In the first installment of this series, I discussed the fallacy of rescheduling as part of the “medical” marijuana issue. This final part focuses on the issues brought up by the governors in their rescheduling petition: a so-called “consensus” opinion of doctors who approve of raw marijuana as medicine, and, the issue brought on by the California Medical Association that essentially says research on marijuana cannot go forward without legalization. I will tackle each at a time.
The governors’ petition asserts that there is a “consensus of medical opinion concerning medical acceptability of cannabis amongst the largest groups of physicians in the United States.” In support of this statement, the petition cites the American Medical Association’s (AMA) alleged “reversal” of its position that marijuana should remain a Schedule I substance. However, contrary to the governors’ petition, the AMA does not believe that there has been sufficient research to justify making herbal marijuana itself available as a prescription medication: “Despite more than 30 years of clinical research, only a small number of randomized, controlled trials have been conducted on smoked cannabis.”1
Furthermore, while the AMA’s Report does state that the Schedule I status should be “reviewed,” it limits the purpose of such review to the “goal of facilitating clinical research and development of cannabinoid-based medicines, and alternate delivery methods.”2 AMA does not recommend that marijuana should be rescheduled in order that it can be directly prescribed and dispensed in its raw form to patients. In fact, the AMA recommendation goes on to caution: “This should not be viewed as an endorsement of state-based medical cannabis programs, the legalization of marijuana, or that scientific evidence on the therapeutic use of cannabis meets the current standards for a prescription drug product.” In the body of its report, AMA further clarified its position:
The future of cannabinoid-based medicine lies in the rapidly evolving field of botanical drug substance development, as well as the design of molecules that target various aspects of the endocannabinoid system. To the extent that rescheduling marijuana out of Schedule I will benefit this effort, such a move can be supported.3
The term “botanical drug substance” is derived from an FDA guidance document: “Guidance for Industry: Botanical Drug Products.”4 It refers, not to herbal plant material, but to extracts or similar preparations of the active botanical components. Rather than accepting that marijuana meets the “current, modern accepted standard for what constitute medicine,” the AMA is essentially stating that research into crude marijuana plant material is a dead end.
Rescheduling is not necessary to make marijuana products available for research
A committee of the California Medical Association recently called for the rescheduling of marijuana “so it can be tested and regulated.” However, it is not necessary for marijuana to be rescheduled in order for legitimate research to proceed. Schedule I status does not prevent a product from being tested and researched for potential medical use. The FDA (and its Controlled Substances Staff or CSS) will allow an investigational product containing a controlled substance (including Schedule I substances) to be tested in clinical (human) trials if there is adequate evidence of safety from non-human studies.5 The CSA imposes stringent security, record keeping, and other requirements, but these apply equally to Schedule I and Schedule II substances.
Under the CSA, the only differences between Schedule I and II are rather technical:6 Before granting a Schedule I research registration, the DEA will separately inquire whether the FDA believes that the researcher is qualified and competent and the trial design will elicit scientifically valid data.7 A Schedule I research registration must be renewed each year, whereas research registrations for other controlled substances are valid for 3 years. Schedule I research registrations are protocol, as well as substance, specific. By contrast, a Schedule II registration is valid for research into all Schedule II substances and protocols. Physicians, if they possess registrations to prescribe and administer products containing controlled substances, may conduct research (if permitted by the FDA and the relevant ethics committee) on any Schedule II substance; they need not obtain a separate research registration from DEA.
These additional Schedule I restrictions can delay a research program but are not insurmountable. Furthermore, it may be possible to make minor amendments to the CSA to “equalize” Schedule I and Schedule II research requirements without necessitating a rescheduling of marijuana. Now that would be an interesting thing for governors and the CMA to call for, but apparently neither seemed bothered enough to do the homework required to make such an argument.
Today, Schedule I research certainly does go forward. In a recent pharmaceutical company-sponsored human clinical study investigating a product derived from marijuana extracts, the DEA registered approximately 30 research sites in the U.S. and also registered an importer to bring the product into the U.S. from the U.K., where it was manufactured (this is for a drug called, Sativex, which combines two of marijuana’s active ingredients). What other research projects are happening? That will be the subject of a soon-to-be released report I am working on – stay tuned.
We should also mention the marijuana-based medications already on the market today. Dronabinol (Marinol ®) and Nabilone (Cesamet ®) are concentrated, synthetic versions of the most active ingredient in marijuana – THC – taken as a pill. They are in Schedule III and Schedule II, respectively, and they have been shown to be effective in the treatment of nausea and vomiting caused by chemotherapy in people who have already taken other medications without good results. These have undergone FDA’s process and are completely legal under the Controlled Substances Act.
By contrast to the careful and detailed structure of the Controlled Substances Act, the governors’ petition offers no criteria or guidelines that would clearly identify the scope of legitimate “medical use.” The CMA report also misstates the facts. At present in California, and several other states, it is widely recognized that the concept of “medical use” of marijuana is highly questionable. For payment of a small cash sum, almost anyone can obtain a physician’s “recommendation” to purchase, possess, and use marijuana for alleged medical purposes. Indeed, numerous studies have shown that the most customers of these dispensaries do not suffer from chronic, debilitating conditions such as HIV/AIDS or cancer and are instead otherwise healthy individuals.8,9 Both sides of the argument agree that this system has essentially legalized marijuana for recreational use, at least amongst those individuals able and willing to buy a recommendation.10 The governor’s petition would potentially expand that system on a national scale, permitting any physician in any state to prescribe any form of marijuana for any medical condition. The CMA call, while a great way to generate publicity on legalization, is also predicated on a false assertion that the only way to do research into marijuana is to legalize the drug. Sadly, vociferous calls for rescheduling and legalizing like these simply further muddle and confuse an already highly charged debate.
Kevin A. Sabet, PhD, Policy Consultant and Assistant Professor, University of Florida, College of Medicine, Division of Addiction Medicine, Department of Psychiatry. To read more from Dr. Sabet, visit www.kevinsabet.com or follow him on Twitter@kevinsabet.
Gov. Jack Markell has suspended the regulation-writing and licensing process for medical marijuana dispensaries — effectively killing the program — and criticized the federal government for sending mixed signals on law enforcement, The News Journal has learned.
U.S. Attorney Charles M. Oberly III has adopted the hard-line stance that just came out of President Barack Obama’s Department of Justice. This stance accentuates the inherent conflict between federal marijuana laws and what is playing out in states that have authorized limited marijuana use for medicinal purposes.
“[G]rowing, distributing and possessing marijuana, in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities,” Oberly wrote Thursday to Markell’s attorney. “Moreover, those who engage in financial transactions involving the proceeds of such activities may also be in violation of federal money laundering statutes.”
Markell’s office told The News Journal on Friday that Oberly’s stance prevents the Department of Health and Social Services from issuing licenses to medical marijuana dispensaries, whose employees and owners may be subject to federal raids and prosecution.
The governor’s office recently sought guidance from Oberly on whether state employees responsible for regulating and inspecting licensed, not-for-profit medical marijuana dispensaries could do their jobs without fear of prosecution.
“State employees who conduct activities mandated by the Delaware Medical Marijuana Act are not immune from liability under” the Controlled Substances Act, Oberly wrote.
In a statement Friday, the Democratic governor said he had no choice but to stop the program.
“To do otherwise would put our state employees in legal jeopardy, and I will not do that,” Markell said.
With the federal government firmly against large-scale dispensaries, state legislators may need to consider amending the law to allow doctor-approved patients to grow their own pot at home, said Rep. Helene Keeley, D-Wilmington South.
“Maybe we have to tweak the current law to make this happen,” Keeley said. “We can’t give up.”
Oberly’s letter is evidence of the U.S. Department of Justice’s changing attitude toward state medical marijuana laws since Obama took office.
During his campaign for president in 2008, medical marijuana advocates were encouraged by Obama’s vow to respect state laws. Oberly, a Democrat and former attorney general, is an Obama appointee.
“I think it’s a great betrayal of what he said when he was running for office,” said Karen O’Keefe, director of state policies at the Marijuana Policy Project, a Washington, D.C.-based lobbying group that helped write Delaware’s law. “It’s been a great disappointment.”
In 2009, when the first version of a medical marijuana bill was introduced in the Delaware General Assembly, a key impetus for the debate was the newly elected Obama’s pledge not to send his Department of Justice after those involved in state-sanctioned medical marijuana operations.
That policy was codified in an October 2009 memo written by then-Deputy Attorney General David Ogden that said prosecutions of medical marijuana patients and caregivers was “unlikely to be an efficient use of limited federal resources.”
With the Ogden memo as its backdrop, Delaware’s legislative effort continued, culminating with the passage of the Medical Marijuana Act last May.
A month later, new Deputy Attorney General James M. Cole issued a memo with a different tone in response to inquiries from a group of federal prosecutors nationwide.
Drawing a corollary from the Ogden memo, Cole said patients and their caregivers were still safe from enforcement action but prosecutors were never meant to ignore “large-scale, privately owned industrial marijuana cultivation centers” like those authorized in some states.
In the months after the Cole memo, federal law enforcement agencies raided growers and dispensaries in California and Montana.
A U.S. attorney in northern California sent a letter to local public officials, warning them to quell their efforts to regulate and license marijuana growers or face criminal charges.
In January, prosecutors in Colorado mailed letters to two dozen medical marijuana dispensaries located within 1,000 feet of schools, notifying them of enhanced federal penalties for drug offenses committed near schools.
Since Delaware’s passage of its medical marijuana law, the state Division of Public Health has been studying similar laws in other states and writing regulations that officials expected to publish this spring. Markell’s recommended budget for the next fiscal year includes $480,000 for the implementation of the program, funded by proceeds from licensing dispensaries and patients.
Spurred by the Cole memo and the recent enforcement efforts, Markell’s legal counsel, Michael A. Barlow, sought Oberly’s guidance on the state’s Medical Marijuana Act in early December.
“It was our goal to exercise some caution before we move forward, to make sure we have some dialogue with federal prosecutors in Delaware and solicit their input,” Barlow said.
Specifically, Barlow said, the administration is concerned that the medical marijuana distribution plan outlined in Delaware’s law falls under the parameters outlined in the Cole memo.
The statute mandates the establishment of one marijuana dispensary — called a Compassionate Care Center — in each of the three counties, with the possibility of more centers in future years.
Operators of the centers are to be nonprofit entities selected via a competitive bidding process administered by the state’s Division of Public Health, and would be responsible for cultivating, preparing and distributing the marijuana in cooperation with state regulators and under tight state control.
“If you look at the Cole memo, it focuses on this large-scale, industrial distribution model, and what we have in Delaware is a distribution model that centralizes that into one place,” Barlow said. “It seems to be something the Cole memo is looking to specifically.”
The administration was also worried that Delaware’s medical marijuana distribution structure could put state employees in danger of federal prosecution because of their close work with the dispensaries.
“The governor’s concern is that we’re not doing things to put state employees potentially in the way of the federal government’s new enforcement,” Barlow said.
In his response to Barlow, Oberly reaffirmed the Cole corollary to the Ogden memo and said the DOJ will not target patients or caregivers, but distribution is to be treated differently.
“Enterprises engaged in the cultivation, manufacture and sale of marijuana directly violate federal law,” he wrote. “Individuals and organizations that participate in the unlawful cultivation and distribution of marijuana could be subject to civil and criminal penalties.”
Oberly also said state workers are fair game for prosecution, just like anyone who is part of a marijuana distribution operation.
Prosecution decisions would made on a case-by-case basis, Oberly said.
The compassion centers were the linchpin of the medical marijuana bill’s getting bipartisan support in the Delaware General Assembly, Keeley said.
“In the absence of such compassion centers, patients may be forced to obtain marijuana illicitly, unlawfully grow their own marijuana or forgo use of medical marijuana entirely,” Barlow wrote Friday in response Oberly’s Thursday letter. “That appears to be the unfortunate consequence of a federal policy that appears to offer mercy to cancer patients and others with a serious medical need for marijuana, but actually threatens criminal and civil sanctions for those who might help them safely obtain that relief.”
The study led by Associate Professor Mark Asbridge from Dalhousie University in Halifax, is the first to review of data from drivers who had been treated for serious injuries or died in car accidents.
The level of impairment from smoking pot might not be as severe as alcohol intoxication, but it does require a public health response, a researcher says. (Noah Berger/Associated Press)
“To our knowledge this meta-analysis is the first to examine the association between acute cannabis use and the risk of motor vehicle collisions in real life,” the researchers write in the latest issue of the British Medical Journal.
The researchers reviewed nine observational studies with a total sample of 49,411 accident victims. To rule out the effects of alcohol or other drugs the researchers calculated the odds for cases where cannabis — but no alcohol or other drugs — was detected in blood test or the driver had reported smoking three hours before crash.
They found that smoking cannabis three hours before driving nearly doubled a driver’s risk of having a motor vehicle accident.
Read exhaustive British Medical Journal report on accidents and pot: http://www.bmj.com/content/344/bmj.e536
Marijuana is a topic of significant public discourse in the United States, and while many are familiar with the discussions, it is not always easy to find the latest, research-based information on marijuana to answer to the common questions about its health effects, or the differences between Federal and state laws concerning the drug. Confusing messages being presented by popular culture, media, proponents of “medical” marijuana, and political campaigns to legalize all marijuana use perpetuate the false notion that marijuana is harmless. This significantly diminishes efforts to keep our young people drug free and hampers the struggle of those recovering from addiction.
The Administration steadfastly opposes legalization of marijuana and other drugs because legalization would increase the availability and use of illicit drugs, and pose significant health and safety risks to all Americans, particularly young people.
This Web-based resource center provides the general public, community leaders, and other interested people with the facts, knowledge, and tools to better understand and address marijuana in their communities.
This resource center will be regularly updated and expanded to address emerging issues, research, and prevention tools, and highlight successful local efforts to reduce marijuana use.
Visit Resource Center http://www.whitehouse.gov/ondcp/marijuanainfo
“Individuals applying to join the active duty Army, the Army Reserves, and Army National Guard are given a drug test as part of their medical physical at the Military Entrance Processing Station (MEPS). Individuals who test positive for marijuana, alcohol, or cocaine may still enlist (with a waiver), if they pass a re-test after a specified waiting period.
Waiting periods are required under the following circumstances: Positive for marijuana and alcohol
- If applicant’s first test is positive, he/she must wait 45 days for retest. (Recruiting battalion commander is the waiver approval authority.)
- If applicant’s second test is positive, he/she must wait 1 year for a retest. (The Commanding General, HQ Army Recruiting Command is the waiver approval authority.) •If applicant’s third test is positive, he/she is permanently disqualified. Positive for cocaine •If applicant’s first test is positive, he/she must wait 1 year for a retest. (Recruiting battalion commander is the approval authority.)
- If applicant’s second test is positive, he/she is permanently disqualified. Positive for drugs other than marijuana, alcohol, or cocaine
- If applicant’s first test is positive, he/she is permanently disqualified. Prior service personnel
- Prior service personnel who test positive at MEPS for any illegal drug or alcohol are permanently disqualified. All applicants who test positive will be required to have police records check accomplished as part of the waiver process regardless of any admission or record of civil offenses.
- Applicants with an approved drug alcohol test waiver are prohibited from enlisting in any MOS or option that requires a security clearance.”
Read the article http://usmilitary.about.com/od/armyjoin/a/drugtestpos.htm
The American Society of Addition Medicine says Marijuana is a mood-altering drug capable of producing dependency. Its chief active ingredient is THC (delta-9-Tetrahydrocannabinol), but there are many other ingredients.
Marijuana has been shown to have adverse effects on memory and learning, on perception, behavior and functioning, and on pregnancy. Because of the widespread use of this drug, its effects on mind and body, and the increasing potency of available supplies.
Persons suffering from alcoholism and other drug dependencies should be educated about the need for abstinence from marijuana and its role in precipitating relapse, even if their original drug of choice is other than marijuana.
Treatment programs providing addictions treatment for chemically dependent patients should include tests for cannabinoids with other drug test panels and consider test results when designing treatment plans.
Read the report ASAM Statement on Marijuana
Facts of the Case
In 1996 California voters passed the Compassionate Use Act, legalizing marijuana for medical use. California’s law conflicted with the federal Controlled Substances Act (CSA), which banned possession of marijuana. After the Drug Enforcement Administration (DEA) seized doctor-prescribed marijuana from a patient’s home, a group of medical marijuana users sued the DEA and U.S. Attorney General John Ashcroft in federal district court.
The medical marijuana users argued the Controlled Substances Act – which Congress passed using its constitutional power to regulate interstate commerce – exceeded Congress’ commerce clause power. The district court ruled against the group. The Ninth Circuit Court of Appeals reversed and ruled the CSA unconstitutional as it applied to intrastate (within a state) medical marijuana use. Relying on two U.S. Supreme Court decisions that narrowed Congress’ commerce clause power – U.S. v. Lopez (1995) and U.S. v. Morrison (2000) – the Ninth Circuit ruled using medical marijuana did not “substantially affect” interstate commerce and therefore could not be regulated by Congress.
Does the Controlled Substances Act (21 U.S.C. 801) exceed Congress’ power under the commerce clause as applied to the intrastate cultivation and possession of marijuana for medical use?
Does the Controlled Substances Act (21 U.S.C. 801) exceed Congress’ power under the commerce clause as applied to the intrastate cultivation and possession of marijuana for medical use?
The majority argued that Congress could ban local marijuana use because it was part of such a “class of activities”: the national marijuana market. Local use affected supply and demand in the national marijuana market, making the regulation of intrastate use “essential” to regulating the drug’s national market.
Of course there are variables, but at .5 grams of marijuana per points, one pound makes about 900 joints — almost 3 a day for a year! (Using half a gram per joint, 28.35 grams per ounce and 16 ounces per pound.)
Recently a Oregon man with a “medical marijuana” card was found in Idaho with almost 69 pounds of marijuana on his way to Utah. He claimed it was legal because he had a card. That was over 62,000 joints worth of pot headed for Utah consumption.
The Safe Drinking Water and Toxic Enforcement Act of 1986. requires that the Governor cause to be published a list of those chemicals “known to the state” to cause cancer or reproductive toxicity. The Act specifies that “a chemical is known to the state to cause cancer or reproductive toxicity … if in the opinion of the state’s qualified experts the chemical has been clearly shown through scientifically valid testing according to generally accepted principles to cause cancer or reproductive toxicity.”
The lead agency for implementing Proposition 65 is the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency. The “state’s qualified experts” regarding findings of carcinogenicity are identified as the members of the Carcinogen Identification Committee of the OEHHA Science Advisory Board.
OEHHA announced the selection of marijuana smoke as a chemical for consideration for listing by the CIC in the California Regulatory Notice Register on December 12, 2007, subsequent to consultation with the Committee at their November 19, 2007 meeting. At that meeting, the Committee advised OEHHA to prepare hazard identification materials for marijuana smoke.
At their May 29, 2009 meeting the Committee, by a vote of five in favor and one against, found that marijuana smoke had been “clearly shown through scientifically valid testing according to generally accepted principles to cause cancer.”
Read the full report Marijuana Smoke and Cancer
1. Our current legal drugs—alcohol and tobacco—are examples of commercialized products with addiction potential and high usage rates fueled by easy availability. Although these products are taxed, neither produces a net economic benefit to society. The healthcare and criminal justice costs associated with alcohol and tobacco far surpass the tax revenue they generate, and little of the taxes collected on these substances is contributed to the offset of their substantial social and health costs.
2. Federal excise taxes collected on alcohol in 2007 totaled around $9 billion and states collected around $5.6 billion. Taken together, this is less than 10 percent of the more than $185 billion in alcohol-related social costs such as healthcare, lost productivity, and criminal justice system expenses.53 Nor does tobacco carry its economic weight when taxed: each year, tobacco use generates only about $23 billion in taxes but results in more than $183 billion per year in direct medical expenses as well as lost productivity.
3. Advocates of legalization say the costs of prohibition, mainly through the criminal justice system, place a great burden on taxpayers and governments. While there are certainly costs to current prohibitions, legalizing drugs would not cut costs associated with the criminal justice system.
4. Marijuana use is the highest it has been in 8 years. In 2010, daily marijuana use increased significantly among all three grades surveyed (8th, 10th, and 12th graders) in the Monitor The Future (MTF) study.
5. One in 11 people who start marijuana use will become addicted—a rate that rises to one in six when use begins during adolescence. In 2009, marijuana was involved in 376,000 emergency department visits nationwide.
6. Making matters worse, confusing messages being conveyed by the entertainment industry, media, proponents of “medical” marijuana, and political campaigns to legalize all marijuana use perpetuate the false notion that marijuana use is harmless and aim to establish commercial access to the drug. This significantly diminishes efforts to keep our young people drug free and hampers the struggle of those recovering from addiction.
7. The Administration steadfastly opposes drug legalization. Legalization runs counter to a public health approach to drug control because it would increase the availability of drugs, reduce their price, undermine prevention activities, hinder recovery support efforts, and pose a significant health and safety risk to all Americans, especially our youth.
8. There is no substitute for the scientific approval process employed by the FDA. For a drug to be made available to the public as medicine, the FDA requires rigorous research followed by tests for safety and efficacy. Only then can a substance be classified as medicine and prescribed by qualified health care professionals to patients.
9. In the wake of state and local laws that permit distribution of “medical” marijuana, dozens of localities have been left to grapple with poorly written laws that bypass the FDA process and allow marijuana to be used as a so-called medicine. John Knight, director of the Center for Adolescent Substance Abuse Research at Children’s Hospital Boston, recently wrote: “Marijuana has gotten a free ride of sorts among the general public, who view it as non-addictive and less impairing than other drugs. However, medical science tells a different story.”
10. Similarly, Christian Thurstone, a board-certified Child and Adolescent Psychiatrist, an Addiction Psychiatrist, and also an Assistant Professor of Psychiatry at the University of Colorado, said: In the absence of credible data, this debate is being dominated by bad science and misinformation from people interested in using medical marijuana as a step to legalization for recreational use. Bypassing the FDA’s well-established approval process has created a mess that especially affects children and adolescents. Young people, who are clearly being targeted with medical marijuana advertising and diversion, are most vulnerable to developing marijuana addiction and suffering from its lasting effects.
11. Outside the context of Federally approved research, the use and distribution of marijuana is prohibited in the United States.
The NCI is responsible for coordinating the National Cancer Program and for maintaining our momentum in cancer research. Recent updates to their website include:
“We agree that it is the role of the U.S. Food and Drug Administration (FDA) to evaluate and approve drugs for use in the United States. We also agree that cannabis and cannabinoids should be subjected to the same rigorous scientific investigation as other drugs and medical devices to determine their effectiveness and safety.”
In the General Information section the wording was revised to make it clearer that “Cannabis is not approved by the FDA for any medical use.”
In the General Information section, a sentence was replaced to add clarification. The CAM Editorial Board realized that the previous wording could have been misinterpreted as being a recommendation for prescribing Cannabis, which was not the intent of the Board.
In addition, the current evidence for the antitumor properties of Cannabi is discussed only in the context of laboratory studies and not in research involving humans.
The national pro-drug lobby spends millions of dollars to persuade voters to falsely believe “medical” marijuana laws are about compassion for the terminally ill. Because there has been little coordination between the states, the people of targeted states are unaware of the negative consequences of these bad laws until after they have been fooled into passing them. These laws are simply a back-door route to legalization, a shield for widespread recreational use of marijuana, and a springboard for a lucrative marijuana industry that can’t be regulated. Once passed, those selling these laws to voters on the premise of compassion quickly demonstrate their only real interest is capitalism.
Similar to the experience in other targeted states, virtually all of the money spent on Arizona’s “medical” marijuana initiative came from the Marijuana Policy Project. The Arizona prevention organization raised and spent a paltry $25,000 on their campaign as compared to well over $800,000 spent by the Marijuana Policy Project. Their disingenuous campaign tactics were ones used successfully in other states. Their campaign materials were printed in advance and their talking points were well rehearsed. Their main message was an impassioned plea to allow suffering, terminally ill people access to “medicine.” A beautiful young woman who had been a cancer patient was the official spokesperson. The media ate it up, giving plenty of free media time to the beautiful young cancer victim as a human-interest story (thus not a campaign message requiring equal time from our opposition). We were outspent and disadvantaged by years of propaganda. It should have been a rout.
The polls predicted a rout in Arizona. We now understand that the conducting and releasing of disingenuous polls is another one of the national pro-drug lobby’s campaign tactics. Throughout our campaign, well-funded pro-drug groups released (or encouraged the media to conduct and release) poll after poll showing that we would lose by a landslide. Apparently, the pro-drug lobby believes people (and legislators) are sheep. The simple question — “Are you in favor of ‘medical’ marijuana?” – does not reveal the deeper (and more relevant) feelings concerning the widespread recreational use, as well as increased social and economic ills, caused by these laws. This “polling” tactic is going on all over the country. The “polls” simply do not accurately reflect the opinion of the majority on the real issues.
As you know, contrary to the claims of the pro-drug lobby, state “medical” marijuana laws are not popular! (Similar to their strategy of relentlessly repeating their false mantra for 20 years that “marijuana is harmless,” they have spent millions and millions of dollars to deceive the public with disingenuous, loud and aggressive campaign tactics proclaiming the popularity of “medical” marijuana.) Marijuana advocates don’t mention that in California and Colorado, more cities and counties ban marijuana businesses than allow them! Nor do they mention that state “medical” marijuana laws create chaos, causing increased crime, youth marijuana use, and traffic fatalities and spawning a business that simply can’t be regulated.
As evidence that the public is becoming more aware of the chaos, just this past year, among other significant events:
- the people of Montana, through a grassroots campaign created by four moms, led a repeal effort (which led to repeal by the legislature, but then vetoed by the Governor, followed by the passage of a severely restrictive bill that now is being challenged in court by marijuana advocates),
- the people of South Dakota soundly rejected a “medical” marijuana initiative,
- the people of Oregon soundly rejected a “medical” marijuana dispensary component for their existing program,
- the people of California defeated a general legalization bill, despite being outspent by marijuana advocates $3.8 million to $300,000,
- the people of Arizona very narrowly passed a “medical” marijuana bill, despite the fact that opponents were outspent by advocates $800,000 to $25,000, and
- a repeal bill was introduced in the New Mexico legislature, resulting in a memorial bill requiring comprehensive studies over the next year.
More and more states are saying yes to medical marijuana. But local governments are increasingly using their laws to just say no, not in our backyard.
In California, with the nation’s most permissive medical marijuana laws, 185 cities and counties have banned pot dispensaries entirely. In New Jersey, perhaps the most restrictive of the 17 states that have legalized marijuana for sick people, some groups planning to sell cannabis are struggling to find local governments willing to let them in.
Dispensaries have also been banned in parts of Colorado [and Montana, California] and have run into opposition in some towns in Maine.
Local politicians have argued that pot is still illegal under federal law, that marijuana dispensaries bring crime, and that such businesses are just fronts for drug-dealing, supplying weed to people who aren’t really sick.
Cities and towns are prohibiting dispensaries outright or applying zoning ordinances so strict that they amount to the same thing. The ordinances typically set minimum distances between such businesses and schools, homes, parks and houses of worship.”
A total of 1240 persons were killed in the last five years in fatal motor vehicle crashes involving Marijuana. 230 were killed in 2008. Use has increase steadily in the last ten years and is now at 5.5% in fatal passenger vehicle crashes.
The use in single vehicle fatal crashes where most drivers are tested shows an involvement rate of 8.3%.
The largest increases occurred in the 5 years following the ‘decriminalization’ of Medical Marijuana in January 2004.
For the five years following legalization there were 1240 fatalities in fatal crashes, compared to the 631 fatalities for the five years prior, for an increase of almost 100%. In 2008 there were 8 counties where more than 16% of the drivers in fatal crashes tested positive for Marijuana. Five of the 8 counties had rates over 20%.
Based on this experience, a use rate of 16% to 20% is very likely. A rate increase to only 16%, would result in 670 fatalities, and at 20% we would have about 840 fatalities annually. The 20% level would be more than triple the present level of 230 fatalities in 2008. At these levels, Marijuana would rival alcohol at 17.9%, as the top cause of traffic fatalities.
If “TC2010” passes, tax income on Marijuana is estimated at $1.4 billion annually compared to an estimated $4 billion or more economic loss from Marijuana related fatal crashes.
Read the full report CA Motor Fatalities Study.
The LA District Attorney provided the following point as to the unworkability of the proposed Regulate, Control and Tax cannabis Act:
- Ceding authority to local government is unworkable
- Cultivation provisions are ambiguous and unfairly limit rights of property owners
- Discrimination provision prevent safe employment and violates federal laws and federal mandates
- Result in uncertainty regarding existing marijuana statutes
- Unduly burdens local government and local law enforcement
Read the report in full LA District Attorney Full Brief.
AB 390, a bill to legalize marijuana in California, has gone up in smoke at the State Capitol.
Children need to grow up in safe neighborhoods and attend schools free of marijuana users and sellers. We need to continue to protect our youth from the dangers of drugs. That starts with stopping the proliferation of pot.
The demise of this disastrous California bill goes to show that our voice was heard at the State Capitol and legislators on both sides of the aisle agreed we don’t want a proliferation of WEED in our streets and communities…our churches…parks and schools.
Legalizing marijuana is bad public policy and most of the legislators know it. In my opinion, once the public wakes up and understands the dangers of legalizing marijuana, legislators voting to legalize may find themselves on the wrong side of public opinion. A lot of voters are going to let their representatives know they will not stand for legalizing such a dangerous drug.
Marijuana is a dangerous and destructive drug…and we must not rest until the pro-legalizers are defeated once and for all.
To think some California lawmakers would resort to legalizing the sale and manufacture of drugs to generate tax revenue in which to balance our state budget is an outrage!
There are many ways to get the economy moving again. Putting a flood of mind altering drugs on the streets and then taxing their sales is not one of them.
It doesn’t make sense for our legislators to ban cigarette usage in public places because it is harmful to health, while at the same time saying “yes” to marijuana smoke, which is also carcinogenic.
California lawmakers recently banned trans fat because it is harmful to health. And now they want to make marijuana legal because it’s supposedly good for consumption in certain cases?
If we say marijuana is okay for adults…then what message do do send our children? That it’s okay for them too?
How do we expect our youth to say “No!” to drugs when the adults are saying “yes.”
Why would our public policymakers legalize marijuana, tax it and then go back and use that same money AND MORE for drug prevention programs to convince kids to not smoke dope. It’s bad public policy. It doesn’t make sense.
Taxing marijuana is “blood money” plain and simple. And California lawmakers would have blood on their hands if they voted to legalize this dangerous drug.
Pot should never be legal for general use in California. It’s bad for health, it’s bad for our communities, it’s bad for kids and it’s bad for our brains.
California will go down a dangerous path for which there will be no turning back if voters legalize marijuana. To think people will smoke pot while driving on our roads, visiting our parks, walking in our neighborhoods, sitting in their backyards (with the odor wafting over our fences) and passing near our schools. It is a disaster waiting to happen of enormous consequences. Has anyone given any thought to this?
Rogue legislators like Tom Ammiano want to legalize marijuana because they say it will be a windfall for the economy. Many others think it would actually be a drain on the state budget and the root cause of many job losses due to absenteeism and lost productivity.
There is no guarantee that legalization would undercut the black market, especially if the drug is taxed. Drug pushers would simply sell it “tax free.”
Legalizers think the revenue from a new marijuana tax will solve California’s budget woes, but AB 390 specifically states that people can grow their own weed, which many will do. How do you tax that?
Where will we get the money to pay for a new watchdog agency to regulate the drug? And will employees of this same agency be allowed to smoke it during their work breaks since it will be legal?
AB 390 to legalize marijuana was passed in the California Assembly Public Safety Committee (Tom Ammiano’s committee) on January 12, 2010. Increase the use of drugs, and our public will be safer? Was there another motive?
President Obama was right to declare he wants to usher in a new era of responsibility; and that includes ensuring marijuana remains classified as an illegal drug. There’s no excuse for legalizing another harmful drug known kill through the inducements of carcinogens and mental instability.
Because marijuana is illegal at the federal level, one can imagine California becoming a favored destination for drug buyers – and an exporter of drug dealers.
The “legalizers” will argue we are overcrowding our prisons with people arrested for simple possession of marijuana. The truth is: no one ever stays in jail for more than a day just for possessing it. Anyone that is in jail or prison for marijuana either:
- Also had a role in distribution; or,
- Pled down to possession in exchange for information; or,
- Violated terms of parole/probation, and their original crime was much more serious
Legalizers say: “If marijuana is legalized we can tax it and bring in much needed revenue to our state.”
- In 2005, the State of California spent $19.9 billion dollars on substance abuse and addiction or $545.09 per capita on alcohol and tobacco. But, the State of California collected $1.4 billion dollars of tax revenue or $38.69 per capita on the sale of alcohol and tobacco products. The costs far exceeded the revenue, and marijuana would likely follow a similar trend.
- The tax revenue does not account for the additional public health concerns and costs, such as cancer risks due to smoke inhalation or increased mental illness due to prolonged use.
Legalizers say: “People with medical issues should be able to smoke marijuana to relieve pain or other debilitating symptoms.”
- There is likely medical benefit from components in the cannabis plant. This is very different than legalizing smoked marijuana.
- Medicine should never be determined by voters.
- The general public does not have the knowledge necessary to vote on whether a particular pill or patch is beneficial for the treatment of heart disease, attention deficit disorder, or diabetes. Why is this different?
- The 1999 IOM report said that smoked marijuana should generally not be recommended for medical use; we don’t “smoke” medicine.
Legalizers say: “Marijuana toxicity has never killed anyone.”
- Marijuana contributes to dependence, mental illness, lung obstruction, lung cancer, memory loss, motor skill disruption and other harms in a way that tobacco does not, and its harms are underappreciated.
- ER admissions for marijuana-related illness (psychotic episodes, etc.) exceed those of heroin.
- There have been numerous cases of fatal car and other accidents caused by someone under the influence of marijuana.
Smoked marijuana is not medicine. Pot smoke contains more carcinogens than cigarette smoke and is simply not healthy for you. The U.S. Food and Drug Administration routinely tests new drugs according to a rigorous protocol to prove their safety before they are allowed to be sold to the public as medicine. Marijuana has passed no such test.
Legalization will increase drug use and health care costs. Marijuana is an addictive drug that poses significant health consequences to its users. Recent studies have linked marijuana use to birth defects, respiratory system damage, cancer, mental illness, violence, infertility, and immune system damage.
The latest information from the U.S. Treatment Episode Data Set reports that 16.1% of drug treatment admissions were for marijuana as the primary drug of abuse, compared to 6% in 1992.
Legalization will increase crime-related costs. 75% of children in foster care are placed there because of a parent’s substance abuse. Sexual assault is frequently facilitated by substance use – some experts put the number at over 60%. The U.S. Department of Justice found that 61% of domestic violence offenders also have substance abuse problems.
All forms of marijuana are mind-altering (psychoactive). In other words, they change how the brain works. A lot of other chemicals are found in marijuana, too — about 400 of them, some of which are carcinogenic. Marijuana is addictive with more teens in treatment with a primary diagnosis of marijuana dependence than for all other illicit drugs combined.
Long-term marijuana abuse can lead to addiction; Long-term marijuana abusers trying to quit report irritability, sleeplessness, decreased appetite, anxiety, and drug craving, all of which make it difficult to quit.
Numerous studies have shown marijuana smoke to contain carcinogens and to be an irritant to the lungs. In fact, marijuana smoke contains 50–70 percent more carcinogenic hydrocarbons than does tobacco smoke. Marijuana users usually inhale more deeply and hold their breath longer than tobacco smokers do, which further increase the lungs’ exposure to carcinogenic smoke.
Driving experiments show that marijuana affects a wide range of skills needed for safe driving — thinking and reflexes are slowed, making it hard for drivers to respond to sudden, unexpected events. Also, a driver’s ability to “track” (stay in lane) through curves, to brake quickly, and to maintain speed and the proper distance between cars is affected. Research shows that these skills are impaired for at least 4-6 hours after smoking a single marijuana cigarette, long after the “high” is gone. Marijuana presents a definite danger on the road.
Emergency Room admissions for marijuana-related illness (psychotic episodes, etc.) exceed those of heroin.
Advocates for legalizing marijuana for medicinal purposes are starting to suffer some scientific setbacks.
They made their case on the basis that cannabis can lessen pain in patients suffering such debilitating diseases as cancer and multiple sclerosis.
If marijuana has particular properties that can do this, those chemicals should indeed be extracted from the plant or artificially manufactured and then dispensed by proper prescription.
Cannabis does more harm than good.
A UCLA study has found a link between marijuana use and increased risk of head and neck cancers.
Another UCLA study, published in the Journal of Immunology, has found there is a chemical in marijuana that can cause cancerous cells to proliferate. The study also suggests that inhaling this substance may be a greater lung cancer risk than inhaling cigarette smoke.
It’s ironic that many advocates for legalizing marijuana are also fierce foes of the tobacco industry and cigarette smoking.
Source: Forbes Magazine, September 4, 2000
The issues around marijuana may seem complicated, but the bottom line is simple:
- We know from analysis at RAND that legalization would cause the price of marijuana to fall and its use woould rise, especially among youth.
- With more users, we will see more addiction. Marijuana addiction is real and affects about 1 in 9 people who ever start using the drug (a number similar to alcohol). If one starts in adolescence, that number jumps to 1 in 6 users.
- If you care about educational outcomes, you need to oppose legalization because marijuana use reduces learning and memory, increases drop-out rates and lower grades.
- If you care about economic competitiveness and jobs, you need to oppose legalization because employers will not hire those who test positive for drug use.
- If you care about safe roads, you need to oppose legalization because smoking marijuana doubles a user’s risk of having an accident.
- Taxes on marijuana would never pay for the increased social costs that would result from more users. Our experience with alcohol and tobacco shows that for every dollar gained in taxes, we spent $10 in social costs.
- Legalization would jeopardize our ability to get Federal funds, because of drug-free workplace requirements and the fact that marijuana is against Federal law.
- Our experience with even tightly regulated prescription drugs, such as OxyCotin, shows that legalizing drugs widens availability and misuse, even when controls are in place.
- Legalization would not curb violence. Marijuana accounts for only a portion of the proceeds gained by criminal organizations that profit from drug distribution, human trafficking, and other crimes, so legalizing marijuana would not deter these groups from continuing to operate.
- Legalization wouldn’t even reduce the burden of the criminal justice system. Today, alcohol ~ which is legal- is the cause of over 2.6 million arrests a year. That is a million more arrests than for all illegal drugs combined.
- In places that have experimented with quasi-legalization, marijuana use and associated problems have skyrocketed. That is why the Netherlands, the U.K., and other countries, after experiencing a wave of increased use, are now reversing their policies.
On September 21, 2011, the United States Bureau of Alcohol, Tobacco and Firearms (ATF) sent an open letter to the nation’s licensed firearms dealers warning that federal law prohibits drug users and addicts from possessing or buying guns.
According to Assistant ATF Director Arthur Hebert, “any person who uses or is addicted to marijuana, regardless of whether his or her state has passed authorizing marijuana use for medicinal purposes, is an unlawful user” and cannot own, possess, or buy firearms.
Gram for gram,marijuana contains more cancer causing agents and higher levels of ammonia, hydrogen cyanide and nitric oxide than tobacco.
Smoked tobacco contains at least 70 chemicals and compounds that cause cancer, and there is no “risk-free level of exposure” to tobacco smoke.
Lung cancer killed 158,683 people in 2007 in the US.
There are no medicines that are smoked.