surprise to advocates. In May 2008, Iowans for Medical Marijuana founder Carl Olsen petitioned the board to reschedule marijuana, arguing that the evidence did not support its classification as Schedule I. The board rejected that request, and Olsen, three plaintiffs, and the ACLU of Iowa sued to force it to reconsider. (See the filings in the case here). Last year, a Polk County judge ordered the board to take another look at the matter. The board again declined to reclassify marijuana, but did agree to a series of four public hearings. It was after those hearings, which were packed with medical marijuana supporters, and after a scientific review of the literature, that the board acted this week. In doing so, it becomes the first state pharmacy board in the nation to take such a step before voters or lawmakers have legalized medical marijuana. The board's action also puts it squarely in line with popular sentiment in the Hawkeye State. According to an Iowa Poll released Tuesday, 64% of Iowans want medical marijuana to be legal. Now, if only the legislature will act on the recommendation of the board and the will of the voters.

DEA Backs Down After Threatening Colorado Dispensaries

Jeffrey Sweetin of the DEA's Denver office on Saturday:

"Technically, every dispensary in the state is in blatant violation of federal law," he said. "The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment." [Denver Post]

Jeff Sweetin today:

"We are not declaring war on dispensaries," he says -- though he adds with a laugh, "If we were declaring war on dispensaries, they would not be hard to find. You can't swing a dead cat around here without hitting thirty of them."

Sweetin makes note of the fact that the DEA hasn't ever shut down a Colorado dispensary, and the agency doesn't plan on doing so unless there are aggravating factors involved -- like violence, ties to drug cartels or distribution to children. [Westword]

It sounds an awful lot like Sweetin's comments over the weekend may have resulted in somebody important telling him to calm the hell down. What goes on behind the scenes with this stuff is a mystery to me, but I doubt Sweetin figured out on his own that those nasty comments about raiding dispensaries weren't playing well in the press. I'd prefer to think maybe he got a quick phone call from Washington.

The DOJ's "official" policy of respecting state medical marijuana laws is hardly written in stone, leaving more than enough room for a nut like Sweetin to make a big mess provided that nobody yanks his leash. But if one thing is clear about medical marijuana policy under Obama, it's that they have no interest in doing battle with the 80% of Americans who support it. This latest episode isn't the first time one of the President's drug warriors has back-pedaled after making a stupid public comment about medical marijuana. There are new rules in place, and while they still leave much to be desired, it's important to appreciate the extent to which the old smash and grab medical marijuana policy has been put in check.

The point here isn’t that Obama loves medical marijuana, or that the DEA can now be counted on to behave itself. Politicians and drug war soldiers don't change overnight, but the mere expectation that the raids have ended can easily become a self-fulfilling prophecy when the media and the public generally believe such activity is now illegal in addition to being unpopular. Imagine trying to convict a medical marijuana defendant in federal court in the current political climate. If you lose, the Dept. of Justice will look impotent during a period of surging marijuana entrepreneurship, and if you win, Obama will get skewered in the press.

So if rogue DEA officials still feel compelled to go around making angry threats in the newspaper, I say bring it on. The war on medical marijuana gets less popular every time they open their mouths.

Retirement Home Fires Staffer for Medical Marijuana Use

Even though only 20% of Americans still oppose medical marijuana, there's enough lingering prejudice to create serious problems for patients. Via MPP, here's another ugly example of the workplace discrimination many medical users continue to face:

ANDERSON - Although he says he has a doctor's recommendation to smoke medical marijuana, the on-site manager of a senior apartment complex here claims he was fired by its new Southern California-based management company after he failed its drug-screening test.

The firing of Christian Hughes, 33, who has two weeks in which to leave his apartment in the well-kept complex, has raised the ire of some of those senior citizens who live comfortably at the 81-unit Regency Place Senior Apartments on Red Bud Lane. [Record-Searchlight]

Apparently, Hughes's popularity with the residents has made things complicated:

Sixty-four-year-old Diane Bethany, an apartment complex resident who started a petition drive that obtained about 60 signatures in support of Hughes, says she and many others there are upset by his firing.

"He's a terrific guy," she said, adding that he's always been protective of the residents and goes above and beyond his management duties to help them out.

I can't help but grin at the thought of a bunch of seniors signing a petition to protest an unfair marijuana policy. Hopefully, the press coverage will help Christian Hughes find new employment. Moreover, any companies that still discriminate against patients should take note of the public controversy you invite when you fire good people for bad reasons.

DEA Raids Legal Grower in Colorado, Threatens to Target Dispensaries

For the second time in as many weeks, DEA agents in Colorado raided a medical marijuana operation last Thursday. Highland Park medical marijuana patient and provider Chris Bartkowiscz had been seen showing off his basement garden Tuesday night in a blurb for an upcoming local news report. On Thursday, the DEA raided him, seizing his plants and growing equipment. Bartkowiscz has been jailed pending a decision from the US Attorney's Office on whether to charge him. That decision could come tomorrow. This despite last October's Department of Justice memorandum instructing federal agencies to lay off medical marijuana in states where it is legal—unless the provider is violating both state and federal law. DEA Denver Special Agent in Charge (SAC) Jeffrey Sweetin apparently didn't get the memo. Either that, or he is blatantly thumbing his nose at his bosses, the American attorney general and president. In a Saturday interview with local TV 9 News, Sweetin said that even though state law allows for medical marijuana, federal law does not. "We will continue to enforce the federal law. That's what we are paid to do," he said. Sweetin said the Justice Department guidelines give him discretion. "Discretion is: I can't send my DEA agents out on 10-plant grows. I'm not interested in that, it's not what we do. We work criminal organizations that are enterprises generating funds by distributing illegal substances," Sweetin said. Sweetin left open the door to go after medical marijuana dispensaries. "Technically, every dispensary in the state is in blatant violation of federal law. The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment," he told the Denver Post. "Technically, every dispensary in the state is in blatant violation of federal law." The October Justice Department memo said the feds should not go after people in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." The memo said nothing about "large grows" or dispensaries not be included. Denver medical marijuana attorney Robert Corry is waiting to see whether the feds will charge Bartkowiscz. On Saturday, he filed a complaint with the Justice Department against Sweetin and the DEA, saying the raid on Bartkowiscz violated the agency's policy on enforcing drug laws in states that allow medical marijuana. Has Sweetin gone rogue? Or is the Obama administration retreating from the position staked out in the October memo? Stay tuned.

Medical Marijuana: Colorado Bill to Rein-In Booming Scene Passes Senate

Stunned at the rapid increase in the number of registered medical marijuana patients in the state, the Colorado Senate voted overwhelmingly Monday to impose new restrictions on physicians who make medical marijuana recommendations. The Senate voted 34-1 to pass SB 109. Sponsored by Sens. Chris Romer (D-Denver) and Nancy Spence (R-Centennial), the bill would require physicians who make medical marijuana recommendations to have a "bona fide" relationship with patients, including treating a patient before he applies for medical marijuana, conducting a thorough physical exam, and providing follow-up care. The bill would also bar doctors from being paid by dispensaries to write recommendations and require that they not have any restrictions on their medical licenses. Doctors would have to keep records of all medical marijuana recommendations and provide them to state health agencies seeking to investigate doctors for violating state laws. The bill would also require persons between 18 and 21 to get recommended by two different physicians. Colorado began registering medical marijuana patients in June 2001 after voters approved a constitutional amendment legalizing its use. For years, the number of patients hovered around 2,000, but after state courts last year threw out a regulation limiting the number of patients caregivers could provide for to five and the Obama administration signaled that it was not going to interfere in medical marijuana states, the numbers exploded. By last September, there were more than 17,000 registered patients, and now the number is near 40,000. A similar boom has gone on with dispensaries, with Colorado now second only to California in their numbers. The bill was supported by Colorado law enforcement and the Colorado Medical Association, but was opposed by most medical marijuana patients and providers. "This is the beginning of the end of the Wild West" for the state's booming medical-marijuana industry, said bill sponsor Sen. Chris Romer. "This bill is an unprecedented assault on the doctor-patient privilege that would hold medical marijuana doctors to a higher standard than any other doctor," medical marijuana attorney Robert Correy told lawmakers. "This would cause human suffering. The most sick and the most poor would be disproportionately harmed. You're going to see the Board of Medical Examiners conducting witch hunts against medical marijuana providers." The bill now moves to the House.
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