MedicalMJ.org - News and Facts About Medical Marijuana

Illinois Legislature Passes Medical Marijuana Bill

With a final vote by the state Senate Friday, the Illinois legislature has finally approved a medical marijuana bill. It only took ten years.

[image:1 align:left caption:true]If Gov. Patrick Quinn (D) signs it into law, Illinois will become either the 19th or the 20th medical marijuana state, depending on whether similar legislation in New Hampshire gets approved first. Quinn has signaled that he approves of medical marijuana, but has made no definitive statement about whether he would sign or veto the bill, so Illinois activists and the Marijuana Policy Project (MPP) are calling on supporters to keep up the pressure. On Sunday, Lt. Gov. Sheila Simon said she supported the bill.

If the bill is signed into law by the governor, Illinois will become the first state in the Midwest to approve medical marijuana through the legislative process. Michigan approved it in 2008, but that was via a voter initiative.

The bill, House Bill 1, would allow patients with qualifying medical conditions and a doctor's recommendation to use marijuana and purchase it through a network of up to 60 state-regulated dispensaries. The state will also allow up to 22 growers to supply the dispensaries. There are no provisions for patient or caregiver home cultivation.

"We applaud the Illinois legislature for taking action and adopting this widely supported and much-needed legislation," said Dan Riffle, MPP deputy director of government relations. "The final product is a comprehensive and tightly controlled system that will allow individuals with serious illnesses to safely and legally access medical marijuana with their doctors' supervision."

The bill was sponsored in the House by Rep. Lou Lang (D-Skokie) and in the Senate by former state’s attorney Sen. William Haine (D-Alton). It designates the Illinois Department of Agriculture, Department of Health, and Department of Financial & Professional Regulation to  regulate the cultivation, acquisition, and distribution of marijuana.

 "We are hopeful that Gov. Quinn will join legislators and the vast majority of Illinois voters in supporting this proposal," Riffle said. "Marijuana has proven medical benefits, regulating it works, and there is broad public and legislative support for doing it. This is a no-brainer."



The IRS War on Medical Marijuana Providers [FEATURE]

special to Drug War Chronicle by investigative reporter Clarence Walker, cwalkerinvestigate@gmail.com

Dispensaries providing marijuana to doctor-approved patients operate in a number of states, but they are under assault by the federal government. SWAT-style raids by the DEA and finger-wagging press conferences by grim-faced federal prosecutors may garner greater attention, but the assault on medical marijuana providers extends to other branches of the government as well, and moves by the Internal Revenue Service (IRS) to eliminate dispensaries' ability to take standard business deduction are another very painful arrow in the federal quiver.

[image:1 align:left]The IRS employs Section 280E, a 1982 addition to the tax code that was a response to a drug dealer's successful effort to claim his yacht, weapons purchases, and even illicit bribes as business expenses. Under 280E, individuals involved in the illicit sale of controlled substances -- including marijuana, even medical marijuana in states where it is legal -- cannot claim standard business expenses on their federal taxes.

"The 280E provision which requires certain businesses to pay taxes on their gross income, as opposed to their net income, is aimed at shutting down illicit drug operations, not state-legal medical marijuana dispensaries," said Kris Hermes, spokesman for the medical marijuana defense group Americans for Safe Access." Nonetheless, the Obama Administration is using Section 280E to push these local and state licensed facilities out of business."

The provision can be used to great effect. Oakland's Harborside Health Center was hit with a $2 million IRS assessment in 2011 after the tax agency employed Section 280E against. Harborside is fighting that assessment, even as it continues to try to fend off federal prosecutors' attempts to shut it down by seizing the properties it leases. Similarly, when the feds raided Richard Lee's Oaksterdam University that same year, it wasn't just DEA, but also IRS agents who stormed the premises. Lee said it was because of a 280E-related audit.

The attacks on Harborside and Oaksterdam were part of an IRS campaign of aggressive audits using 280E to deny legitimate business expenses, such as rent, payroll, and all other necessary business expenses. These denials result in astronomical back tax bills for the affected dispensaries, threatening their viability -- and patients' access to their medicine.

"Should the IRS campaign be successful; it will throw millions of patients back in to the hands of street dealers; eliminate tens of thousands of well paying jobs, destroy hundreds of millions of dollars of tax revenue; enrich the criminal underground; and endanger the safety of communities in the 17 medical cannabis states," said Harborside's Steve DeAngelo as he announced the 280E Reform Project to begin to fight back.

It's going to be an uphill battle. In the last Congress, Rep. Pete Stark (D-CA) introduced House Bill 1985, the Small Business Tax Equity Act, designed to end the 280E problem for medical marijuana businesses, but it went to the Republican-controlled House Ways and Means Committee, where it was never heard from again.

Still, something needs to happen, said Betty Aldworth, deputy director of the National Cannabis Industry Association, which this year is working with members of Congress to try to find a fix for the 280E problem.

"When Section 280E was created in the 1980s, no one imagined state-legal marijuana providers," Aldworth told the Chronicle. "Whether or not it is part of a larger effort to curtail the development of regulated models for providing marijuana, which is a model that is clearly preferable to leaving this popular and relatively safe medicine (or adult product) in the underground market, these onerous tax rates have severely hampered the development of the regulated market."

It's a brake on the overall economy, Aldworth said.

"Not only has it resulted in stymieing job development, but it also curtails other economic activity such as reinvestment in business and the rippling positive effects of that spending," she argued. "And in many cases, it has created a tax burden that is simply unbearable: many providers have had to close their doors and lay off their staffs because the tax burden was simply too great."

Because of this unintended application of 280E, medical marijuana providers are paying overall taxes at a rate two to three times those of other small businesses, Aldworth said.

"It's important to note that just as they want to apply for licenses, follow regulations, and otherwise participate in the legal business community, state-legal marijuana providers also want to pay their fair share of taxes," she pointed out. "Most small businesses pay an effective tax rate of between 13% and 27% on net income, according to the Small Business Administration. State-legal marijuana providers pay an average effective tax rate of 65-80%. An industry that can provide thousands of jobs is being held back by these crazy tax rates."

While the lobbyists look to Congress for a fix, one academic tax law expert thinks he has hit upon a novel solution, but not everyone agrees.

Benjamin Leff, a professor at American University's Washington College of Law, raised eyebrows at a Harvard University seminar this spring when he presented his report,Tax Planning For Marijuana Dealers, where he suggested that dispensaries get around 280E by registering with the IRS as tax-exempt social welfare organizations, known as 501(c)(3)s or 501(c)(4)s.

The IRS has already ruled that medical marijuana providers can be exempt under 501(c)(3) because its "public policy doctrine" does not allow charitable organizations to have purposes contrary to law, but in the paper, Leff argued that "a state-sanctioned marijuana seller could qualify as tax-exempt under 501(c)(4), since the public policy doctrine only applies to charities, and 501(c)(4) organizations are not charities."

The organization would have to be operated to improve the social and economic conditions of a neighborhood blighted by crime or poverty, by providing job training, employment opportunities, and improved business conditions for commercial development in the neighborhood, just like many existing community economic development corporations that run businesses.

"When taxes get too high, you can drive compliant dispensaries out of business," Leff told the Chronicle.

Americans for Safe Access' Hermes would agree with that, but he's not so sure about Leff's idea.

"The concept of medical marijuana dispensaries registering with the federal government as a 501(c)(4) in order to sidestep section 280E is novel and may be hypothetically valid," he said. "However, the IRS will refuse to grant tax-exempt status to a business that the agency believes is violating federal law. Perhaps, it would be possible for a dispensary to obtain 501(c)(4) status under false pretenses, but such status would not very likely withstand an IRS audit."

There are better ways, he said.

"A much more realistic and sensible approach -- pending a change to the federal classification of marijuana for medical use -- is to amend the tax code to exclude state-lawful medical marijuana businesses from Section 280E," Hermes recommended. "This is the kind of legislation that Congress should pass in order to allow states to implement their own medical marijuana laws, without undue interference by the federal government."

"I agree with everything he said," Leff replied. "But it's not just the Obama administration that is using 280E this way. The Supreme Court has held that there is no exception to the Controlled Substances Act for state-level legal marijuana sales, and since 280E makes references to Schedule I controlled substances, it applies to legal marijuana unless Congress changes the law. I totally agree that Congress should amend 280E to exempt marijuana selling that is legal under state law. Congress could also amend the Controlled Substances Act to remove marijuana from it, which would probably also make sense," he added.

Whether it is by act of Congress, internal policy shifts, or creative thinking by law school professors, some way has to be found to exempt state-permitted medical marijuana providers from the clutches of 280E and its punitive tax burden aimed at dope dealers, or there may not be any medical marijuana providers.



Medical Marijuana Update

The feds stay on the attack in California, and fallout mounts from last week's state Supreme Court decision allowing local dispensary bans. There's news from other states as well. Let's get to it:

[image:1 align:right]California

Last Monday, US Attorney Melinda Haag moved to seize a building housing a San Francisco dispensary. Targeted is the Shambala Healing Center, a city-approved dispensary. Under federal pressure, Shambala's landlords earlier sought to evict it, but failed because it complies with state laws. While Haag has moved to seize buildings in Oakland, Berkeley and Marin County because they housed cannabis dispensaries, this is the Justice Department's first forfeiture action against a San Francisco landlord. Shambala was one of eight San Francisco dispensaries whose landlords received asset forfeiture threat letters starting in the fall of 2011.

Last Tuesday, the city of Garden Grove told dispensaries in the city they must shut down. The city sent out a cease-and-desist notice to dispensary operators, warning they must close this week or face $1,000 a day fines. The city had banned dispensaries in 2008, but turned to a registration process in 2011, then stopping registering dispensaries last year as it awaited the state Supreme Court's ruling on whether locales can ban them. After the high court upheld local bans, Police Chief Kevin Raney sent out a letter calling on all of the more than 60 dispensaries within Garden Grove to close no later than Tuesday. Dispensary owners who do not comply could face criminal charges, the letter said, as well as fines or civil lawsuits.

Last Wednesday, US Attorney Melinda Haag defended her use of lawsuits against dispensaries. Lawsuits against landlords of medical marijuana dispensaries and letters threatening the landlords have been reasonable and are supported by educators, addiction specialists, police officers, clergy, parents and others who are "negatively affected by marijuana," Haag said in a statement. "The marijuana industry has caused significant public health and safety problems in rural communities, urban centers and schools in the Northern District of California. Because some believe marijuana has medicinal value, however, we continue to take a measured approach and have only pursued asset forfeiture actions with respect to marijuana retail sales operations very near schools, parks or playgrounds, at the request of local law enforcement, or in one case, because of the sheer size of its distribution operations."

Also last Wednesday, the Berkeley Patients Group vowed to fight Haag's efforts to shut it down. "We intend to vigorously defend the rights of our patients and the citizens of Berkeley to be able to obtain medical cannabis from a responsible, licensed dispensary," said Sean Luse, the chief operating officer of the Berkeley Patients Group. The previous week, Haag filed suit against the dispensary's landlord seeking to seize the San Pablo Avenue retail space. Haag had previously forced the Berkeley Patients Group to move by threatening to seize its old locale because it was too close to a school. The Berkeley Patients Group, founded in 1999, is the oldest  continuously operating medical marijuana dispensary in the Bay Area and  serves more than 10,000 patients.

Also last Wednesday, a Thousand Palms dispensary shut down after last Monday's state Supreme Court ruling. The ruling upheld the right of localities to ban dispensaries, and the owner of the Hazy Colitas dispensary said he was closing his doors on his attorney's advice -- before Riverside County sheriff’s deputies did it for him. In nearby Palm Springs, the owner of the CCOC dispensary said he feared he would have to close his doors as well. Palm Springs is the only city in Riverside County that allows dispensaries, but it limits the number of city-approved permits to three. Plans to allow a fourth are on hold. The city has already shut down 12 non-permitted operations and will continue to work on closing five dispensaries still operating without proper permits, said Palm Springs City Attorney Doug Holland. CCOC doesn't have a permit.

Last Thursday, San Bernardino police raided and closed one dispensary and raided a second only to find it had already shut down. City officials reported that 18 of the 33 dispensaries in the city had already shut down in the wake of last week's California Supreme Court ruling. The city had ordered them to close last Tuesday. City officials vow to shut down the rest, too.

Also last Thursday, the Stockton city council took its first step toward banning dispensaries just three years after it moved to allow them. The council moved after city staff warned that by allowing dispensaries the city could leave itself open to federal enforcement measures. At the Thursday meeting, the Planning Commission voted 5-2 in favor of the ban. One already permitted dispensary may be allowed to stay open.

Last Friday, San Bernardino police raided a dispensary that had previously been ordered to close but had quietly reopened, staying closed during the day, but doing business in the evening. City officials said they weren't interested in making arrests, but in closing down dispensaries.

On Monday, the Riverside County Democratic Central Committee passed a resolution calling on state legislators to "enact statewide regulations and licensing requirements that will provide for the safety and concerns of local communities as well as fulfill the mandate of Proposition 215... 'for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.'" The committee said strong community support is needed to boost statewide regulation efforts at the capitol in Sacramento.

Also on Monday, San Diego's draft law on dispensaries was given to the mayor and city council. The proposal builds on an ordinance passed two years ago. Medical marijuana advocates considered the zoning law component too restrictive, however, and collected enough petition signatures to get it rescinded, but ended up with dispensaries being made illegal in the city. Mayor Bob Filner has made getting regulated dispensaries back in the city a priority. The newly drafted ordinance would allow dispensaries to operate legally for five years under a conditional use permit. A 100-foot buffer would be required between dispensaries and residential zones. It also forbid dispensaries within 1,000 of public parks, playgrounds, child care centers, schools, churches, municipal libraries, residential care facilities and other pot shops.

Illinois

On Sunday, Lt. Gov. Sheila Simon came out in favor of a pending medical marijuana bill, saying that testimony from seriously ill veterans and other patients helped change her mind. The bill has passed the Illinois House and awaits a Senate vote. The bill would allow patients with more than 30 medical conditions to seek recommendations for medical marijuana, but also requires background checks of both caregivers and patients, limits patients to purchasing 2.5 ounces at a time, and bars them from growing their own. They would have to go to state-regulated dispensaries.

Maine

On Monday, a dispensary workers union filed a complaint against Wellness Connection of Maine, the state's largest dispensary operator. The complaint filed by the United Food and Commercial Workers with the National Labor Relations Board accuses the company of subjecting employees to unfair labor practices, including retaliation for participating in union activity. The NLRB’s regional director in Boston will investigate the claims and determine whether they should lead to formal action.

Massachusetts

Last Wednesday, the Public Health Council finalized medical marijuana regulations. They are set to go into effect May 24. The regulations leave the determination of appropriate medical marijuana use to doctors and patients, rather than restricting it based on an arbitrary list of conditions, restricts patients to 10 ounces every two months (but allows doctors to recommend more), allow patients to visit doctors other than their primary care physician for recommendations, allow patients to use multiple dispensaries, and sets a financial hardship threshold at 300% of the federal poverty line. Dispensaries are set to open next year.

Michigan

Last Friday, Attorney General Bill Schuette ruled that parents who use medical marijuana aren't disqualified from child custody or visitation. That immunity isn't absolute, however, Schuette clarified. Judges can determine if use presents unreasonable dangers to children, but they can't independently decide if a parent is qualified to use medical marijuana. Schuette's opinion came in response to a question from a state legislator.

On Monday, it was revealed that the state Medical Marijuana Review Panel was dissolved after the state admitted it erred in setting it up. "After a careful review of the Medical Marihuana Act… the make-up of the current Medical Marihuana Review Panel does not meet the administrative rule requirements… As a result, the Department of Licensing and Regulatory Affairs will be appointing a new panel that complies with the law. No further meeting of the review panel will be held until the new panel is appointed," the state said.



Relative Addictive Properties of Various Commonly Used Drugs

relative dangers and addictive properties of various drugs
Source: Dr. Jack E. Henningfield, Ph.D. for NIDA. Reported by: Philip J. Hilts, New York Times, Aug. 2, 1994 "Is Nicotine Addictive? It Depends on Whose Criteria You Use."
Image courtesy of Drug War Facts.

Medical Marijuana News Update

Marijuana is medicine for millions of patients around the US. Click here for medical marijuana news. Federal opposition persists in spite of successful medical marijuana programs in several states. States, cities moving to allow medical use by those in need.

For more information on medical marijuana and other drug policy reform issues, check out the Common Sense for Drug Policy. For the facts about medical marijuana, check out Drug War Facts: Medical Marijuana, and this CSDP public service ad on medical cannabis to learn more.


For The Latest News Check Out:

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Help make sure that patients can access medical cannabis safely and legally. Americans for Safe Access maintains this terrific Take Action page on their site to help you decide what actions you can take. Common Sense for Drug Policy also maintains this organizers' toolkit on their website.


Meet The Patients

The US Justice Department continues to stand between patients and their medicine. Click here to meet some of the patients and read their stories, and learn why this issue is so important.


The drug war lies on a foundation of myth. Learn the truth. Get the facts. Drug War Facts is your premier information source, offering uptodate information with full citations to aid in further research. Individual sections as well as full edition available electronically at DrugWarFacts.org. Get the facts about medical marijuana, prisons, drug treatment, syringe exchange, and more.
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Marijuana Is Safe, Effective Medicine

Cannabis, or marijuana as it is often called when referring to the drug form of the plant, is an effective medicine that is relatively safer than many commonly-used pharmaceutical products. In the last several decades US doctors and patients have been denied legal access to this substance. Click here to read this well-researched article about the medical benefits of cannabis and learn more about its uses.


Get Informed!

Get the facts about medical cannabis from Drug War Facts.
NORML's website provides a great deal of useful medical cannabis information. California NORML maintains this list of CA medical cannabis resources. Access hundreds of articles on medical cannabis from the popular press.


The US Justice Department is pressing forward with an aggressive campaign to prosecute medical marijuana offenders in spite of California's medical marijuana law (Prop 215) and in defiance of efforts by local officials to support legal medicine for patients. Targets have included prominent medical marijuana patients groups, caregivers, and individual patients attempting to grow medicine for themselves.... Click here for more.


Top Stories On The Web

US PA: Kane Against Pot Legalization

The Times-Tribune, 18 May 2013 - Attorney General Calls Marijuana a "Gateway Drug." HARRISBURG - Pennsylvania Attorney General Kathleen Kane told a gathering of newspaper editors Friday that she opposes legislation to legalize marijuana because users often move on to harder drugs.

Australia: OPED: Time To Get Real On Cannabis Use

The Australian, 18 May 2013 - The Benefits Are Clear; a Ban on Marijuana for Medicinal Purposes Cannot Be Supported MEDICINAL use of cannabis should be permitted in Australia. In 2013, we should not still be merely discussing this possibility. On Wednesday, a NSW parliamentary committee, chaired by Nationals MP Sarah Mitchell, unanimously recommended that medicinal cannabis be permitted for some people with certain terminal conditions.

US IL: Prescription Pot Vote Passes

Chicago Sun-Times, 18 May 2013 - No Hint by Quinn After 35-21 Vote SPRINGFIELD - The idea of Illinoisans turning to pot to treat severe illnesses moved closer to reality Friday after the Illinois Senate approved the medicinal use of marijuana over GOP objections it would encourage more serious drug use.

US WA: Pot Rules Taking Shape

Seattle Times, 17 May 2013 - Getting Ready State Officials Give a Taste of What's To Come by Releasing a Preliminary Draft of the Legal-Marijuana Plan, but Refinements Are Expected Washington residents and out-of-staters could buy an ounce of tested, labeled marijuana, seven days a week, up to 20 hours a day, in state-regulated stores under draft rules for a new legal-pot system released Thursday by the Liquor Control Board.

US CO: Column: Heading Into Uncharted Territory

Boulder Weekly, 16 May 2013 - Last week Colorado became the first U.S. state to adopt a set of rules that allows marijuana to be regulated like alcohol for adults. Legislators, task force members and all involved are to be congratulated for doing it in accordance with Amendment 64's spirit and under its tight, six-month deadline. It was obvious during the session that some legislators wanted to derail the process and were openly hostile to instituting the amendment at all, and it took some last-minute arm-twisting and horse-trading to get it done. If a good bill is one that doesn't completely satisfy anybody, then these could be considered successes.

US CA: Maxwell Calls For Citywide Pot Shops Ban

The Bakersfield Californian, 16 May 2013 - Bakersfield City Council member Terry Maxwell on Wednesday called for City Attorney Ginny Gennaro to draft an ordinance banning medical marijuana shops in the city. Medical marijuana advocates and opponents made conflicting appeals to the Bakersfield City Council Wednesday night.

US CA: Column: Step Up Your Game

Sacramento News & Review, 16 May 2013 - So, there will never be pot clubs in Sacramento County after last week's California Supreme Court ruling, right? - -Despondent Dave Nil desperandum, Dave! It's not as bad as you may think. Yes, the California Supreme Court ruled that cities and counties are allowed to ban medical-marijuana dispensaries, stating that while Proposition 215 does indeed "remove state-level criminal and civil sanctions from specified medical marijuana activities, [it does] not establish a comprehensive state system of legalized medical marijuana; or grant a . right of convenient access to marijuana for medicinal use; or override the zoning, licensing, and police powers of local jurisdictions; or mandate local accommodation of medical marijuana cooperatives, collectives, or dispensaries."

US DC: 2 On Council Hope To Decriminalize Pot

Washington Post, 16 May 2013 - Barry, Wells Want to Help Those Caught With Small Amounts Some D.C. Council members are crafting legislation to lessen the penalties for marijuana possession, hoping to settle the matter before outside groups petition the issue onto the ballot.

CN ON: Column: Orr Becomes a Weed-Whacker

The Intelligencer, 13 May 2013 - If those behind the idea of turning the arena in MacTier into a legal marijuana grow-op thought they had a fight on their hands before, No. 4 has just jumped over the boards. Bobby Orr was famous for scoring big goals and, if necessary, dropping the gloves, too.

Medical Marijuana

Courtesy of Drug War Facts, a project of Common Sense for Drug Policy.

  1. Since 1996, ten states have legalized medical marijuana use: AK, AZ, CA, CO, HI, ME, NV, OR, VT and WA. Eight of the ten did so through the initiative process, Hawaii's law was enacted by the legislature and signed by the governor in 2000, and Vermont's was enacted by the legislature and passed into law without the governor's signature in May 2004.

    Source:  National Organization for the Reform of Marijuana Laws (NORML), from the web at http://www.norml.org/index.cfm?Group_ID=3391, last accessed Oct. 9, 2004.

  2. The Institute of Medicine's 1999 report on medical marijuana stated, "The accumulated data indicate a potential therapeutic value for cannabinoid drugs, particularly for symptoms such as pain relief, control of nausea and vomiting, and appetite stimulation."

    Source: Janet E. Joy, Stanley J. Watson, Jr., and John A Benson, Jr., "Marijuana and Medicine: Assessing the Science Base," Division of Neuroscience and Behavioral Research, Institute of Medicine (Washington, DC: National Academy Press, 1999).

  3. The Institute of Medicine's 1999 report on medical marijuana examined the question whether the medical use of marijuana would lead to an increase of marijuana use in the general population and concluded that, "At this point there are no convincing data to support this concern. The existing data are consistent with the idea that this would not be a problem if the medical use of marijuana were as closely regulated as other medications with abuse potential." The report also noted that, "this question is beyond the issues normally considered for medical uses of drugs, and should not be a factor in evaluating the therapeutic potential of marijuana or cannabinoids."

    Source: Janet E. Joy, Stanley J. Watson, Jr., and John A Benson, Jr., "Marijuana and Medicine: Assessing the Science Base," Division of Neuroscience and Behavioral Research, Institute of Medicine (Washington, DC: National Academy Press, 1999).

  4. In the Institute of Medicine's report on medical marijuana, the researchers examined the physiological risks of using marijuana and cautioned, "Marijuana is not a completely benign substance. It is a powerful drug with a variety of effects. However, except for the harms associated with smoking, the adverse effects of marijuana use are within the range of effects tolerated for other medications."

    Source: Janet E. Joy, Stanley J. Watson, Jr., and John A Benson, Jr., "Marijuana and Medicine: Assessing the Science Base," Division of Neuroscience and Behavioral Research, Institute of Medicine (Washington, DC: National Academy Press, 1999).

  5. The Institute of Medicine's 1999 report on medical marijuana examined the question of whether marijuana could diminish patients' immune system - an important question when considering marijuana use by AIDS and cancer patients. The report concluded that, "the short-term immunosuppressive effects are not well established but, if they exist, are not likely great enough to preclude a legitimate medical use."

    Source: Janet E. Joy, Stanley J. Watson, Jr., and John A Benson, Jr., "Marijuana and Medicine: Assessing the Science Base," Division of Neuroscience and Behavioral Research, Institute of Medicine (Washington, DC: National Academy Press, 1999).

  6. "Conclusions: Smoked and oral cannabinoids did not seem to be unsafe in people with HIV infection with respect to HIV RNA levels, CD4+ and CD8+ cell counts, or protease inhibitor levels over a 21-day treatment."

    Source:  Abrams, Donald I., MD, et al., "Short-Term Effects of Cannabinoids in Patients with HIV-1 Infection - A Randomized, Placebo-Controlled Clinical Trial," Annals of Internal Medicine, Aug. 19, 2003, Vol. 139, No. 4 (American College of Physicians), p. 258.

  7. "This study provides evidence that short-term use of cannabinoids, either oral or smoked, does not substantially elevate viral load in individuals with HIV infection who are receiving stable antiretroviral regimens containing nelfinavir or indinavir. Upper confidence bounds for all estimated effects of cannabinoids on HIV RNA level from all analyses were no greater than an increase of 0.23 log10 copies/mL compared with placebo. Because this study was randomized and analyses were controlled for all known potential confounders, it is very unlikely that chance imbalance on any known or unknown covariate masked a harmful effect of cannabinoids. Study participants in all groups may have been expected to benefit from the equivalent of directly observed antiretroviral therapy, as well as decreased stress and, for some, improved nutrition over the 25-day inpatient stay."

    Source: Abrams, Donald I., MD, et al., "Short-Term Effects of Cannabinoids in Patients with HIV-1 Infection - A Randomized, Placebo-Controlled Clinical Trial," Annals of Internal Medicine, Aug. 19, 2003, Vol. 139, No. 4 (American College of Physicians), p. 264.

  8. "Nevertheless, when considering all 15 studies (i.e., those that met both strict and more relaxed criteria) we only noted that regular cannabis users performed worse on memory tests, but that the magnitude of the effect was very small. The small magnitude of effect sizes from observations of chronic users of cannabis suggests that cannabis compounds, if found to have therapeutic value, should have a good margin of safety from a neurocognitive standpoint under the more limited conditions of exposure that would likely obtain in a medical setting."

    Source:  Grant, Igor, et al., "Non-Acute (Residual) Neurocognitive Effects Of Cannabis Use: A Meta-Analytic Study," Journal of the International Neuropsychological Society (Cambridge University Press: July 2003), 9, pp. 687-8.

  9. In spite of the established medical value of marijuana, doctors are presently permitted to prescribe cocaine and morphine - but not marijuana.

    Source: The Controlled Substances Act of 1970, 21 U.S.C. §§ 801 et seq.

  10. Organizations that have endorsed medical access to marijuana include: the Institute of Medicine, the American Academy of Family Physicians; American Bar Association; American Public Health Association; American Society of Addiction Medicine; AIDS Action Council; British Medical Association; California Academy of Family Physicians; California Legislative Council for Older Americans; California Medical Association; California Nurses Association; California Pharmacists Association; California Society of Addiction Medicine; California-Pacific Annual Conference of the United Methodist Church; Colorado Nurses Association; Consumer Reports Magazine; Kaiser Permanente; Lymphoma Foundation of America; Multiple Sclerosis California Action Network; National Association of Attorneys General; National Association of People with AIDS; National Nurses Society on Addictions; New Mexico Nurses Association; New York State Nurses Association; New England Journal of Medicine; and Virginia Nurses Association.

  11. A few of the editorial boards that have endorsed medical access to marijuana include: Boston Globe; Chicago Tribune; Miami Herald; New York Times; Orange County Register; and USA Today.

  12. Many organizations have favorable positions (e.g., unimpeded research) on medical marijuana. These groups include: The Institute of Medicine, The American Cancer Society; American Medical Association; Australian Commonwealth Department of Human Services and Health; California Medical Association; Federation of American Scientists; Florida Medical Association; and the National Academy of Sciences.

  13. The Controlled Substances Act of 1970 established five categories, or "schedules," into which all illicit and prescription drugs were placed. Marijuana was placed in Schedule I, which defines the substance as having a high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision. To contrast, over 90 published reports and studies have shown marijuana has medical efficacy.

    Source: The Controlled Substances Act of 1970, 21 U.S.C. §§ 801 et seq.; Common Sense for Drug Policy, Compendium of Reports, Research and Articles Demonstrating the Effectiveness of Medical Marijuana, Vol. I & Vol. II (Falls Church, VA: Common Sense for Drug Policy, March 1997).

  14. The U.S. Penal Code states that any person can be imprisoned for up to one year for possession of one marijuana cigarette and imprisoned for up to five years for growing a single marijuana plant.

    Source: The Controlled Substances Act of 1970, 21 U.S.C. §§ 801 et seq.

  15. On September 6, 1988, the Drug Enforcement Administration's Chief Administrative Law Judge, Francis L. Young, ruled:
    "Marijuana, in its natural form, is one of the safest therapeutically active substances known....[T]he provisions of the [Controlled Substances] Act permit and require the transfer of marijuana from Schedule I to Schedule II. It would be unreasonable, arbitrary and capricious for the DEA to continue to stand between those sufferers and the benefits of this substance."

    Source: US Department of Justice, Drug Enforcement Agency, "In the Matter of Marijuana Rescheduling Petition," [Docket #86-22] (September 6, 1988), p. 57.

  16. The DEA's Administrative Law Judge, Francis Young concluded: "In strict medical terms marijuana is far safer than many foods we commonly consume. For example, eating 10 raw potatoes can result in a toxic response. By comparison, it is physically impossible to eat enough marijuana to induce death. Marijuana in its natural form is one of the safest therapeutically active substances known to man. By any measure of rational analysis marijuana can be safely used within the supervised routine of medical care."

    Source: US Department of Justice, Drug Enforcement Agency, "In the Matter of Marijuana Rescheduling Petition," [Docket #86-22], (September 6, 1988), p. 57.

  17. Between 1978 and 1997, 35 states and the District of Columbia passed legislation recognizing marijuana's medicinal value.
    States include: AL, AZ, AR, CA, CO, CT, FL, GA, IL, IA, LA, MA, ME, MI, MN, MO, MT, NV, NH, NJ, NM, NY, NC, OH, OK, OR, RI, SC, TN, TX, VT, VA, WA, WV, and WI.

For additional research on medical marijuana, see this excellent analysis of medical marijuana research by Common Sense for Drug Policy President Kevin B. Zeese and this update from Common Sense for Drug Policy, as well as the Drug War Facts section on marijuana.

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Sponsors Include: American Alliance for Medical Cannabis   --   Americans for Safe Access   --   Angel Justice   --   Angel Wings Patient OutReach, Inc.   --   California NORML   --   CannabisMD   --   Cannabis Action Network   --   Cannabis Consumers Campaign   --   Change The Climate   --   Common Sense for Drug Policy   --   DRCNet   --   Drug Policy Alliance   --   DrugSense   --   Green Aid   --   Human Rights in the Drug War   --   Patients Out of Time   --   Rhode Island Patient Advocacy Coalition   --   Safe Access
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