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Medical Marijuana

Meanwhile...

Meanwhile, the DEA raided at least six medical marijuana dispensaries in LA. Nice timing, DEA, on behalf of patients everywhere (especially in Los Angeles), thank you for your blind obedience to cruel authority. I'm going to put in another link to the letter I received from a medical marijuana patient this week. It's been pushed down by the flurry of posts tonight, but it deserves to be read.

Hinchey Roll Call -- medical marijuana amendment did not pass, total not yet available (online at least)

[UPDATE: I've learned by email the vote was 165-262. Don't look to the Democratically-controlled Congress to protect you, patients!] Didn't make it this time, according to the House Clerk web site. The Roll Call vote results will appear here. We are anxiously awaiting the numbers -- perhaps someone will post it here in the comments, if we haven't already done so first. Last year the amendment lost on a vote of 163-259. The reason we are waiting "anxiously" is that we want to see if there was improvement. It might be several hours, though, or tomorrow.

Hinchey Medical Marijuana Amendment Does Not Pass -- No Vote Count Yet

I just saw the following on the House Clerk's web site, posted at 8:31pm:
POSTPONED PROCEEDINGS - At the conclusion of debate on the Hinchey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hinchey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
In plain English, this means that the amendment did not pass this time around. The question now is how many members of Congress voted for it and how many voted against, and which ones. Hopefully we will see an improvement over last year's totals. However, it is going to have to wait until later tonight, as they are continuing with to debate other amendments, before taking the time to record individual Representatives' votes on all of the amendments later. We are also awaiting reports on which members of Congress took part in the debate and what they said. Read the blog post I made just a few minutes ago for one good reason Congress really should have passed this amendment.

Letter from a Would-Be Medical Marijuana Patient

Following is one of the many emails we got from people since beginning our Hinchey amendment medical marijuana effort last week. It speaks for itself -- actually, it speaks volumes:
I am one of thousands of people who need the medicine marijuana. In short, I had an accident in 1983 and fell 20 feet from a ladder. I went through 10 operations and now I have no ankles, my joints do not fuse or mend. Since I have joint arthritis, everything I do is painful. This is just a sample of the problems I have had. All the doctors I have seen tell me I would benefit from the use of marijuana. It won't replace the medicines I am taking now, but it would make life worth living. Some days I ask God to take me from this hell. I have tried the medicine marijuana once before, but just tried. My wife and I have too much to lose if somehow I were arrested for possession. So for now I say to myself, I wish and hope they would legalize the medicine marijuana before I die.

Clinton Promises to End Federal Raids on Medical Marijuana Dispensaries

Hillary Clinton continues to get the drug policy questions right:
During a visit to Manchester, New Hampshire on July 13, Len Epstein of Granite Staters for Medical Marijuana told the senator and presidential candidate: "Twelve states allow medical marijuana, but the Bush administrations continues to raid patients."

Clinton replied: "Yes, I know. It's terrible."

"Would you stop the federal raids?" Epstein asked.

"Yes, I will," she responded firmly. [MPP]
As I've said before, it's exciting to hear the democratic front-runner taking the right positions on our issues. Clinton has now pledged to fight racial profiling, reform the crack/powder sentencing disparity, promote treatment instead of incarceration, and now vows to end the federal war on medical marijuana patients and providers. That's a rock solid drug policy platform for a mainstream candidate.

Yes, I know there are long-shot candidates willing to go further (what's his name, Ron something?). But the willingness of front-runners – on the left, at least – to take common sense positions on drug policy reflects a growing awareness that reform is not political suicide.

Heck, given massive public support for medical marijuana, and Giuliani and McCain's refusal to defend patients, Democrats would be foolish not to step forward on this.

Showtime's "In Pot We Trust" is a Must-see

Wow, man. There's lots of heady nugs in this movie. Just pack your favorite bong, zap some popcorn, and get ready for the ride of your life.

Actually, no. In Pot We Trust doesn't make you want to smoke pot. It will make you want to give all your pot to Jacqueline Patterson. Jacqueline has celebral palsy, which manifests itself most notably in the form of a severe stutter. When she uses medical marijuana, Jacqueline can speak much more quickly and clearly, because the drug relieves her muscle tension. The difference is so obvious, I don’t know how anyone could watch this and say marijuana isn't medicine.

In Pot We Trust tells the story of four medical marijuana patients, against the backdrop of last year's Hinchey-Rohrabacher vote. The filmmakers follow MPP's Aaron Houston through the halls of Congress, then join the DEA as they uproot marijuana plants in the hills of California. Marijuana experts such as Lester Grinspoon provide insight into the drug's benefits, while prohibitionists Joe Califano and Robert Dupont explain why they've dedicated themselves to criminalizing sick people.

The film is invaluable because patients themselves make the best spokespeople for medical marijuana. The ulterior motives so often attributed to the medical marijuana legalization effort become irrelevant here, as we meet the actual people whose health and wellbeing lies at the center of this controversy.

I won't ruin the ending, but in case you haven’t heard, patients who rely on medical marijuana to maintain their quality of life are still criminals under federal law.

Rudy Giuliani's Position on OxyContin and Pain Management Is Correct

John Riley at Newsday has an interesting piece on Rudy Giuliani's role in helping Purdue Pharma preserve its image after the painkiller OxyContin was linked to widespread abuse. When Giuliani spoke out against medical marijuana, I repeatedly cited his work for Purdue Pharma as evidence of his hypocrisy. While I stand by that position, it should be noted that Giuliani's stance on pain management is actually quite good, in and of itself:
The OxyContin debate has been part of a larger fight in which patient advocacy groups that are worried about historic undertreatment of pain have joined with drug companies to argue against regulatory and law enforcement restrictions on painkillers that might unduly restrict their availability.
…

Giuliani was a key ally in that debate. He cast himself as an expert because of his prosecutorial background and his experience with prostate cancer. As part of his work for Purdue, he agreed to chair a group called the Rx Action Alliance, which promoted a "balanced" approach that would address abuse but maintain access for patients…

As the DEA continues its misguided war on pain management specialists, it's really quite refreshing to know that a front-running presidential candidate understands the problem. DEA's overreaction to OxyContin abuse has been disastrous, resulting in the reluctance of doctors nationwide to prescribe pain-relievers to deserving patients. Whether it was his prostate cancer, or the money Purdue paid his firm, something has led him to stand up for patient access and there's nothing wrong with that.

The only remaining question is why Giuliani is so hostile to medical marijuana. The fact pattern is remarkably similar: the stigma resulting from widespread recreational marijuana use has created a climate in which legitimate patients are denied medical access to the drug.

If only medical marijuana patients could afford to hire Giuliani Partners, LLC to help improve their public image…

Ann Althouse Insults Medical Marijuana

Popular law blogger Ann Althouse concurs with Rudy Giuliani's ignorant remarks about medical marijuana:

He takes a tough position:

"You can accomplish everything you want to accomplish with things other than marijuana, probably better. There are pain medications much superior to marijuana," he said.
"We'd be much better off telling people the truth. Marijuana adds nothing to the array of legal medications and prescription medications that are available for pain relief."
I think he's right. But perhaps marijuana should be legalized, not just for people who can portray themselves as sick enough, but for any adult.
I appreciate that Althouse is open to legalization, but her casual and unsupported affirmation of Giuliani's remarks is uncalled for.

The fact that medical marijuana advances the interests of the legalization crowd doesn't mean it's a trick. Legalizers were simply among the first people to speak up about the treatment of patients. That's changing rapidly now. Do these groups sound like key players in a marijuana legalization conspiracy, Ann?
* The American Academy of HIV Medicine (AAHIVM)
* The American Nurses Association (ANA)
* The American Public Health Association (APHA)
* The American Society of Addiction Medicine
* British Medical Association
* The National Association for Public Health Policy
* The National Nurses Society on Addictions
* The Episcopal Church
* The Presbyterian Church USA
* The United Church of Christ
* The United Methodist Church's Board of Church and Society
* The Union of Reform Judiasm
* The Unitarian Universalist Association

All of these organizations (and many more) have endorsed medical marijuana, and they're probably a bit more credible than OxyContin representative Rudy Giuliani.

Politics aside, why is it so hard to agree that people who don’t feel good should be allowed to feel better by using marijuana? Regardless of what anyone says, marijuana becomes a medicine when sick people successfully use it to treat their symptoms. That's what medicine is, by definition.

The "other options" argument is ludicrous because it is vital that sick people be given as many options as possible. Medical marijuana patients include people who are allergic to other medicines. Many patients use other medications as well, but find that marijuana settles their stomach after eating a dozen pills. For some, marijuana relaxes the muscles and/or the mood in ways that other medicines do not. Many of these "other options" are more toxic and more addictive than marijuana, and that is just a fact.

Patients and their doctors are the first people one should consult for information on the efficacy of medical marijuana, and their experiences should always matter more than the politicized fulminations of an authoritarian former prosecutor on the campaign trail.

Rudy Giuliani Hates Medical Marijuana, But He Loves OxyContin

Rudy Giuliani has again lashed out at medical marijuana on the campaign trail:
"I believe the effort to try and make marijuana available for medical uses is really a way to legalize it. There's no reason for it," the former New York mayor said during a town hall-style meeting at New Hampshire Technical Institute.

He also said there are better alternatives.

"You can accomplish everything you want to accomplish with things other than marijuana, probably better. There are pain medications much superior to marijuana," he said. [AP]
I've already written about the potent irony of Giuliani's opposition to medical marijuana, but if he won’t shut up about this, neither will I. If Rudy Giuliani won't stop talking trash about medical marijuana, and endorsing pharmaceutical alternatives, I won’t stop bringing up the fact that he worked as a hired consultant for OxyContin manufacturer Purdue Pharma.

Giuliani has less than no credibility on this issue because he worked for a company that is in direct competition with medical marijuana. It's really that simple. His claims that medical marijuana is part of a broader legalization conspiracy are also ironic considering that Giuliani played a key role in keeping OxyContin legal after it was linked with widespread abuse. Giuliani personally met with former DEA administrator Asa Hutchinson and persuaded him to leave Purdue alone. Meanwhile, abuse of pharmaceutical drugs, particularly OxyContin, has become the fastest growing drug problem among America's youth.

To be clear, I don't believe OxyContin should be illegal. Patients must be allowed to choose medicines based on what works for them, whether it be OxyContin, medical marijuana, or tree bark. But the transparent hypocrisy of Giuliani's behavior is so over-the-top that it is just impossible to ignore.

Home State Blues, or What's an Itinerant Activist To Do?

Your itinerant Drug War Chronicle has been bouncing around North America for the last few years, spending significant amounts of time in Washington state, British Columbia, Mexico, Northern California, and my home state, South Dakota. The traveling is nice, but I’ve felt politically homeless, as if my presence anywhere were too fleeting for me to be able to do local or state-level politics, and that’s a frustration. So, as much as I would rather be elsewhere, I’m thinking I need to hunker down here in Dakotaland and try to get something done. It is not friendly territory. South Dakota is the only state where voters rejected an initiative to allow the medicinal use of marijuana. Although it was a close vote, 52% to 48%, it was still a loss. Medical marijuana bills (introduced by an acquaintance of mine) early in the decade went nowhere. The state has one of the fastest growing prison populations right now, thanks largely to its approach to methamphetamine use. Marijuana possession is routinely punished by $500 fines, and there is a good chance of jail time, too. (In fact, you may be better off being convicted of drunk driving, if my local court records are any indication.) And, most hideously of all, South Dakota is the only state I know of that has an “internal possession” law. That means when the police arrest you with a joint, they make you submit to a urine test, then charge you with an additional offense if you test positive. South Dakota judges also routinely sign drug search warrants that include forced drug tests. I know one gentleman currently serving a five-year prison sentence for “internal possession” of methamphetamine metabolites, and no, it wasn’t a plea bargain. That was the only charge they had. South Dakota’s drug reform community (which can probably be counted on the fingers of one hand) seems beaten down, but I think I’m going to reach out and see if I can’t get anyone interested in a four-pronged drug reform legislative package: Hemp. Our neighbors in North Dakota have passed a bill allowing farmers to grow hemp and are currently suing the DEA to force it out of the way. South Dakota farmers would like to make profits, too. Medical marijuana. Yeah, we lost a close one last year, and it’s never been able to get any traction in the legislature. But I think we should make them deal with it again. Our neighbors in Montana seem to be surviving medical marijuana. Marijuana decriminalization. Does South Dakota really think pot possession is more serious than drunk driving? Does the legislature understand the lifelong impact of pot conviction on its constituents? Our neighbors in Nebraska decriminalized pot back in the 1970s, and the cornfields are still standing. Repeal of the internal possession laws. Criminalizing someone for the content of his blood or urine is just wrong. Winning any of these will be an uphill battle, and perhaps even linking hemp to broader drug reform issues would spell its doom here. But I think it’s every good activist’s responsibility to do what he can to slow down the drug war juggernaut, so I’m going to give it a shot. What are you doing in your state?