Medical Marijuana Zone – Page 4

2 Jun 2013

Bloomberg: MMJ One Of The Greatest Hoaxes

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Mayor Michael Bloomberg thinks arguments for legalizing medical marijuana are half-baked. “Medical, my foot,” Bloomberg– who has admitted to enjoying smoking weed when he was younger– told John Gambling during his weekly radio show.

“There is no medical. This is one of the great hoaxes of all time,” he said, suggesting legalizing medical pot would just make it easier for recreational users to light up.

“The bottom line is, I’m told marijuana is much stronger today than it was 20, 30 years ago,” he continued, according to The New York Post. “That’s one problem. No 2, drug dealers have families to feed. If they can’t sell marijuana, they’ll sell something else. And the something else will be something worse.

The push to legalize this is wrongheaded.”

State Senator Diane Savino, who’s co-sponsoring a bill to legalize medical marijuana in New York, thinks otherwise.

“We’re talking about people with terminal illnesses, seizure disorders,” she told The Post. “We’re not talking about recreational use.”

Dr. Sunil Aggarwal, Associate Member of the New York Academy of Medicine and Vice-Chair of NY Physicians for Compassionate Care, also disapproved of Bloomberg’s comments.

“Mayor Bloomberg’s statement that medical marijuana is a hoax is tantamount to saying that the moon landing was faked,” he said in a statement. “Marijuana, given in oral and inhaled forms, has been shown in large, gold-standard, double-blinded, randomized, placebo-controlled trials conducted at major medical centers to relieve pain and muscle spasm, and stimulate appetite and weight gain in patients with wasting syndromes.”

Earlier this week, the New York Assembly passed a marijuana decriminalization bill.

Source: Huffington Post (NY)
Published: May 31, 2013
Copyright: 2013 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

1 Jun 2013

Medical Cannabis: Safe, Effective

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Where did you receive your schooling and training?

I have been a medical physician for more than 29 years since graduating from the University of Utah School Of Medicine. I completed training in general surgery in Los Angeles and plastic surgery in Utah. During my general surgery training I completed a one-year plastic surgery research fellowship at the University of Southern California. I finished my board certifications in both general surgery and plastic surgery, and set up private plastic surgery practice in Las Vegas. I practiced plastic and reconstructive surgery for six years until I underwent cervical spine surgery for herniated discs in the neck. The surgery left me with neck pain and bodily muscle pain that prevented me from returning to the practice of surgery.

After five years, I was well enough to re-train in pain medicine at the University of Utah under a group of renowned pain-medicine physicians, who have served as current and past presidents of prominent pain academies and societies in the United States. I hold memberships in the American Academy of Pain Medicine, the International Cannabinoid Research Society and the American Telemedicine Association.

What is your current practice?

I am a board-certified pain-medicine physician and owner of Hawaiian-Pacific Pain and Palliative Care ( medicalmarijuanaofhawaii.org ). The focus of my practice is the care of patients with chronic pain. In addition, I have a strong interest in hospice and end-of-life care. This practice is done on a voluntary basis and is based in Waimanalo at the Native Hawaiian Model Agricultural Village called Pu’uhonua O Waimanalo. Nearly all fees generated by the advocacy and clinical practice for medical cannabis therapies are used for expenses and Native Hawaiian programs.

Malama First Healthcare is a nonprofit initiative based in the village, and its goals are to improve the health care of Native Hawaiians worldwide. I serve as their chief medical officer on a voluntary basis.

How long have you been an advocate for medical marijuana?

I have been an advocate for the use of medical cannabis since 2008, when I was first exposed to a group of chronic pain patients on the Big Island who were using cannabis as their sole pain medication, or sometimes in combination with pain pills.

Having no personal experience with marijuana use, I found it quite fascinating that so many people found benefit and relief to their chronic pain conditions using cannabis.

From there, my professional opinion evolved to the point of full political and medical advocacy.

My formal training taught me that marijuana was a gateway drug and had no medical use, which I have since learned to be completely false. During my training, patients using cannabis often were denied opioid therapies and viewed as drug seekers and addicts.

During my training, no one explained to me how cannabis helped with pain, except one young man who suffered a severe neck injury in the Indonesia tsunami.

Our addiction psychiatrists were forcing him to quit the use of cannabis before the group would prescribe opioids. Thankfully, this is an out-of-date notion.

These restrictions should never be forced upon any patients who suffer severe, disabling pain. As I interviewed more people, I became more convinced of the usefulness of medical cannabis.

I thought to myself that thousands of Hawaii residents can’t be wrong.

Patients were finding significant relief from chronic pain conditions and syndromes that otherwise have poor or no effective treatments.

I then set off on an extensive endeavor to understand the medical science of cannabis, cannabinoid receptors, cannabinoid physiology and cannabinoid therapies.

At first I was shocked by the suppression of these safe and effective therapies because of irrational prejudices and political machinations. This was followed by professional and political disdain at government, politicians, entities and corporations with ulterior motives who are willfully causing millions of people to endure greater suffering because of their direct interference in the practice of medicine and medical research, and their suppression and denial of these therapies. Thankfully, the Hawaii State Legislature took a bold stand more than a decade ago, in the face of great political pressure, which still exists, and allowed for legal use by chronically ill and disabled people.

Chronic pain is the No. 1 medical condition in the United States, with an estimated 75 million to 100 million Americans living with it. At least 20 million to 25 million Americans live with severe pain. In Hawaii, it is conservatively estimated that more than 100,000 live with moderate to severe pain from all causes, including arthritic degeneration, trauma, metabolic conditions such as diabetes, and cancer or its treatment.

Where do things stand right now in the legislative arena?

This year, two bills out of many were vetted in committee and passed by both the Hawaii State Senate and House of Representatives and are expected to be signed by Gov. Abercrombie. The first and most important bill calls for the transfer of the medical cannabis program to the Department of Health. Patients and physicians have requested this transfer for many years.

It is more appropriate that a program for the health and medical welfare of patients be under the auspices of a health department and not law enforcement. The second bill attempts to improve significant shortcomings in the program itself. Safe access is our No. 1problem and concern.

The state allows for the use of cannabis as a medicine but does not allow the access to a safe source of that medicine.

From a medical point of view this is unconscionable. You would not make a diabetic grow and produce their own insulin or diabetes pills.

Currently, patients must obtain seeds, grow the plants, overcome the hostilities of growing by mold and bugs and then develop the yield that becomes their medicine.

The majority of patients are not in a position to even get started.

They don’t know how to grow. They don’t feel well enough to grow. They don’t have a place to grow. And there’s no guarantee that these efforts will result in an adequate medication supply.

The use of cannabis is not an alternative to the use of traditional medications it is a unique medication with unique medical effects.

It is not replaceable with anything else in existence.

Immediate access can only be solved by a dispensary or retail outlet.

A state-run system would be ideal. The other main issue is the failure to increase the qualifying diagnoses list, since cannabinoid therapy is uniquely helpful to a myriad of conditions. A large proportion of Hawaii’s cannabis users do it for medical purposes, but the law does not respect that and allow them to be legal because they are using it for conditions not allowed by law. Our combat soldiers are denied its legal use for PTSD after a decade of multiple deployments to war zones, and are thereby denied an effective and safe treatment for this difficult-to-treat condition. Cannabis is superior to all other modalities in existence such as anti-depressants and anti-psychotics, which have questionable effectiveness and many adverse side effects.

How effective is medical marijuana compared with other painkillers?

At the most recent meeting of the American Academy of Pain Medicine, Dr. M. Moskowitz stated that “preclinical studies, surveys, case studies and randomized double-blind placebo-controlled trials with cannabis have all shown its effectiveness in chronic pain conditions . Cannabis works to settle down the processing of wind-up ( or expanded pain processing in the brain ) and is the only drug known to do so. It reduces inflammatory pain in the peripheral nerves, and has a unique mechanism for pain reduction unlike any other medicine.”

Studies have shown that medical cannabis is as effective as opioid therapies. By using medical cannabis, many people are able to completely eliminate or significantly reduce their use of opioid pain pills. This eliminates or significantly reduces the numerous adverse side effects that opioids inflict.

The major medical benefit to the withdrawal of opioids is the removal of physical dependency. Most importantly, the mortal safety of a patient on an opioid regimen is dramatically improved with the addition of medical cannabis and a reduction in opioid dosage.

Every day, Americans are dying from the misuse and overdosing of opioid medications. There is an epidemic of prescribed opioid pill diversions, which can lead to death or ongoing drug addiction.

The use of cannabis in chronic pain also reduces the number of other types of medications needed for coexisting sleep and mood disorders, and myofascial spasms ( within tissue surrounding the muscles ) found in nearly all chronic pain patients.

There are no other single medications in existence that can treat all of these coexisting problems in addition to treating the pain. The removal of these other medications also removes their inherent adverse side effects and any medications needed for adverse side effects, such as drowsiness, constipation or nausea.

Anything you would like to add?

Medical cannabis is an effective and safe therapy that should not be denied to any human being.

Government policies are directly interfering with medical science and research, along with clinical care.

The prohibition of safe access is an ongoing major problem for patients in Hawaii and needs to be corrected by dynamic and outside-the-box thinking.

There are solutions to these issues.

The concerns of cannabis habituation, dependency and addiction, along with recreational or misuse in young people, are not valid reasons for the denial and suppression of these therapies for legitimate patients; otherwise, no controlled substances would be allowed in clinical practice.

I hear compelling, life-changing stories from patients almost daily. Just today, a mother expressed her gratitude to us for helping her son, who was practically bedridden for two years, get his life back. She cried when he tried cannabis and was able to get up and out of bed and start running around.

These are not isolated and rare occurrences.

The addition of medical cannabis as a replacement or adjuvant medication to the chronic pain patient’s medication regimen will greatly improve patient well-being and care, and provide increased patient safety.

Source: MidWeek (HI)
Column: Doctor in the House
Copyright: 2013 RFD Publications, Inc.
Contact: [email protected]
Website: http://www.midweek.com/
Author: Rasa Fournier

31 May 2013

Finding a Place for Medical Marijuana

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The legalization of medical marijuana is prompting cities and towns across the region to consider zoning restrictions to limit where dispensaries may open. With state regulations in effect as of Friday, and the dispensary application process scheduled by the state for this summer and fall, many communities are feeling time is short to regulate what some see as an unwelcome neighbor.

Milford passed zoning restrictions last week; Framingham and Natick are looking at working together on zoning that could allow dispensaries on Route 9 in the neighboring towns; and Newton, amid several inquiries from prospective dispensary operators, is reviewing its zoning bylaw to see whether it is adequate for dealing with the new state law.

“What we’re doing is actually taking some time to internally review the regulations, since they still just came out, and we have not made any specific plans to alter the usual zoning requirements for new businesses, but we are looking into it,” said Dori Zaleznik, Newton’s commissioner of health and human services.

Massachusetts voters approved the legalization of medical marijuana via statewide ballot in November. The measure calls for a maximum of 35 nonprofit dispensaries across the state, with at least one and not more than five in each of the state’s 14 counties.MAS

Communities cannot ban dispensaries but can impose zoning laws that restrict their location, according to a March 13 ruling from Attorney General Martha Coakley.

Many municipalities have already passed or are considering a moratorium — typically lasting from six months to a year — on permits for a dispensary to buy time for reviewing their zoning regulations.

Milford decided it did not need a moratorium and went straight to zoning changes, approved by Town Meeting on May 20.

The amendment, which must still pass muster with the attorney general’s office, allows dispensaries in two of the town’s three industrial districts as long as they are not within 200 feet of a residential zone, school, place of worship, park, playground, or youth center.

The limitation translates into about 1,000 acres along Fortune Boulevard and Maple and Beaver streets available as the site of a dispensary, according to Larry Dunkin, Milford’s town planner.

Natick has already passed a moratorium, and Framingham’s Town Meeting was considering one this week.

Both communities are looking at allowing dispensaries along some part of Route 9.

Robert Halpin, Framingham’s town manager, said the moratorium would give his community some time to get a better sense of the regulations and how they are being implemented.

“I think there’s a discussion to be had with Natick,” he said. “We can talk about Route 9 and other approaches.”

Natick Town Administrator Martha White said it makes sense to work with Framingham on a shared approach.

“Since we share Route 9, and that may well be the area that’s zoned for these facilities, we want to be sure to keep each other’s communities informed and to work it out together, so we’re not negatively impacting each other,” she said.

Although many municipalities in the area see a moratorium as a first step before evaluating their zoning options, Newton is not sure that one is necessary.

“So at this point, we don’t believe we’ll need a moratorium, but we don’t know as we go through the review what we’ll end up doing,” said Zaleznik.

When the city gets inquiries, she said, staff are telling prospective dispensary operators that they should get through the first phase of the state’s two-phase application process before they look for a location in Newton.

“And hopefully by then, we will have figured out our approach,” said Zaleznik.

Despite the local moves to limit dispensaries, which by law are supposed to cultivate their own marijuana to fill prescriptions for the drug, prospective proprietors are not put off, said Bruce Bedrick, CEO of Kind Clinics and MEDBOX, based in West Hollywood, Calif.

“We’re used to that — it’s all part of the process,” said Bedrick, who serves as a consultant for the application process and also markets his technology to keep marijuana supplies secure. “People have to get comfortable with the use. Once people realize it’s just average everyday people trying to pick up medicine, I think in a few years we’ll all look back and laugh at this.”

Bedrick, whose local office is in Natick, would not say exactly how many clients he has or where they are looking to locate a dispensary, but he suggested interest is healthy, with “not many spots left” on his client roster that will max out at 35.

He praised the state Department of Public Health, and said generally the new regulations are solid.

“It’s actually great for our clients because we’re all about transparency and regulation and safety and security,” he said. “The only thing we feel is cumbersome is the verification of $500,000.” He was referring to the minimum amount that applicants must have in escrow as part of the new regulations.

Adam Fine, a lawyer with a Colorado-based firm, Vicente Sederberg LLC, that opened offices in Boston and Needham in connection with last fall’s legalization vote, also applauded the state for creating a strong regulatory environment that balances patient needs with public safety concerns.

“I think overall people are very pleased with the comprehensive nature of the regulations and the fact the Department of Public Health took a measured, thoughtful approach,” he said.

Like Bedrick, Fine could not say which towns and cities are being eyed for dispensaries, but he did say Middlesex, Norfolk, and Suffolk counties seem to be garnering the most interest.

“The anecdotal information I’m getting is the most populous areas make the most sense because there will be more patients to serve,” he said.

Locally, one of the biggest issues that dispensaries will face might have nothing to do with zoning or moratoriums, but rather finding space to lease, he said. Part of his firm’s role is to help educate landlords, Fine said.

“Finding a location that is going to be able to house these dispensaries can be a challenge,” he said. “There are landlords that . . . until it’s completely legal under federal law, they don’t want to be a part of it.”

Source: Boston Globe (MA)
Author: Lisa Kocian, Globe Staff
Published: May 29, 2013
Copyright: 2013 Globe Newspaper Company
Contact: [email protected]
Website: http://www.boston.com/globe/

25 May 2013

Marijuana Tied To Better Blood Sugar Control

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People who had used marijuana in the past month had smaller waists and lower levels of insulin resistance – a diabetes precursor – than those who never tried the drug, in a new study.

The findings, based on surveys and blood tests of about 4,700 U.S. adults, aren’t enough to prove marijuana keeps users thin or wards off disease. And among current pot smokers, higher amounts of marijuana use weren’t linked to any added health benefits, researchers reported in The American Journal of Medicine.

“These are preliminary findings,” said Dr. Murray Mittleman, who worked on the study at Beth Israel Deaconess Medical Center in Boston.

“It looks like there may be some favorable effects on blood sugar control, however a lot more needs to be done to have definitive answers on the risks and potential benefits of marijuana usage.”

Although pot smoking is a well-known cause of “the munchies,” some previous studies have found marijuana users tend to weigh less than other people, and one suggested they have a lower rate of diabetes. Trials in mice and rats hint that cannabis and cannabinoid receptors may influence metabolism.

The new study used data from a national health survey conducted in 2005-2010. Researchers asked people about drug and alcohol use, as well as other aspects of their health and lifestyle, and measured their insulin and blood sugar levels.

Just under 2,000 participants said they had used marijuana at some point, but not recently. Another 600 or so were current users – meaning they had smoked or otherwise consumed the drug in the past month.

Compared to people who had never used pot, current smokers had smaller waists: 36.9 inches versus 38.3 inches, on average. Current users also had a lower body mass index – a ratio of weight to height – than never-users.

When other health and lifestyle measures were taken into account, recent pot use was linked to 17 percent lower insulin resistance, indicating better blood sugar control, and slightly higher HDL (“good”) cholesterol levels.

However, there was no difference in blood pressure or blood fats based on marijuana use, Mittleman’s team found.

A Causal Link?

Mittleman said that in his mind, it’s still “preliminary” to say marijuana is likely to be responsible for any diabetes-related health benefits.

“It’s possible that people who choose to smoke marijuana have other characteristics that differ (from non-marijuana smokers),” and those characteristics are what ultimately affect blood sugar and waist size, he told Reuters Health.

Dr. Stephen Sidney from the Kaiser Permanente Division of Research in Oakland, California, said he wonders if cigarette smoking may partially explain the association. Marijuana users are also more likely to smoke tobacco, he told Reuters Health.

“People who use tobacco oftentimes tend to be thinner,” said Sidney, who has studied marijuana use and weight but didn’t participate in the new study. “So I really wonder about that.”

Another limitation with this and other studies, Sidney and Mittleman agreed, is that all of the data were collected at the same time, so it’s unclear whether marijuana smoking or changes in waist size and blood sugar came first.

“The question is, is the marijuana leading to the lower rate (of diabetes) or do they have something in common?” said Dr. Theodore Friedman, who has studied that issue at Charles R. Drew University of Medicine and Science in Los Angeles.

He and his colleagues think the link is probably causal. “But it’s really hard to prove that,” Friedman, who also wasn’t involved in the new research, told Reuters Health.

One possibility is that the anti-inflammatory properties of marijuana help ward off diabetes, he said. But he agreed that more research is needed to draw out that link.

“I want to make it clear – I’m not advocating marijuana use to prevent diabetes,” Friedman said. “It’s only an association.”

SOURCE: http://bit.ly/10Ty3La — The American Journal of Medicine, online May 16, 2013.

Source: Reuters (Wire)
Author: Genevra Pittman
Published: May 23, 2013
Copyright: 2013 Thomson Reuters

23 May 2013

Michigan Driver Who Uses MMJ Wins Appeal

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The Michigan Supreme Court ruled Tuesday that medical marijuana users aren’t automatically breaking the law if they’re caught driving after using the drug.

The court unanimously overturned an appeals court decision in the case of a Grand Traverse County man, Rodney Koon. He was stopped in 2010 for speeding — going nearly 30 mph over the limit. Koon admitted having smoked medical marijuana earlier, and a blood test revealed the drug in his system.

It’s illegal for Michigan drivers to consume marijuana. But the state high court said medical marijuana users have some protection. The court says police must show that a driver actually was “under the influence” of marijuana for a charge to stick.

Michigan voters approved medical use of marijuana in 2008.

The medical marijuana law “shields registered patients from prosecution for the internal possession of marijuana,” the judges said.

At the same time, the law prohibits driving “while under the influence of marijuana.” But it fails to specify what level of marijuana in the body constitutes being “under the influence,” the opinion said.

The court suggested lawmakers consider setting a marijuana limit, similar to a blood alcohol level.

“It goes almost without saying that the (medical marijuana law) is an imperfect statute, the interpretation of which has repeatedly required this Court’s intervention,” the justices said. “Indeed, this case could have been easily resolved if the (law) had provided a definition of ‘under the influence.’”

Ruling: http://drugsense.org/url/9bqm5UTK

Source: Associated Press (Wire)
Published: May 22, 2013
Copyright: 2013 The Associated Press

16 May 2013

Medical Marijuana Shouldn’t be for ‘Adults Only’

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My 9-year-old daughter has Aicardi syndrome, a rare genetic disorder that causes extremely hard-to-control seizures, debilitation, disability and early mortality. She began having seizures at three months of age, and since that time has had multiple seizures every day, with rare exception — probably to the tune of nearly 200,000 seizures in her lifetime.

For most families, even one such day would be an emergency. For ours, it is the norm.

My daughter is a beautiful, loving girl who goes to school, enjoys music and parks, loves to be read to and adores looking at big, modern art in museums. She cannot walk independently, cannot talk and wears diapers. Every day she is at risk of Sudden Unexpected Death in Epilepsy, or SUDEP, which accounts for 34 percent of all sudden deaths in children.

She is one of the 3 million Americans who have epilepsy, and one of the 40 percent whose seizures cannot be controlled by anti-seizure drugs. She has tried 10 anti-seizure medications as well as a high-protein/low-carbohydrate diet called the ketogenic diet; she takes three anti-seizure medications at once and has a vagus nerve stimulator implant that sends mild electrical pulses to the brain. These drugs help her, but she nonetheless experiences an average of three seizures every day. Moreover, the medications cause persistent side effects that negatively impact her quality of life, particularly her gastrointestinal, bone, dental, cognitive and mental health.

The Illinois Senate Executive Committee recently voted, 10-5, to move the House-passed medical marijuana legislation to the Senate for a vote. The bill is expected to pass, and though Gov. Pat Quinn has not committed to signing it, the general expectation is that the bill will become law. This should be received as great news for the many people with “debilitating” conditions that the bill is supposed to help — people for whom medical science has documented real, measurable and safe outcomes of the controlled use of cannabis or its component of chemical compounds.

It’s too bad that the legislature has ignored the medical needs of some of the most debilitated, and most vulnerable, patients in the state: children with epilepsy.

Imagine her father’s and my reaction upon learning that the legislature, in its concern not to send a “message” to kids that it is safe to smoke marijuana, decided that kids like ours, for whom medical cannabis has the potential to be as safe and effective as typical anti-seizure drugs, should be excluded from the benefits of this new law.

They have done so, I hope, only out of ignorance. Take, for instance, the parent survey conducted by Stanford University neurology researcher Dr. Catherine Jacobson. These parents had children with some of the most difficult-to-treat syndromes of epilepsy found in children: Dravet syndrome, Doose syndrome and Lennox-Gastaut syndrome. All of the kids were being treated with a nonpsychoactive compound made from cannabis — cannabidiol. Their parents report remarkable results — 83 percent noted that their children’s seizure frequency had been reduced.

Two-thirds of these children achieved a greater than 80 percent reduction in seizure incidence. Seventy-five percent of the parents reported success in weaning their kids from other ASDs; a similar proportion noted improved sleep, mood and alertness in their children. Most important, the survey’s author notes that common negative side effects reported on other ASDs were notably absent on cannabidiol, including rash, vomiting, nausea, confusion, insomnia, anxiety, irritability, dizziness and aggressive behavior.

There is no likelihood that my daughter will become a drug addict from using a compound within cannabis in a medically controlled setting. There is, however, a good chance that participation in a controlled study of these compounds could open the door to new treatments for her, and the many children like her, who desperately need medical innovation to save or improve their lives.

I urge the bill’s chief sponsors, Rep. Lou Lang, D-Skokie, and Sen. William Haine, D-Alton, to reconsider and amend the bill to allow for the medically controlled and regulated use of cannabis for pediatric and adult patients with uncontrolled epilepsy. And to all Illinoisans who know or love someone with epilepsy, please let your legislators hear your voice on this matter.

Margaret Storey lives in Evanston.

Source: Chicago Tribune (IL)
Author: Margaret Storey
Published: May 15, 2013
Copyright: 2013 Chicago Tribune Company, LLC
Website: http://www.chicagotribune.com/

13 May 2013

Federal Crackdown Busts Montana’s MMJ Industry

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If American society’s tolerance for marijuana is now growing, then what happened in Montana illustrates just what can happen when the government decides things have gone too far. Pot advocates were running caravans, helping hundreds of residents in a day get medical marijuana user cards. Some doctors who conducted cursory exams on scores of people were fined. As the number of users quickly grew, so did a retail industry that led some to dub the state “Big High Country.”

Today, thousands of medical pot providers have gone out of business, and a health department survey showed that the number of registered users have fallen to less than a quarter of their 2011 numbers.

The drop was driven in part by a tougher 2011 law on medical marijuana use and distribution. But more than anything, marijuana advocates say, the demise of the once-booming medical pot industry was the result of the largest federal drug-trafficking investigation in the state’s industry.

The three-year investigation by the U.S. attorney’s office, the Drug Enforcement Administration and other federal agencies wrapped up last week when the last of 33 convicted defendants was sentenced. That allowed its architect, U.S. Attorney Michael Cotter, to speak publicly for the first time on the crackdown.

“For a long time, we were hearing complaints from local law enforcement and from citizens … that they were tired of marijuana and they were tired of it next to schools, to churches, people smoking it openly on the streets,” Cotter said in an interview with The Associated Press.

“It was just something that had to be done,” he said. “And the result of doing it the way that we did, it was a strong statement that marijuana wasn’t going to be tolerated in Montana.”

Cotter said he believes he is on the right side of history, regardless of what is happening in the country. Last fall, voters in Colorado and Washington state passed laws to legalize recreational pot use, and a Pew Research Center poll released last month found 52 percent of Americans think marijuana should be legal.

The Justice Department has yet to decide whether to sue in federal court to block Colorado and Washington’s laws under the legal argument that federal laws outlawing any use, possession or distribution of marijuana prevail over state laws.

In Montana, what started out as a system to provide marijuana to those with health problems turned the state into a source for drug trafficking, Cotter said. The industry had ballooned so much and so quickly that drug traffickers were operating under the guise of medicinal caregivers, and the pot was being sent to users in New Jersey, Virginia, Colorado and other states, he said.

Now, marijuana is still in Montana, but it’s manageable, he said.

The investigations were split geographically into three parts: Operation Smokejumper, Operation Weed Be Gone and Operation Noxious Weed. They targeted medical marijuana providers dealing in more than 100 plants and came away with 34 indictments, from a longtime state lobbyist to a former University of Montana quarterback.

Most of those arrested argued at first that they were following the state’s medical marijuana law. When federal prosecutors, led by Assistant U.S. Attorney Joseph Thaggard, successfully squelched that argument in court, all but three of the providers made plea deals.

The federal Controlled Substances Act, which bans any distribution or use of marijuana, trumps state law, Thaggard said. Besides, the investigation found that none of the defendants was following state law, he added.

“I think that we were confident that if we had to go down that road, we would show just how out of compliance these people were,” Thaggard said.

The final scorecard: 33 convictions. Thirty-one made plea deals, two went to trial and lost and the case against the accountant of a provider was dismissed.

Federal prosecutors in other states watched closely as the probe unfolded in Montana, and was widely seen as a success and possibly a model for others, Cotter said.

“Speaking through enforcement action does have the deterrent effect that is needed,” Cotter said. “It had the effect that we were looking for, and that was to deter the trafficking of marijuana.”

Montana Cannabis Information Association spokesman and Marijuana Policy Project lobbyist Chris Lindsey — who also was one of the 33 providers convicted in the probe — agreed the federal investigation was the main driver in changing the shape of the industry.

But a federal crackdown won’t stem the tide of the public will, he said.

Montana residents are increasingly in favor of improving the medical marijuana laws so there is better regulation and better access for those who need it, Lindsey said. “In Montana, it seems our options have only been the wild, wild West or no activity at all. Ultimately, we will be in the middle,” Lindsey said.

Cotter and DEA Agent in Charge Brady MacKay, who led much of the investigation, dispute that medical marijuana is beneficial for the seriously ill. They say patients who need the relief that marijuana provides should get it from Marinol, a prescription drug that contains some of the properties of marijuana.

“I think it’s Madison Avenue marketing, the person who dreamed up tying medical and marijuana together,” Cotter said. “It’s a powerful marketing tool. But the fact of the matter remains that marijuana is a dangerous drug and it’s harmful to people,” Cotter said.

Source: Billings Gazette, The (MT)
Published: May 12, 2013
Copyright: 2013 The Billings Gazette
Contact: [email protected]
Website: http://www.billingsgazette.com/

7 May 2013

Medical Marijuana Supporters Push For Legalization

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Legislators are disagreeing on a lot of big issues, but they found a bit of common ground Thursday — medical marijuana.

It’s too late to push a bill through this session, but about 40 legislators in both parties, including more than a dozen committee chairmen, sent a strong signal that they want to add Minnesota to the 18 states where marijuana can be legally prescribed.

Legislators passed the legalization of medical marijuana in 2009, but were stopped by Republican Gov. Tim Pawlenty, who vetoed the bill.

Now they’re ready to try again, in part because of such Minnesotans as Joni Whiting, of Jordan. Whiting watched as her 26-year-old daughter, Stephanie Whiting Stradinger, endured surgeries for malignant melanoma that ate away her face and ultimately took her life. There was just one thing, Whiting said, that eased her daughter’s suffering, and getting it meant her entire family had to break state law.

“They cut her face off, one inch at a time, until there was nothing left to cut,” Whiting said at a Thursday news conference, holding up a picture of Stradinger, smiling and lovely. She then covered it with a later photo of her daughter, her face flayed open and raw from treatments for the melanoma that started to grow on her cheek during her third pregnancy.

“The pain she was experiencing was unimaginable and the nausea was so severe that it became difficult for her to eat,” Whiting said. “That was when a doctor at the hospital pulled me aside and told me that Stephanie might benefit from using marijuana.”

The legislation proposed Thursday would allow doctors or other medical professionals to write prescriptions for up to 2.5 ounces of marijuana for patients with “debilitating” medical conditions. Those conditions include cancer, multiple sclerosis, glaucoma and post-traumatic stress.

The marijuana would be available through licensed dispensaries that would grow the drug on site in locked greenhouses. Patients in remote areas could be licensed by the state to grow a small number of marijuana plants for their own use.

But is a state that doesn’t allow wine sales in grocery stores ready to legalize marijuana dispensaries?

The issue is not one that breaks along party lines.

Like Pawlenty, DFL Gov. Mark Dayton opposes legalization, and for the same reason — law enforcement agencies are firmly against it.

Rep. Carly Melin, DFL-Hibbing, is a chief sponsor in the House, joined by Republican Rep. Tom Hackbarth, of Cedar. For Hackbarth, the cause is painfully personal. His wife is terminally ill.

“It’s a matter of the quality of life in the final days for me,” Hackbarth said. “We’re introducing it now so we can gain support, talk to legislators and then really hit the ground running when the session starts next year.”

But even if the House and Senate pass a bill to legalize medical marijuana next year, they face a formidable obstacle in the governor’s office.

“The governor will not be able to support the legalization of medical marijuana as long as law enforcement is opposed,” Dayton spokeswoman Katharine Tinucci said. “If advocates are able to reach an agreement with law enforcement, the governor would consider the measure.”

Police officials remain deeply skeptical. Legal marijuana greenhouses won’t make the job of clamping down on illegal drug use any easier, they warn.

“It is an absolute regulatory and enforcement nightmare,” said Dennis Flaherty, executive director of the Minnesota Police and Peace Officers Association. “We are not convinced that there really is a medicinal purpose to marijuana. … We see marijuana as a harmful drug and a gateway drug.”

But Whiting doesn’t want the governor to wait until law enforcement officials are on board with medical marijuana. Smoking the drug, she said, was the only thing that gave her daughter relief before her death in 2003 at age 26.

“He’s the governor and he should lead,” she said. “It’s his responsibility to lead, and then it’s law enforcement’s responsibility to do what he says.”

Source: Minneapolis Star-Tribune (MN)
Copyright: 2013 Star Tribune
Contact: http://www.startribunecompany.com/143
Website: http://www.startribune.com
Author: Jennifer Brooks

28 Apr 2013

Federal Law Trumps Colorado’s on Medical Marijuana

posted in: Cannabis News | 0

A severely disabled man fired because of his after-hours medical-marijuana use has no legal recourse because the drug remains banned under federal law, a Colorado court ruled Thursday.

A three-judge panel of the Colorado Court of Appeals upheld 2-1 the firing of Brandon Coats, a quadriplegic who has a prescription for the drug in a state that permits medical marijuana, saying he was not protected from dismissal under the Colorado Lawful Off-Duty Activities Statute.

The statute prohibits employers from dismissing employees who engage in legal activity outside of work, but says nothing about those who violate federal but not state law.

“Plaintiff contends that we must read ‘lawful activity’ to include activity that is prohibited by federal law, but not state law,” said Chief Judge Janice Davidson in the divided opinion. “However, while we agree that the general purpose of [the law] is to keep an employer’s proverbial nose out of an employee’s off-site hours business we can find no legislative intent to extend employment protection to those engaged in activities that violate federal law.”

The case illustrates the ongoing tension between federal and state authorities as voters and legislatures move to legalize medical marijuana in violation of the federal Controlled Substances Act.

The conflict is likely to intensify after the passage of ballot measures in November approving recreational marijuana for adults 21 and over in Colorado and Washington.

Brian Vicente, a Denver lawyer and marijuana- decriminalization advocate, called the court’s ruling “disappointing” given the recent moves by Colorado voters to legalize medical and recreational pot.

“I thought it was an inappropriate reliance on federal law — the court used that as an ‘out’ to avoid a ruling based on state law,” Mr. Vicente said.

At the same time, he said, the ruling underscores the need for the state legislature to update the Colorado Lawful Activities Statute, which originally was intended to protect tobacco smokers from being fired.

“We call it ‘the smokers’ rights statute,’ but the court’s take was that Colorado needs to revisit this statute to incorporate medical and now adult recreational use,” Mr. Vicente said.

The Colorado legislature is now considering a package of bills designed to create a regulatory framework for recreational marijuana as required by Amendment 64, which won 55 percent of the vote in November.

Nearly 109,000 Colorado residents hold valid medical-marijuana registry cards. The most common medical condition cited for treatment is “severe pain,” reported by 94 percent of cardholders, followed by “muscle spasms” at 16 percent, according to the state Department of Public Health and Environment.

Mr. Coats worked as a telephone operator for Dish Network until he was fired in 2010 for failing a drug test in violation of the company’s drug policy.

In his lawsuit, Mr. Coats said he never used marijuana at work and was never under the influence of the drug while on duty.

Source: Washington Times (DC)
Author: Valerie Richardson, The Washington Times
Published: April 25, 2013
Copyright: 2013 The Washington Times, LLC
Website: http://www.washtimes.com/
Contact: [email protected]

16 Apr 2013

Medical Pot for Illinois Patients

posted in: Cannabis News | 0

In 1976, the idea that marijuana could be a medicine was generally taken as laughable. Then a glaucoma patient named Robert Randall won a court ruling that he needed the drug to keep from going blind. His case started a movement that could finally make headway here. The Illinois House is set to vote this week on a bill to allow the therapeutic use of cannabis.

Illinois is not exactly on the cutting edge here. California took this step in 1996, and 18 states now grant access. Polls have consistently found a large majority of Americans believe that pot has medical uses and should be available for doctors to prescribe for treating illnesses.

They have good reason for those convictions. In 1999, a panel of the federal Institute of Medicine concluded, “Scientific data indicate the potential therapeutic value of cannabinoid drugs . . . for pain relief, control of nausea and vomiting, and appetite stimulation.” The American Medical Association has urged the federal government to allow research on the medical uses of marijuana.

Illinois legislators have repeatedly declined to let patients gain access to a drug that many say offers relief they get from nothing else. But lawmakers finally may be ready to pass a bill sponsored by Rep. Lou Lang, D-Skokie, creating a process to allow access to those with serious medical needs.

The nice thing about the delay is that Illinois has had the chance to learn from the good and bad of policy in other states. Under this measure, patients whose doctors prescribe cannabis would be able to get it, but under sensible controls.

In California, often decried for lax regulation and wide-open access, patients can grow their own pot, get prescriptions from doctors who work at marijuana dispensaries and qualify for vague ailments. Lang’s bill is designed to make sure legalization of medical marijuana does not amount to de facto legalization of recreational marijuana.

To that end, it requires patients to obtain prescriptions from doctors with whom they have pre-existing and ongoing relationships, and only for specific conditions, including cancer, HIV and multiple sclerosis, but excluding pain and mental illness. Patients would have to register with the state health department, undergo a background check and get an ID card.

The number of dispensaries would be limited to avert an explosion of storefront outlets, and they would be barred near schools, playgrounds and churches. Patients would not be allowed to grow their own pot, unlike in California. They would be permitted only 2.5 grams every two weeks — also unlike the Golden State, which imposes no limit. The bill requires drivers suspected of using pot to submit to field sobriety tests, on pain of having their licenses suspended.

It’s important to give doctors and patients the freedom to use cannabis for whatever medical value it has. It’s also important to treat it as a potent drug whose unchecked proliferation can bring troublesome side effects. This bill does both, and it deserves to pass.

Source: Chicago Tribune (IL)
Published: April 16, 2013
Copyright: 2013 Chicago Tribune Company, LLC
Website: http://www.chicagotribune.com/

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