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Years of blood, sweat and tears to get Autism as a Qualifying Condition in the MMMA.
We have come a long way from 2013, when a parent submitted the first petition to add Autism as a qualifying condition within the Michigan Medical Marijuana Act. It was ultimately rejected due to a lack of any research materials and testimony. http://komornlaw.com/wp-content/uploads/2018/02/Final_Determination_Autism_436526_7.pdf In 2014, a Parent tried to submit a new Autism petition with some testimony about physicians treating Autism patients who qualify due to also having epilepsy. LARA rejected this petition because it said it had "issued its final decision" on Autism and would not reconsider new evidence. Komorn Law stepped in to protect the rights of the petitioner and her family member with Autism. We filed a lawsuit against LARA to force them to hear the new petition with the new testimony and new scientific research. After stalling for months and months in court, LARA gave up the fight and decided to hear the petition. The Medical Marihuana Review Panel held a public meeting and took public testimony. But the patient advocate panel member noticed that LARA had withheld the scientific research presented with the petition, depriving the review panel from the evidence! The panel postponed the vote on adding Autism until they had a chance to review the information. ARE YOU SERIOUS? LARA HOLDING THE SCIENCE FROM THE PANEL? https://www.mlive.com/news/detroit/index.ssf/2015/07/michigan_panel_delays_decision.html Dr. Christian Bogner testified in support of treating Autism with medical marijuana. He described his scientific theory on why Autism has been increasing, restated here on the Dr. Nandi show shortly after he testified in 2015. After hearing all of these parents begging for any option of a remedy to help their families, the review panel voted to recommend adding Autism as a condition in 2015. https://www.michigan.gov/lara/0,4601,7-154-79571_79575_79582-358181--,00.html
Mike Zimmer, the Director of LARA, issued a 4 page opinion on why he was rejecting adding Autism as a qualifying condition to the MMMA. In his opinion he stated multiple reasons why he was rejecting the condition. The petition used some language describing symptoms as "severe autism" but the petition was only for "autism" not "severe autism" , thus any person with "autism" could qualify for the medical use of marihuana. A lack of clinical based studies and scientific evidence and research on marijuana and Autism. That the MMMA did not require a physician recommending marihuana to be an expert in Autism or marihuana. That the "petition failed to acknowledge the direct impact on children" Some of the forms of delivery of medical marijuana (oils, extracts and edibles) advocated by those appearing at public hearing would not appear to be authorized under the MMMA. Mr. Zimmer was saying that because of a court opinion, he thought that some forms of medical marijuana were illegal. http://komornlaw.com/wp-content/uploads/2018/02/Final_Determination_Medical_Marihuana_Autism_08272015_554191_7.pdf We were completely knocked out by this denial and rejection. LARA Director Mike Zimmer delivered a knock out. We dotted the i's and crossed the t's, we played the court game, we forced LARA to hear a new Autism petition with physicians and parents testifying. Autism was fully rejected in 2015. That did not stop the parents, the families who have to deal and cope and live with Autism every day. This fight for a non-toxic medicine was far from over. https://www.detroitnews.com/story/news/politics/2015/08/28/agency-rejects-marijuana-autistic-kids/32486185/ https://www.freep.com/story/news/local/michigan/2015/07/18/medical-marijuana-cannabis-autism-seizures-cbd-thc-stoned-prohibition/30360041/ Meanwhile, other petitions have been rejected 2013-2016 , including Anxiety, Parkinson's Disease, Asthma, Insomnia, Manic Depression and Retinitis Pigmentosa. Only Post Traumatic Stress Disorder has been approved as a new condition. https://www.michigan.gov/lara/0,4601,7-154-79571_79575_79582-360123--,00.html Some of the petitions were denied due to there only being 6 panel members attending the public meetings. LARA decided that this was too few and would deny the conditions based on this "quorum" rule, that they themselves created. After some back and forth they finally changed this and made the administrative rules right. LARA did not reevaluate its decisions on the petitions that were rejected for a bogus internal reason however. Since almost every petition to add a new condition had been defeated, any morale and fighting spirit to continue petitioning for new conditions had petered out. LARA continued to add more and more hoops for petitioners, requiring that any petition to add a condition now MUST HAVE scientific research attached or it would be instantly rejected. That requirement sound reasonable, we all want our medical decisions to be based in science and peer-reviewed medical journals. However, the absurdity of this research requirement is illustrated by the actions of the National Institute of Health and the National Institute on Drug Abuse, which grants funding for research on medicine. Back in 2010, the New York Times asked NIDA what kind of research they fund on marijuana. https://www.nytimes.com/2010/01/19/health/policy/19marijuana.html The article goes on to detail multiple researchers who have waited YEARS to research marijuana benefits, not even requesting a grant, but self or privately funded research gets delayed. This delay, roadblock and hoop jumping is typical with research on marijuana, and it continues to this day. Researchers have even been "let go" for trying to research marijuana. http://www.phoenixnewtimes.com/news/weeded-out-how-the-u-of-a-fired-pot-researcher-sue-sisley-after-a-state-senator-complained-6635510 Local Michigan parent and 2015 Autism petitioner Dwight Zahringer, blogging his journey with Autism at the AutismDad website, did not give up on his son. Dwight was ready for another FIGHT, another petition. Something to help his child and all of the other families struggling with the terribly debilitating Autism diagnosis. The fight was on again! After losing so badly in 2015, we wanted to make sure we studied our failures as well as the weaknesses of the process of petitioning. Our new strategy going forwards was to study every single comment and complaint that every LARA director and LARA employee and review panel member made on the petitions over the last 5 years. Dwight was very patient waiting for us as we spent a year working on this project. After we learned each and every concern, complaint and comment , we used that information to build a massive resource of peer-reviewed scientific and medical research on marijuana to present to the review panel. Encouraged by the community and by her own son's transformation from an angry punching autism ball of anxiety into a loving child again, Michigan mom Amie Carter stepped up to be the petitioner on the 2018 petition. We took the original 2015 petition, cleaned it up, added new research from the past 3 years and resubmitted it in January 2018. While there has not been much research for marijuana and autism in the past 3 years, there has been a lot of research on the safety of marijuana and medical marijuana. We submitted many studies on the safety and efficacy of medical marijuana so that the panel could see the difference between the conventional and traditional treatment for autism versus medical marijuana. As all of the research and government reports have shown from years and years of research, marijuana is non-toxic, has no long term physical or mental effects and very few serious side effects. The most common side effects being drowsiness, euphoria, dry mouth and fatigue. This is in vast contrast to the serious, dangerous and sometimes fatal side effects of the prescription drugs that autism patients are routinely prescribed on a daily basis. http://www.health.state.mn.us/topics/cannabis/about/firstyearreport.html We waited for LARA to review our petitions. Three months later LARA scheduled two public meetings for our petitions. The review panel is appointed by the Governor of Michigan and composed of physicians and one non-physician patient advocate. Only one of the physicians on the panel had intimate knowledge and had treated medical marijuana patients. On April 27th 2018, the review panel held a public meeting for public testimony in Lansing. Due to LARA's stonewalling and discouraging of petitions over the years, almost everyone had given up on the petition process. Less than a dozen people testified in support of the conditions at the April 27th 2018 meeting. No one testified in opposition to the conditions. This is in stark contrast to the many families who showed up in 2015 to testify in support, and went to the panel begging for their help to allow them to use a non toxic medicine for Autism. The second meeting on May 4th 2018 was for the review panel to vote on the conditions. The panel at times argued different ideas and points about the law, petitions, the research, the lack of research and their experience in treating patients with the conditions. After the panel approved of 10 conditions, we had to wait again. The director of LARA has 180 days (July) from when the petitions are submitted (January) to decide to add or reject adding a new qualifying condition to the Michigan Medical Marijuana Act. Finally the day had come. One day before July 10th 2018, the 180th day limit to decide on the petitions, LARA Director Shelly Edgerton approved the conditions that the medical marijuana review panel had recommended. Five years of fighting for some relief from self injuring behavior. Five years of fighting for chronic irritability, screaming, punching, anxiety, compulsive tics and behavior and other autism symptoms. Medical Marihuana is just now an OPTION, another tool, another medicine, another thing to TRY. Five years of knock outs, bloody knuckles, bruised egos, black eyes, screaming, begging, pleading, rejection, scorn, hatred and crying. Friendships were forged and bridges were burned, physicians who we thought were there for us turned around and withdrew their support at the drop of a hat. Finally parents can breathe a small sigh of relief. A massive team effort of people, families, physicians, researchers, petitioners and organizers came together at random to work on this. As the president of the Michigan Medical Marijuana Association, I am proud to have been part of this process. I hope that the families who benefit, and the families who don't benefit share their experiences in trying medical marijuana for autism, so that we can advance science and knowledge of this condition and the cannabis plant. I also call on the governments of the world to encourage and conduct clinical trials of medical marijuana for diseases. To date, the FDA and National Institute of Health and National Institute of Drug Abuse have refused to fund research into medical marijuana.- 0 comments
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Senator Gillibrand slams Big Pharma on opioids and marijuana issues.
Senator Calls Out Big Pharma For Opposing Legal Marijuana Tom Angell A prominent Democratic U.S. senator is slamming pharmaceutical companies for opposing marijuana legalization. "To them it's competition for chronic pain, and that's outrageous because we don't have the crisis in people who take marijuana for chronic pain having overdose issues," Sen. Kirsten Gillibrand of New York said. "It's not the same thing. It's not as highly addictive as opioids are." Photo by Justin Sullivan/Getty Images "On the federal level, we really need to say it is a legal drug you can access if you need it," she said. Gillibrand, in an appearance on Good Day New York on Friday morning, was responding to a question about whether marijuana is a "gateway drug" that leads people to try more dangerous substances. "I don't see it as a gateway to opioids," she said. "What I see is the opioid industry and the drug companies that manufacture it, some of them in particular, are just trying to sell more drugs that addict patients and addict people across this country." Legalization advocates have long speculated that "Big Pharma" is working behind the scenes to maintain cannabis prohibition. And in 2016, Insys Therapeutics, which makes products containing fentanyl and other opioids, as well as a synthetic version of the cannabinoid THC, donated half a million dollars to help defeat a marijuana legalization measure that appeared on Arizona's ballot that year. Numerous studies have shown that legal marijuana access is associated with reduced opioid overdose rates. Research published this month, for example, concluded that "legally protected and operating medical marijuana dispensaries reduce opioid-related harms," suggesting that "some individuals may be substituting towards marijuana, reducing the quantity of opioids they consume or forgoing initiation of opiates altogether." "Marijuana is a far less addictive substance than opioids and the potential for overdosing is nearly zero,” the researchers wrote in the Journal of Health Economics. Last week, Gillibrand became the second cosponsor of far-reaching Senate legislation to remove marijuana from the Controlled Substances Act and withhold federal funding from states that have racially disproportionate enforcement of cannabis laws. “Millions of Americans’ lives have been devastated because of our broken marijuana policies, especially in communities of color and low-income communities,” she said at the time. "Legalizing marijuana is a social justice issue and a moral issue that Congress needs to address." Gillibrand is also a sponsor of far-reaching medical cannabis legislation and recently signed a letter calling for new protections for state marijuana laws to be inserted into federal spending legislation. "I think medical marijuana could be treatment for a lot of folks," she said in the interview on Friday. "A lot of veterans have told us that this is the best treatment for them. I do not see it as a gateway drug." Many political observers have speculated that Gillibrand will run for her party's presidential nomination in 2020. She and at least two other potential Democratic contenders have already endorsed marijuana legalization. Tom Angell publishes Marijuana Moment news and founded the nonprofit Marijuana Majority. Follow Tom on Twitter for breaking news and subscribe to his daily newsletter. https://www.forbes.com/sites/tomangell/2018/02/23/senator-calls-out-big-pharma-for-opposing-legal-marijuana/ NIDA says there is no gateway theory of marijuana. https://www.drugabuse.gov/publications/research-reports/marijuana/marijuana-gateway-drug- 0 comments
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Komorn Law recommends keeping medical marijuana card and protections.
After the legalization of marijuana in Michigan, some patients are thinking they could stop paying the state $100 for the special mmp card , and just use the recreational marijuana law to grow their medicine. A patient with a registered card can use the ultimate defense and immunity to avoid a driving under the influence charge. Only adults 21 or over are protected by the new legalization law, but no one yet knows how the new law will affect driving privileges. Is the zero tolerance of THC in your blood law still in effect for adult use marijuana ? The new law is similarly worded to the Michigan Medical Marijuana Act. Whereas the MMMA says While the meaning of "under the influence" was not decided within the MMMA until 2012, with People v Koon, that was 4 years of police arresting patients for driving with marijuana in their blood. The court in People v Koon came to the conclusion: Ignoring that for a minute, the Michigan State Police have been tasked with sampling saliva during road side stops for a task force on marijuana driving. The task force was created in order to find a nanogram limit for THC in blood, even though 50 years of scientific research on the subject has consistently said marijuana does not affect driving. http://komornlaw.com/35-years-research-reports-driving-cannabis-marijuana/ http://komornlaw.com/mmma-court-case-library/ So my advice is, if you are a patient, keep the patient card active until the courts either give up on all marijuana issues, or at least this driving issue , or it is decided by the Michigan Supreme Court. Basically, until non-patients get a similar "People v Koon" ruling from the Michigan Supreme Court, it is advised that any patients keep their cards to protect them fully under the MMMA. "Don't be the first person to test this in court."- 3 comments
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Making A Federal Case Out Of Marijuana
Our client, a medical marijuana patient registered with the State of Michigan, was out for a boat ride and some fishing on his friend’s boat. What started out as a glorious day with intentions of sun and fishing on the Detroit river later turned into federal charges of possession of marijuana (21 USC 844, 21 USC 844a) when a Border Patrol agent pulled up to them and wanted to search their vessel. Related: Michigan law regarding marijuana manufacture, delivery, and possession The federal border patrol agent required that the two passengers, my client and his friend, open all the containers in the immediate area, to which they complied. After the agent found no contraband, he demanded that the occupants of the boat hand over the marijuana because, according to the agent, it smelled like marijuana on the boat. Additionally, the agent said that if someone did not give him the marihuana, he was going to call the K9 unit. What does the driver of a car or boat say in response to a law enforcement officer demanding that the occupants of the vehicle hand over the marijuana, or else? For a vehicle, we know that the traffic stop can't or shouldn't take last for any longer that it takes to execute the traffic stop, identify and inform the driver of the violation, and issue a ticket, if appropriate. A traffic stop is not an opportunity to gather evidence of probable cause of the vehicle to search. That basic threat, calling the dogs, would be unconstitutional. That is to say, the delay in calling the dogs to get probable cause would be a delay beyond the scope of the lawful police interaction. The delay to call the dogs is a delay for the purpose of getting probable cause to search the vehicle. Most times this decision on how to respond should be determined on a case-by-case factual basis. In other words, depending upon what is within the vehicle, the driver may or may not comply with the request of the officer. The rule of thumb, however, is to never consent to a search, ever. Equally important is the rule that you should never talk to the police or answer questions. Specifically, in these traffic encounters, or even vessel encounters, the investigated driver is not under arrest. The encounter is an interaction called an investigation, and anything that is said during this encounter will be used against you. Ultimately, our client handed over the marijuana cigarettes and his patient card. As my client was reminded by the Border Patrol Agent, there is no medical marihuana on federal jurisdiction. Or said another way, it was the intent of this agent to make a federal case out of it. After being retained by our client, and after a few pretrial conferences and conferences with the Assistant United States Attorney, we learned that it was also the intent of the United States Government to make a federal case of it. Federal jurisdiction, as mentioned above, is a very different venue to litigate a marihuana case, even if it’s just for a joint or two. The liabilities for punishment are much greater, and in certain situations get worse, the more the accused litigates the case. That is to say, any benefits of resolving the case with a plea bargain are minimized should you force the government to litigate the case. It is under these circumstances that we needed to make our decisions on how to proceed. As we got closer to the day of trial, the Government offered a number of different plea offers and options to resolve the case. Unfortunately, none of them contemplated the medical use of marihuana while being supervised on probation. Similar to many of the State Courts throughout Michigan, the likelihood of any probation supervision of any kind would preclude the medical use of marihuana. Not directly pertinent to this case either factually or due to our federal court venue, the only Michigan case law that addresses the issue is a recent case in the Court of Appeals, People v Magyari, the defendant argued that, pursuant to the MMMA, the court could not prohibit his medical marijuana use during probation because he possessed a patient card, but the court’s opinion characterized the defendant’s use of marijuana as non-medical, and did not apply their reasons for upholding the lower court decision the appeal to all cardholders. A probation condition disallowing his medical use of marijuana was not acceptable to my client, and besides, who would want to plead guilty to something that the state government has authorized you to possess, let alone be on probation for the same behavior? So as often is the case, the choices that presented themselves compelled us to reject the offers to plead guilty and instead litigate the case. Our response to the offer to plead guilty was to file a “Motion to Dismiss Based Upon Justice Spending Funds to Prevent Implementation of Michigan Marijuana Laws.” I think it is more than ironic that as we put together the motion challenging the federal government’s authority and jurisdiction to prosecute the matter, the issue of States’ Rights was in the forefront in a national debate. As outlined in the motion, the legal authority prohibiting the jurisdiction of the government in our matter was vitiated by the Cole memorandum – both of them. Additionally, the Rhorabacher-Farr amendment was more than clear in its intent to preclude federal agents employed by the DOJ, including the DEA, from investigating or prosecuting medical marihuana patients that are in compliance with state law. If there was ever a case with the perfect facts to prevail upon it would be this case, and the mere two marijuana cigarettes. In contrast, the circumstances of the case cited, US v McIntosh, dealt with dispensaries and commercial marihuana sales. Our case was as authentic patient activity as one could find. After filing the motion to dismiss, and appearing for the motion hearing, we learned that the Government had decided to dismiss the case. The AUSA indicated to me that he had "no desire to go to the mat with me on this case" and he was "not going to make bad case law with this case." Or said another way, he knew that he was going to lose, and instead of dealing with that result which would be precedent and impact the entire Sixth Circuit Trial Court, he thought it best to dismiss the case, and let us go on our way. The moral of this story is that when they make a federal case out of it, you should do the same.- 1 comment
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Victory against unconstitutional search and seizures.
Komorn Law PLLC is proud to report another complete dismissal of all charges for our client. These past few months we have attained a high rate of dismissals of our client’s cases. In this case our client was charged with allegations of felonious marihuana conduct; the case involved the definition of a medical marijuana plant in the law. More specifically, whether or not the plant was producing food from photosynthesis and was “living”. Of course, the prosecutor wanted to fight about the definition of “usable marihuana” too. With a splash of Manual and Mansour mixed into the fray. Much to my surprise the Court was very familiar with the conflicts of law that currently exist within the MMMA and the court, and the issues that were created by the Mansour opinion. The court was prepared to grant a stay in the proceedings until that mess of an opinion gets worked out. Today the Court heard arguments from the parties regarding the warrantless search of my clients home and whether the government could constitutionally validate the warrantless search. In Michigan, we have found that the courts go to great lengths to destroy the 4th amendment protections, going so far as to have a “good faith” exemption to unconstitutional search warrants. As is often the case in warrantless searches regarding drug task forces investigating marijuana tips this case dealt with a “knock and talk". The knock and talk is a tool used by law enforcement agencies which allows them to traverse on to a citizen’s property, to question and even investigate a person or citizen. The knock and talk however is not absolute and there are specific limitations. The best way to describe is that the police would be allowed to come into a person's property in the same manner or method that a Girl Scout would or some other person soliciting something. Knock and talks are generally legal assuming that the police limit their interactions to the areas of the property that a citizen would not have an expectation of privacy. Examples of this limited to walking up the driveway to the front door. Nothing more nothing less. There is some significant case law recent years in Michigan that lays out specific details of some of those limitations and also when an officers’ knock and talk goes too far. People v Frederick and Van Doorne is a case involving Kent County Sheriff's officers that baked marijuana butter. The case went to the Michigan Supreme Court, which describes those limitations and the proper analysis for when and how officers can conduct knocks and talks. The court did not take issue with the police detectives/investigators in this case, ignoring the fact that they were not in police uniform when they did their knock and talk. The court ruled that it didn’t matter if the police were undercover, because that fact did not violate the knock and talk rules. Even though I disagreed with the court in this tiny issue, this was not the ultimate legal issue that was dispositive in this case. The legal issue that was dispositive in this case was that once the police officers, who were conducting a lawful knock and talk, and who were lawfully on the porch of my client's house, and were lawfully ringing the doorbell to interact with my client, with the intent of trying to establish probable cause to search possibly get a search warrant, it is what happened in that situation that was the ultimate dispositive issue to which the court ruled in our favor. As we have been finding more and more, police agencies in Michigan have an additional tool to trick patients and caregivers from the immunities from arrest, prosecution, and penalty of any kind. Police make offers to do a “compliance check”. Police will ask very politely if the homeowner will show them around their medical marijuana garden to ensure compliance with the MMMA. This was the ultimate issue in this case. As I mentioned this case involving search and seizure of evidence without a search warrant. The U.S. Constitution and the Michigan Constitution expressly prohibits the searching and seizures without a warrant. That in fact warrantless searches and seizures are per se invalid. The government must make an allegation to justify the warrantless search in order for the search warrant to be constitutionally valid. In this particular case, the government's theory of why the search and seizure was constitutionally valid, was because according to them my client consented to the search of his house. Today the government in this matter argued my client consented to a search of his house, offering the testimony of the officers who said my client consented to search and therefore the government did need a search warrant. While this theory may be true in other circumstances, a warrantless search and seizure is justified if the homeowner consents to a search and seizure. However this was not the testimony that supported the charges, this is not the way in which testimony came out at the prelim exam during cross-examination. Had the testimony in the preliminary examination been that they requested consent of the homeowner/my client to search his house and asked if they could come into search the house for illegal contraband or whatever arguably that would've made for a constitutionally valid search and seizure. As I argued today and in contrast to the states position I relied on the testimony at the prelim exam where I had locked the officers into admitting that they did not follow proper procedure, but upon encountering my client at the front door during the “lawful knock and talk”, that they indicated the reason to which they were there. That reason according to the officers was that there was a tip that they had received that there was an illegal marijuana grow that occurred was occurring at that location. As I got the officer to admit that when you explain to my client the reason why you were there when you're doing your knock and talk that he responded by telling you that he was a medical marijuana patient and that there was no illegal substances within the house. The officer answered yes. I said then what did you say next that ultimately resulted in you gaining access to the house the officer said “well I told him that he needed to check whether or not he was in compliance with the Michigan medical marijuana act”. During this colloquy I said to the officer please explain to me, please direct me, please show me what is your legal authority for doing a compliance check of any individual regarding their medical marijuana behavior? It is here at this juncture that the state’s case against my client fell apart. There is no legal authority for any drug task force team to do a medical marijuana compliance check. The specific section of the MMMA that prohibits this is section 333.26424G, possession of, or application for, a registry identification card shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of a person or property of the person possessing or applying for the registered indication card, or otherwise subject the person or property of the person to inspection by local county or state government agencies. At the hearing today it was this compliance check issue that was flushed out and ultimately the constitutional violation the resulted in the court holding that the consent to search was not valid. Because of that issue, the court found that the police did not constitutionally validate the warrantless search. The issue of consent to search has an abundance of jurisprudence both in Michigan and the federal court system. The concept of consent has been written about often, and raises various issues, charges, defenses etc. regarding police officers interactions with citizens. The States intrusions of citizens rights, or what would be described as unconstitutional, is of no consequence if the citizen, suspect or accused consents to that government behavior. However, consent must be unequivocal. It can’t be wishy washy and it can’t be based upon false or misleading information. Consent must be unequivocal and it must be given knowingly, voluntarily without threat or coercion. The capitulation to the government’s request can’t be based upon trickery or a lie. The circumstances of my client’s case today were about the consent, or shall i say consent that was not unequivocal or constitutionally valid. I read from the transcripts from the preliminary exam ( quoting from the testimony of the officers) where the officers had testified that the last statement made to my client before entering his house was that they the investigator/ detectives needed to do a medical marihuana compliance check. These same officers admitted they were not part of the MMFLA task force or investigators ( and were not even sure that they were even aware of the existence of that agency). I pointed out to the judge that there exists no legal authority by these officers to do a compliance check. A compliance check is not the same as consent to search. By asking, suggesting even implying that they had this legal authority is obtaining consent by trick, by misrepresentation or whatever you may want to call it, it was not “ knowing, voluntary and or without duress” consent. It was this behavior by the government actors the Court found to be the constitutional violation. The court found that my client’s consent, which was allegedly obtained, was invalid, and the warrantless search of the residence and the seizing of the property and “evidence” was unconstitutional. Thus the evidence seized was done so illegally and the court suppressed the evidence and all the charges were dismissed. The lesson learned here, and the take away is simple. 1. Don’t be fooled into believing that there exists a legal authority for police officers or drug task force officers to check or determine you compliance with the MMMA 2. Never, Ever, Ever consent to a search. The often forgotten 4th amendment got some love today, and my joy is that this Court today had the courage and wisdom to make the correct ruling.- 1 comment
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Michigan State Police Return Medical Marijuana to Patient
Mom tries medical marijuana for child with epilepsy
In phase 1 of the study, 3 mg/kg daily of cannabidiol (CBD) was given for 30 days to 8 health human volunteers. Another 8 volunteers received the same number of identical capsules containing glucose as placebo in a double-blind setting. Neurological and physical examinations, blood and urine analysis, ECG and EEG were performed at weekly intervals. In phase 2 of the study, 15 patients suffering from secondary generalized epilepsy with temporal focus were randomly divided into two groups. Each patient received, in a double-blind procedure, 200-300 mg daily of CBD or placebo. The drugs were administered for along as 4 1/2 months. Clinical and laboratory examinations, EEG and ECG were performed at 15- or 30-day intervals. Throughout the experiment the patients continued to take the antiepileptic drugs prescribed before the experiment, although these drugs no longer controlled the signs of the disease. All patients and volunteers tolerated CBD very well and no signs of toxicity or serious side effects were detected on examination. 4 of the 8 CBD subjects remained almost free of convulsive crises throughout the experiment and 3 other patients demonstrated partial improvement in their clinical condition. CBD was ineffective in 1 patient. The clinical condition of 7 placebo patients remained unchanged whereas the condition of 1 patient clearly improved. The potential use of CBD as an antiepileptic drug and its possible potentiating effect on other antiepileptic drugs are discussed.
Medical Marijuana remains the best option for Epilepsy
Adding Qualifying Conditions to the Michigan Medical Marihuana Act
004.-depression.pdf
007.-Obsessive-compulsive-disorder.pdf
008.-panic-attacks.pdf
011.-Schizophrenia.pdf
012.-Social-Anxiety-Disorder.pdf Marijuana and Medicine Assessing the Science Base 1999 report from the Institute of Medicine https://directorsblog.nih.gov/2014/04/10/anxiety-reduction-exploring-the-role-of-cannabinoid-receptors/
Medical Cannabis in Arizona: Patient Characteristics, Perceptions, and Impressions of Medical Cannabis Legalization. 014.-arthritis.pdf
023.-Rheumatoid-Arthritis.pdf
Preliminary assessment of the efficacy, tolerability and safety of a cannabis-based medicine (Sativex) inthe treatment of pain caused by rheumatoid arthritis Transdermal cannabidiol reduces inflammation and pain-related behaviours in a rat model of arthritis
025.-brain-injury.pdf
030.-Treatment-of-spinal-cord-injury.pdf
031.-asthma.pdf
Effects of smoked marijuana in experimentally induced asthma. Effects of cannabis on lung function: a population-based cohort study Newspaper ad from 1876 selling marijuana cigarettes for treating asthma. You may laugh at a marijuana cigarette as a real medical treatment, but marijuana is a verified bronchodilator similar in strength to albuterol, the standard asthma medication. The medical efficacy of this specific brand of Asthma cigarettes were specifically exempted within the Single Convention on Narcotic Drugs as created by the United Nations. This means these marijuana cigarettes were still able to be sold after each country banned marijuana. https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1951-01-01_4_page002.html https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1962-01-01_4_page005.html 036.-diabetes.pdf
The Health Effects of Cannabis and Cannabinoids The Current State of Evidence and Recommendations for Research (2017) The Impact of Marijuana Use on Glucose, Insulin, and Insulin Resistance among US Adults 044.-colitis.pdf
050.-gastric-ulcer.pdf
055.-Inflammatory-bowel-disease-IBD.pdf
064.-Ulcerative-colitis.pdf
Marijuana Use Patterns Among Patients with Inflammatory Bowel Disease Minnesota Medical Cannabis Program: Patient Experiences from the First Program Year by the MN Department of Health 2016. Cannabinoids and the Urinary Bladder Cannabinoids and gastrointestinal motility: Animal and human studies Medical cannabis – the Canadian perspective Impact of cannabis treatment on the quality of life, weight and clinical disease activity in inflammatory bowel disease patients: a pilot prospective study.
106.-organ-transplant.pdf https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4541500/ Medical Marijuana and Organ Transplantation: Drug of Abuse, or Medical Necessity?
107.-Non-severe-and-non-chronic-Pain.pdf https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3998228/ LARA statistics show the majority of the 250,000+ patients in the MMMA are using cannabis to treat chronic pain. As we know that the medical use of marijuana can treat “severe and chronic pain” already, it can and should be used to treat regular generic pain that is not severe and chronic. The reports and information from the Minnesota Department of Health on its medical marijuana program are very detailed and informative about patients experiences with medical marijuana. Minnesota Medical Cannabis Program: Patient Experiences from the First Program Year by the MN Department of Health 2016. http://www.health.state.mn.us/topics/cannabis/about/appendixa.pdf 108.-Parkinsons.pdf Other states already approve of medical marijuana for Parkinson's Disease. Including: Georgia, Vermont, Connecticut, Florida, Illinois, Massachusetts, New Hampshire, Ohio, New Mexico, New York, Pennsylvania, West Virginia and California http://www.google.com/patents/US6630507
111.-Tourette's-Syndromequalifying.pdf Tourette’s Syndrome is an approved medical marijuana qualifying condition in Arkansas, Illinois, Minnesota and Ohio. While the MMMA covers persistant and severe Muscle Spasms, Tourette's Syndrome sufferers may not have the severe symptoms that qualify. The 1999 Institute of Medicine report states that marijuana can be used to treat Tourettes
Syndrome.
112.-MMRP-Autism-Petition-2qualifying.pdf Pennsylvania Medical Marijuana Program lists Autism as a qualifying condition. There are two clinical trials for Autism and cannabis in 2017: Cannabinoids for Behavioral Problems in Autism Spectrum Disorder: A Double Blind, Randomized, Placebo-controlled Trial With Crossover. Cannabidivarin (CBDV) vs. Placebo in Children With Autism Spectrum Disorder (ASD) https://nccih.nih.gov/health/autism https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5473390/ Safety and Efficacy of Medical Cannabis Oil for Behavioral and Psychological Symptoms of Dementia: An-Open Label, Add-On, Pilot Study. An Open Label Study of the Use of Dronabinol (Marinol) in the Management of Treatment-Resistant Self-Injurious Behavior in 10 Retarded Adolescent Patients https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4648553/ DOWNLOAD ALL PETITIONS ONLY (34MB) DOWNLOAD ALL PETITIONS AND SUPPORTING STUDIES HERE (1.7GB)
Detroit fights against marijuana ballot proposals, again.
CBD products seized in Tennessee, state Attorney Generals call CBD illegal
Michigan is licensing marijuana businesses but they still cant use banks.
BUSTED: Forfeiture Laws Encourage Policing For Profit
Medical marijuana used to treat autism-related disorders
Michael Williams
9:56 PM, Feb 5, 2018
2:03 PM, Feb 6, 2018
PALM BEACH COUNTY, Fla. — Abigail Dar’s son, Yuval, is 24-years-old, and she says he is severely autistic. Mollie Ryckman Barrett’s youngest daughter, Sumer, is 13-years-old and has Asperger Syndrome. This is the story of two moms looking for answers to help their children. "Medication helps, at times. Sumer, who is doing well in seventh grade, takes two of them," Barrett said. “One helps her focus with her brain and one relaxes her brain a little bit.” Always, though, there is the nagging worry. “How safe really is the medication we are giving our children today?” asked Barrett. Dar gave her autistic son higher and higher doses of pharmaceutical prescription medications for years in a bid to control his anxiety and aggressiveness. Dar complained, “They just give medication hoping it will give an answer, which it doesn’t, and I get my kid crazier and crazier.” Amid that frustration, Dar had an alternative within reach. “Israel is much more liberal regarding medical cannabis,” Dar said. Dar spoke from her home outside Tel Aviv, Israel, where she is at the forefront of medical marijuana research. “I gave him (Yuval) his first dose and it was a miracle,” she remembered. The dose she talked about was a strain of medical cannabis she and her son’s psychiatrist settled on after trial and error. Yuval became calmer, less anxious, more attentive. “It’s a game changer,” Abigail said, “it gave us quality of life.” Barrett said she wants the same opportunity for her daughter, but their home in West Palm Beach, Florida is far removed from the access, and attitudes, available in Israel. “We should have a right to decide in our home what is in the best interest of our children, what is the safest alternative option for them,” Barrett said. She said she hopes to someday use cannabis derived oils for Sumer, but her child’s doctor does not agree with the idea. “He just says,” Barrett recalled, “that he doesn’t feel it’s a safe option and she seems OK on her medicine and there really are no side effects.” The American Academy of Pediatrics does not support medical marijuana use for autism-related disorders. One big issue, experts say, is the fact that there are many strains of cannabinoids in marijuana. Dr. Norina Ocampo is a South Florida pediatrician. “The other issue is they think probably all these compounds work synergistically with each other to help, so how do you pick which one will be the right compound,” she said. Dar is working with Israeli doctors, pushing for much more extensive research on that prime question. “Today we have over 300 kids having access to medical cannabis,” she said.
Michigan Medical Marijuana Expert Defense Attorney Michael Komorn gets grilled by House Committee while supporting asset forfeiture reform.
Michael Komorn Fights Against Asset Forfeiture in Michigan
Warrantless Wiretapping Encourages Constitutional Rights Abuses
Don’t Beauregard that joint my friend.
Hemp industry fights DEA for right to sell hemp, again.
The fight against hemp, marijuana, cannabis continues. https://mjbizdaily.com/congress-members-defend-cbd-blast-deas-hemp-decision/ Congress members defend CBD, blast DEA’s hemp decision Published January 12, 2018 | By Kristen Nichols In a bold show of support for the hemp industry and CBD, 28 members of Congress are asking a federal appeals court to reject the Drug Enforcement Administration’s argument that cannabidiol is a Schedule 1 drug. The Congress members filed the brief Thursday in conjunction with a pending lawsuit against the DEA. The 9th Circuit Court of Appeals is set to hear arguments in the case Feb. 15. The Congress members – 22 Democrats and six Republicans – argue that the DEA is “blatantly contrary” to the 2014 Farm Bill when it argues that CBD is a marijuana extract and therefore illegal. “The Farm Bill’s definition of industrial hemp includes any part of the plant, including the flower,” the Congress members argue in the brief. The members conclude that the federal agency’s rule about CBD was an “abuse of DEA’s administrative procedure and rulemaking authority.” The lawyer who wrote the brief for the Congress members, Steven Cash, told Marijuana Business Daily that Congress members took the extraordinary step of weighing in on the lawsuit in hopes of seeing the courts resolve the conflict between the Farm Bill and the DEA’s interpretation on the Controlled Substances Act. “Apart from arguing about the relative benefits, flaws and dangers of medical marijuana and hemp, it appears we’re going to solve this (conflict) through traditional avenues, the courts,” Cash said. The DEA said in late 2016 that because CBD cannot be easily extracted from non-flower parts of the cannabis plant, CBD should be considered a controlled substance. The decision brought a hasty lawsuit from the Hemp Industries Association and a CBD business. A lawyer for the hemp companies says the brief will show judges that Congress understood what it was doing when it authorized hemp production, meaning not just the stalks and seeds but the whole plant. “Congress has spoken, yet again,” Bob Hoban said in a statement. “The industrial hemp industry has seen exponential growth … and this case represents the most significant challenge the U.S. hemp industry has seen to date.”
Iowa State University blows at least $343,000 attacking marijuana and free speech.
The most comprehensive marijuana driving research from all over the world says.... marijuana drivers drive slower to compensate for being high.
The war on marijuana defies logic, science and reasoning, according to the government.
regarding the effects attributed to hemp drugs. It will
be well to summarize briefly the conclusions to which
they come. It has been clearly established that the occasional use of hemp
in moderate doses may be beneficial; but this use may be regarded as medicinal
in character. It is rather to the popular and common use of the drugs that the
Commission will now confine their attention. It is convenient to consider the
effects separately as affecting the physical, mental, or moral nature. In regard to
the physical effects, the Commission have come to the conclusion that the moderate
use of hemp drugs is practically attended by no evil results at all. There may be
exceptional cases in which, owing to idiosyncracies of constitution, the drugs in
even moderate use may be injurious. There is probably nothing the use of which
may not possibly be injurious in cases of exceptional intolerance. There are also
many cases where in tracts with a specially malarious climate, or in circumstances
of hard work and exposure, the people attribute beneficial effects to the habitual
moderate use of these drugs; and there is evidence to show that the popular
impression may have some basis in fact. Speaking generally, the Commission
are of opinion that the moderate use of hemp drugs appears to cause no
appreciable physical injury of any kind. The excessive use does cause injury.
As in the case of other intoxicants, excessive use tends to weaken the constitu-
tion and to render the consumer more susceptible to disease. In respect to the
particular diseases which according to a considerable number of witnesses should be associated directly with hemp drugs, it appears to be reasonably estab-
lished that the excessive use of these drugs does not cause asthma; that it may
indirectly cause dysentery by weakening the constitution as above indicated;
and that it may cause bronchitis mainly through the action of the inhaled smoke
on the bronchial tubes. In respect to the alleged mental effects of the drugs, the Commission have
come to the conclusion that the moderate use of hemp drugs produces no inju-
rious effects on the mind. It may indeed be accepted that in the case of special-
ly marked neurotic diathesis, even the moderate use may produce mental
injury. For the slightest mental stimulation or excitement may have that
effect in such cases. But putting aside these quite exceptional cases, the moder-
ate use of these drugs produces no mental injury. It is otherwise with the
excessive use. Excessive use indicates and intensifies mental instability. It
tends to weaken the mind. It may even lead to insanity. It has been said by
Dr. Blanford that "two factors only are necessary for the causation of insanity,
which are complementary, heredity, and stress. Both enter into every case: the
stronger the influence of one factor, the less of the other factor is requisite to
produce the result. Insanity, therefore, needs for its production a certain insta-
bility of nerve tissue and the incidence of a certain disturbance." It appears
that the excessive use of hemp drugs may, especially in cases where there is
any weakness or hereditary predisposition, induce insanity. It has been shown
that the effect of hemp drugs in this respect has hitherto been greatly exag-
gerated, but that they do sometimes produce insanity seems beyond question. In regard to the moral effects of the drugs, the Commission are of
opinion that their moderate use produces no moral injury whatever. There
is no adequate ground for believing that it injuriously affects the character of the
consumer. Excessive consumption, on the other hand, both indicates and inten-
sifies moral weakness or depravity. Manifest excess leads directly to loss of self-
respect, and thus to moral degradation. In respect to his relations with society,
however, even the excessive consumer of hemp drugs is ordinarily inoffensive.
His excesses may indeed bring him to degraded poverty which may lead him to
dishonest practices; and occasionally, but apparently very rarely indeed, exces-
sive indulgence in hemp drugs may lead to violent crime. But for all practical
purposes it may be laid down that there is little or no connection between the use
of hemp drugs and crime. Viewing the subject generally, it may be added that the moderate use of
these drugs is the rule, and that the excessive use is comparatively exceptional.
The moderate use practically produces no ill effects. In all but the most excep-
tional cases, the injury from habitual moderate use is not appreciable. The
excessive use may certainly be accepted as very injurious, though it must be admit-
ted that in many excessive consumers the injury is not clearly marked. The
injury done by the excessive use is, however, confined almost exclusively to the
consumer himself; the effect on society is rarely appreciable. It has been the
most striking feature in this inquiry to find how little the effects of hemp drugs
have obtruded themselves on observation. The large number of witnesses of all
classes who professed never to have seen these effects, the vague statements
made by many who professed to have observed them, the very few witnesses who
could so recall a case as to give any definite account of it, and the manner in
which a large proportion of these cases broke down on the first attempt to
examine them, are facts which combine to show most clearly how little injury
society has hitherto sustained from hemp drugs. Letter from the American Medical Association 1937 Re: H.R. 6906 SENATOR BROWN: Before we adjourn, I desire to place in the record a letter regarding the pending bill addressed to Senator Harrison by Dr. William C. Woodward, of the American Medical Association, Chicago, Ill. American Medical Association Bureau of Legal Medicine and Legislation Chicago, July 10, 1937 Hon. Pat Harrison Chairman, Committee on Finance, United States Senate Washington D.C. SIR: I have been instructed by the board of trustees of the American Medical Association to protest on behalf of the association against the enactment in it present form of so much of H.R. 6906 as relates to the medicinal use of cannabis and its preparations and derivatives. The act is entitled "An Act to impose an occupational excise tax upon certain dealers in marihuana, to impose a transfer tax upon certain dealings in marihuana, and to safeguard the revenue therefrom by registry and recording." Cannabis and its preparations and derivatives are covered in the bill by the term "marihuana" as that term is defined in section 1, paragraph (b). There is no evidence, however, that the medicinal use of these drugs has caused or is causing cannabis addiction. As remedial agents, they are used to an inconsiderable extent, and the obvious purpose and effect of this bill is to impose so many restrictions on their use as to prevent such use altogether. Since the medicinal use of cannabis has not caused and is not causing addiction, the prevention of the use of the drug for medicinal purposes can accomplish no good end whatsoever. How far it may serve to deprive the public of the benefits of a drug that on further research may prove to be of substantial value, it is impossible to foresee. The American Medical Association has no objection to any reasonable regulation of the medicinal use of cannabis and its preparations and derivatives. It does pretest, however, against being called upon to pay a special tax, to use special order forms in order to procure the drug, to keep special records concerning its professional use and to make special returns to the Treasury Department officials, as a condition precedent to the use of cannabis in the practice of medicine. in the several States, all separate and apart from the taxes, order forms, records, and reports required under the Harrison Narcotics Act with reference to opium and coca leaves and their preparations and derivatives. If the medicinal use of cannabis calls for Federal legal regulation further than the legal regulation that now exists, the drug can without difficulty be covered under the provisions of the Harrison Narcotics Act by a suitable amendment. By such a procedure the professional use of cannabis may readily be controlled as effectively as are the professional uses of opium and coca leaves, with less interference with professional practice and less cost and labor on the part of the Treasury Department. It has been suggested that the inclusion of cannabis into the Harrison Narcotics Act would jeopardize the constitutionality of that act, but that suggestion has been supported by no specific statements of its legal basis or citations of legal authorities. Wm. C. Woodward, Legislative Counsel Whereupon at 11:37 AM Monday, July 12, 1937, the subcommittee adjourned. The marihuana problem in the city of New York 1944 by New York (N.Y.). Mayor's Committee on Marihuana In a 220 page report, the La Guardia Committee on Marihuana investigated marijuana users, school children, and even conducted clinical studies on the effects of cannabis on 77 humans. Conclusions From the foregoing study the following conclusions are drawn:
1. Marihuana is used extensively in the Borough of Manhattan but the problem is not as acute
as it is reported to be in other sections of the United States.
2. The introduction of marihuana into this area is recent as compared to other localities.
3. The cost of marihuana is low and therefore within the purchasing power of most persons.
4. The distribution and use of marihuana is centered in Harlem.
5. The majority of marihuana smokers are Negroes and Latin-Americans.
6. The consensus among marihuana smokers is that the use of the drug creates a definite
feeling of adequacy.
7. The practice of smoking marihuana does not lead to addiction in the medical sense of the
word.
8. The sale and distribution of marihuana is not under the control of any single organized
group.
9. The use of marihuana does not lead to morphine or heroin or cocaine addiction and no effort
is made to create a market for these narcotics by stimulating the practice of marihuana
smoking.
10. Marihuana is not the determining factor in the commission of major crimes.
11. Marihuana smoking is not widespread among school children.
12. Juvenile delinquency is not associated with the practice of smoking marihuana.
13. The publicity concerning the catastrophic effects of marihuana smoking in New York City is
unfounded. Marihuana users accustomed to daily smoking for a period of from two and a half to sixteen
years showed no abnormal system functioning which would differentiate them from the nonusers. There is definite evidence in this study that the marihuana users were not inferior in
intelligence to the general population and that they had suffered no mental or physical
deterioration as a result of their use of the drug. Addiction and Tolerance As our group of subjects included 48 users of marihuana, opportunity was afforded for some
conclusions concerning marihuana addiction and tolerance. Practically all of our group of
users stated that they could and often did voluntarily stop the smoking for a time without any
undue disturbance from the deprivation. In the sociologic study reported by Dr. Schoenfeld it
was found that smokers had no compelling urge for marihuana. If "reefers" were not readily
available there was no special effort made to obtain them from known sources of supply. Dr.
Walter Bromberg, Psychiatrist-in-Charge, Psychiatric Clinic, Court of General Sessions in
New York, states: "The fact that offenders brought up on marihuana charges do not request
medical treatment on their incarceration (with its cessation of drug supply) argues for the
absence of with drawal symptoms.''(1) From interviews with several hundred marihuana users
he concludes that true addiction was absent.
(1) Bromberg, W. "Marihuana: a psychiatric study." J.A.MA. 113:4, 1939.=20
The evidence submitted here warrants the conclusion that as far as New York City is
concerned true addiction to marihuana does not occur. Drug addiction: crime or disease? Interim and final reports. USA 1961 Author: Joint Committee of the American Bar Association and the American Medical Association on Narcotic Drugs. In 1955-56 the American Bar Association and the American Medical Association appointed a Joint Committee on Narcotic Drugs to explore the problem. It issued a 173 page interim draft report of its findings in 1958, and sent it to the Bureau of Narcotics for review. In 1959, a comprehensive attack upon the ABA/AMA draft report was published by Harry J Anslinger at the Federal Bureau of Narcotics. Titled "Comments on Narcotic Drugs: Interim Report of the Joint Committee of the American Bar Association and the American Medical Association on Narcotic Drugs" by Advisory Committee to the Federal Bureau of Narcotics, U.S. Treasury Department, Bureau of Narcotics. The Department of Treasury, after seeing the draft report conclusions contradicted their Bureau of Narcotics, then threatened the AMA, ABA and the funders of the study with losing their tax-exempt status and other threats if they dared to publish the study reports. Alfred R. Lindesmith , professor at the University of Indiana then published the report 3 years later in 1961. On the basis of its studies and deliberations, the joint committee has reached the following conclusions concerning narcotic addiction and methods of dealing with narcotic addicts, which it submits for the purpose of indicating the need for further studies along the lines recommended above, and with the hope that these conclusions, although subject to reappraisal in the light of additional data, will be serviceable guides: 1. There appears to have been a considerable increase in drug addiction in the United States immediately following World War II; the increase was most apparent in the slum areas of large metropolitan centers and especially among minority groups in the population. 2. As a result, the federal government and many states passed legislation imposing increasingly severe penalties upon violators of the drug laws, as a means of dealing with the apparent increase in addiction. 3. This penal legislation subjects both the drug peddler and his victim, the addict, to long prison sentences, often imposed by mandatory statutory requirements without benefit of the probation and parole opportunities afforded other prisoners. 4. Though drug peddling is acknowledged to be a vicious and predatory crime, a grave question remains whether severe jail and prison sentences are the most rational way of dealing with narcotic addicts. And the unusual statutory basis of present drug-law enforcement, substantial federal domination in a local police-power field established by means of an excise measure enforced by a federal fiscal agency, invites critical scrutiny. 5. The narcotic drug addict because of his physical and psychological dependence on drugs and because of his frequently abnormal personality patterns should be as much a subject of concern to medicine and public health as to those having to do with law enforcement. But the ordinary doctor is not presently well equipped to deal with the problems of the narcotic addict, and even his authority to do so is in doubt. 6. The role of medicine and public health in dealing with drug addiction and the drug addict should be clarified. There must be a new determination of the limits of good medical practice in the treatment of drug addiction, and an objective inquiry into the question whether existing enforcement policies, practices and attitudes, as well as existing laws, have unduly or improperly interfered with good medical practice in this area. As part of this evaluation, consideration should also be given to the possibility of helping both the addict and persons formerly addicted through open clinic facilities as well as in closed institutions such as Lexington and Fort Worth. 7. It can be stated emphatically that no acceptable evidence whatsoever points to the indiscriminate distribution of narcotic drugs as a method of handling the problem of addiction. On the contrary, the use of such drugs, except for legitimate medical needs, should be discouraged by the best available means. Individuals who have become addicted should be given the benefit of all known medical and paramedical procedures to encourage them to withdraw from dependence on narcotic drugs voluntarily; those who have withdrawn should be given psychiatric and social-agency help as long as necessary to assure against relapse. We need much more information than is presently available about the best means of handling addicts who, despite the best professional efforts, continue to be dependent on drugs. An experiment conducted by experts (as proposed above in this report) should be charged with getting information on this point. 8. There is a high rate of relapse on the part of addicts who have been in the care of narcotics hospitals and installations for the treatment of addiction. The real reasons for this must be determined. Factors to be considered include the physical and personality make-up of the individual, the social pressures applied to him, both adverse and constructive, and the attitude and sophistication of medicine and the law regarding addicts and addiction. 9. some responsible authorities state that the physical and psychological dependence of addicts on narcotic drugs, the compulsion to obtain them, and the high price of the drugs in the illicit market are predominantly responsible for the crimes committed by addicts. Others claim that the drug itself is responsible for criminal behavior. The weight of evidence is so heavily in favor of the former point of view that the question can hardly be called a controversial one.-But this point is so fundamental to the development of a sound philosophy of management of the problem that any residue of reasonable doubt must be resolved. )In this connection the joint committee deplores the hysteria which sometimes dominates the approach to drug addiction problems by persons in positions of public trust. In terms of numbers afflicted, and in ill effects on others in the community, drug addiction is a problem of far less magnitude than alcoholism. Crimes of violence are rarely, and sexual crimes are almost never, committed by addicts. In most instances the addicts' sins are those of omission rather than commission; they are ineffective people, individuals whose great desire is to withdraw from the world and its troubles into a land of dreams. 10. It appears that neither compulsory hospitalization of all addicts nor permanent isolation is practicable at the present time. Hospital facilities to deal with narcotic addicts are not adequate in numbers, staff or program, and the permanent isolation of addicts, even if feasible, would not be a solution but only a temporizing maneuver--the very antithesis of the medical and scientific approach to the physical and behavioral problems of man. The foregoing recommendation and report will be submitted to the House of Delegates of the American Medical Association with resolutions similar to those appended hereto, merely conformed to adapt the language of the resolutions to A.M.A. purposes. The object of the resolutions is to continue cooperation between the two associations in further mutual efforts along the lines suggested in this report and the joint committee's interim report. It is firmly believed by the joint committee that the work it has already done clearly indicates a need for further joint efforts, carried on by both associations through permanent instrumentalities which have greater continuity, more facilities, and a broader mandate than the joint committee. Accordingly, favorable action on this report and its appended resolutions is respectfully urged. Even though the AMA knows the "gateway theory" was false, they still used it in the above public service announcement against marijuana. Wootton Commission Report UK 1968 SECTION VI GENERAL CONCLUSION AND RECOMMENDATIONS 67. The evidence before us shows that: An increasing number of people, mainly young, in all classes of society are experimenting with this drug, and substantial numbers use it regularly for social pleasure. There is no evidence that this activity is causing violent crime or aggression, anti-social behaviour, or is producing in otherwise normal people conditions of dependence or psychosis, requiring medical treatment. The experience of many other countries is that once it is established cannabis-smoking tends to spread. In some parts of Western society where interest in mood-altering drugs is growing, there are indications that it may become a functional equivalent of alcohol. In spite of the threat of severe penalties and considerable effort at enforcement the use of cannabis in the United Kingdom does not appear to be diminishing. There is a body of opinion that criticises the present legislative treatment of cannabis on the grounds that it exaggerates the dangers of the drug, and needlessly interferes with civil liberty. The Report of the Canadian Government Commission of Inquiry into the Non-Medical Use of Drugs - Canada 1972 SUMMARY STATEMENT OF CONCLUSIONS AND RECOMMENDATIONS 1. Although research has not clearly established that cannabis has sufficiently harmful effects to justify the present legislative policy towards it, there are serious grounds for social concern about its use, and this concern calls for a continuing police to discourage its use by means which involve a more acceptable cost, than present policies, to the individual and to society. The focus of our social concern should be the use of cannabis by adolescents, and the principal object of our social policy should be to restrict its availability to them as much as reasonably possible by the methods which appear to be most acceptable on a balance of benefits and costs. The only policy which can impose a significant restriction on availability is a prohibition of distribution. Under a system of administrative regulation or licensing, availability would be virtually unrestricted. A policy of making cannabis available to adults would have the effect of making it more available to minors. This is the lesson of our experience with alcohol. It would also make cannabis appear to be relatively harmless. Further, there is no reason to believe that we could effectively control potency and encourage moderate use by a system of administrative regulation or licensing. People will consume the quantities they require to achieve the desired level of potency or they will seek more potent forms, if necessary in the illicit market. Moreover, our present knowledge about cannabis would not permit a policy of legal availability that could be accompanied by suitable assurances as to what might constitute moderate and relatively harmless use 4. The costs to the individual and society of maintaining a prohibition of distribution are severe but they are justified by the probable effect of such a prohibition on availability and perception of harm, in contrast to the likely effect on both of a policy of legal availability. 5. The costs of a policy of prohibition of distribution are only acceptable, however, if the possible penalties for illegal distribution are reasonable in relation to the relative seriousness of the offence. Having regard to thc potential for harm of cannabis in relation to other drugs, the extent to which young people are involved in its distribution, and the general level of penalties in other countries, the present penalty structure for the illicit distribution of cannabis is grossly excessive. In some cases it does not leave the courts sufficient discretion, and in others it leaves them too much. 6. We recommend the following changes in the law respecting the illegal distribution of cannabis: (a) Importing and exporting should be included in the definition of trafficking as they are under the Food and Drugs Act), and they should not be subject to a mandatory minimum term of imprisonment. It might be appropriate, however, to make them subject to somewhat higher maximum penalties than other forms of trafficking. (b) There should be an option to proceed by indictment or summary conviction in the case of trafficking and possession for the purpose of trafficking. (c) Upon indictment, the maximum penalty for trafficking or possession for the purpose of trafficking should be five years, and upon summary conviction, eighteen months. It should be possible in either case to impose fine in lieu of imprisonment. (d) In cases of possession for the purpose of trafficking it should be sufficient, when possession has been proved, for the accused to nise a reasonable doubt as to his intention to traffic. He should not be required to make proof which carries on a preponderance of evidence or a balance of probabilities. (e) Trafficking should not include the giving, without exchange of value, by one user to another of a quantity of cannabis which could reasonably be consumed on a single occasion. 7. The costs to a significant number of individuals, the majority of whom are young people, and to society generally, of a policy of prohibition of simple possession are not justified by the potential for harm of cannabis and the additional influence which such a policy is likely to have upon perception of harm, demand and availability. We, therefore, recommend the repeal of the prohibition against the simple possession of cannabis. The cultivation of cannabis should be subject to the same penalties as trafficking, but it should not be a punishable offence unless it is cultivation for the purpose of trafficking. Upon proof of cultivation, the burden should be on the accused to establish that he was not cultivating for the purpose of trafflcking, but it should be sufficient for him, as in the case of possession for the purpose of trafficking, to raise a reasonable doubt concerning the intent to traffic. 9. The police should have power to seize and confiscate cannabis and cannabis plants wherever they are found, unless the possession or cultivation has been expressly authorized for scientific or other purposes. Marihuana: a signal of misunderstanding; first report 1972 by United States. Commission on Marihuana and Drug Abuse The Commission recommends only the following changes in federal law: • POSSESSION OF MARIHUANA FOR PERSONAL USE WOULD NO LONGER BE AN OFFENSE, BUT MARI- HUANA POSSESSED IN PUBLIC WOULD REMAIN CON- TRABAND SUBJECT TO SUMMARY SEIZURE AND FORFEITURE. • CASUAL DISTRIBUTION OF SMALL AMOUNTS OF MARIHUANA FOR NO REMUNERATION, OR INSIG- NIFICANT REMUNERATION NOT INVOLVING PROFIT WOULD NO LONGER BE AN OFFENSE. RECOMMENDATIONS FOR STATE LAW Private Activities • POSSESSION IN PRIVATE OF MARIHUANA FOR PER- SONAL USE WOULD NO LONGER BE AN OFFENSE. • DISTRIBUTION IN PRIVATE OF SMALL AMOUNTS OF MARIHUANA FOR NO REMUNERATION OR INSIGNIF- ICANT REMUNERATION NOT INVOLVING A PROFIT WOULD NO LONGER BE AN OFFENSE. Public Activities • POSSESSION IN PUBLIC OF ONE OUNCE OR UNDER OF MARIHUANA WOULD NOT BE AN OFFENSE, BUT THE MARIHUANA WOULD BE CONTRABAND SUB- JECT TO SUMMARY SEIZURE AND FORFEITURE. • POSSESSION IN PUBLIC OF MORE THAN ONE OUNCE OF MARIHUANA WOULD BE A CRIMINAL OFFENSE PUNISHABLE BY A FINE OF $100. • DISTRIBUTION IN PUBLIC OF SMALL AMOUNTS OF MARIHUANA FOR NO REMUNERATION OR INSIGNIF- ICANT REMUNERATION NOT INVOLVING A PROFIT WOULD BE A CRIMINAL OFFENSE PUNISHABLE BY A FINE OF $100. • PUBLIC USE OF MARIHUANA WOULD BE A CRIMINAL OFFENSE PUNISHABLE BY A FINE OF $100. • DISORDERLY CONDUCT ASSOCIATED WITH PUBLIC USE OF OR INTOXICATION BY MARIHUANA WOULD BE A MISDEMEANOR PUNISHABLE BY UP TO 60 DAYS IN JAIL, A FINE OF $100, OR BOTH. Drug use in America: problem in perspective; second report 1973 by United States. Commission on Marihuana and Drug Abuse The recommendations included: All public and private institutions should sponsor research and objective evaluation of drug-related issues, programs, and policies. Congress should create a single Federal drug agency. The accomplishments should be reexamined four years after its creation; and the agency, by law, should disband within five years. Each state should establish a unified drug agency on the same model as that proposed for the federal government. Congress should establish a commission four years hence to determine which measures have justified their costs and which have not and to propose new policies. The Single Convention Treaty should be redrafted to make clear that each nation is free to determine which domestic uses of drugs it will allow. Cannabis should be removed from the Single Convention on Narcotic Drugs (1961), since this drug does not pose the same social and public health problems associated with the opiates and coca leaf products. The American Medical Association should determine cocaine's therapeutic benefits. If no unique therapeutic use remains, the government should eliminate manufacture altogether. Except where the Commission has specifically recommended a change, the present levels of control on availability of psychoactive substances should be maintained. With respect to the drug trafficking laws, the trafficking offenses and penalty structure presently in force should be retained. The unauthorized possession of any controlled substance except marihuana for personal use should remain a prohibited act. The primary purpose of the possession laws should be detection of those persons who would benefit by treatment or prevention services, rather than criminal punishment. Federal criminal investigative agencies should concentrate primarily on the top level of the illegal drug distribution network. State enforcement should concentrate on the lower levels of both licit and illicit distribution networks. Criminal investigation activities at the federal level should not have regional offices, as BNDD and Customs have now but instead should deploy strike forces. Each state should have a separate unit charged with the responsibility of investigating any evidence of corruption in drug law enforcement agencies. Local police should receive appropriate training in dealing with the medical needs of drug-dependent persons, including alcoholics. The government should continue to prohibit heroin maintenance. Each state should establish a comprehensive statewide drug dependence treatment and rehabilitation program, with confidentiality-of-treatment laws. Drug abusers who are suffering from emergency medical conditions should not be refused treatment in hospitals, solely because of their drug abuse. The states should provide by law for emergency detention and treatment of persons (not to exceed 48 hours) so incapacitated by use of a drug that they cannot intelligently determine whether they are in need of treatment. Drug use prevention strategy, rather than persuading or "educating" people not to use drugs, should emphasize other means of obtaining what users seek from drugs, means that are better for the user and better for society. The government role should be limited to providing accurate information regarding the likely consequences of the different patterns of drug use. A moratorium should be declared on the production and dissemination of new drug information materials, including all drug education programs in the schools. State legislatures should repeal all statutes which now require drug education courses to be included in the public school curriculum. Government should not interfere with private efforts to analyze the quality and quantity of drugs anonymously submitted by street users. The government should not support programs which compel persons to undergo drug testing, except in limited situations. Government should remove legal and bureaucratic obstacles to research into the possible therapeutic uses of currently prohibited substances, such as marihuana and hallucinogens. Schools of medicine, pharmacy, nursing, and public health should include the social and medical aspects of drug use in their curriculum. Drug companies should end the practice of sending doctors unsolicited samples of psychoactive drugs. The business community should not reject an applicant solely on the basis of prior drug use or dependence, unless the nature of the business compels it. Industry should consider alternatives to termination of employment for employees involved with drugs. The business community should adopt "employee assistance" programs for drug problems. College and universities should make their policies and practices regarding drug use, including alcohol, explicit, unambiguous, and readily available to all students. Even those colleges and universities which strongly disapprove of student drug-use behavior should expand their counseling services rather than rely upon disciplinary measures alone. U.S. Senate Hearing on Juvenile Delinquency and Marijuana Decriminalization, including 4 years of research during 1971-1975. OPENING STATEMENT OF SENATOR BIRCH BAYH, CHAIRMAN Senator Bayh. We meet today to consider legislation relating to the appropriate legal sanctions for the private possession of small amounts of marihuana. Throughout the Subcommittee To Investigate Juvenile Delinquency's 4-year investigation of drug traffic and abuse I have noted with concern the growing number of arrests for marihuana possession. Arrests have increased from 188,682 in 1970 to 420,700 in 1973. It may go as high as 500,000 for 1974. This is not nearly as dramatic as the 1,000 percent increase between 1965-70 from 18,815 to 188,682; but it is rather astonishing that this 3-year increase of 232,018 is more than 12 times the total marihuana arrests just 10 years ago. Additionally, the number of marihuana arrests as a percentage of all drug arrests has increased substantially. In 1970 these arrests amounted to 45.4 percent of total drug arrest= During the 1970-73 period 1,127,389 of the total 2,063,900 drug arrests were for marihuana. And in 1973, the most recent year for which records are available, 67 percent of all drug arrests were for marihuana. Available studies and research to date have found that the majority of those arrested are otherwise law-abiding young people in possession of small amounts of marihuana. In fact, a Presidential commission found that the vast majority of users are essentially indistinguishable from their nonuser peers by any criteria other than its use. During these last 4 years, I have likewise been especially concerned about the ever-escalating level of serious crime. The recently released FBI report on the trends in crime for 1974 presents a frightening picture of the rising tide of criminal activity in America. Serious crime in the United States rose 17 percent last year, the highest, annual increase since the FBI began collecting data 45 years ago. In fact, the increase for the final quarter of 1974 had reached 19 percent. The suburban increase for last year was 20 percent while crime in rural areas increased by 21 percent. In smaller communities—under 10,000— crime increased by 24 percent last year while robbery alone went up 30 percent. ALLOCATING CRIME FIGHTING RESOURCES The rising tide of serious crimes inevitably raises the question of whether we are properly allocating our crime fighting resources and aggressively pursuing the arrest and criminal prosecution of the 13 million American users of marihuana. It is estimated that the prosecution of these cases costs $600 million annually. In 1969 and 1970 the subcommittee considered the adequacy of penalties for marihuana with the result that thenew Controlled Substances Act provided that simple possession or distribution of a small amount of marihuana for no remuneration were both designated misdemeanors, not felonieb. punishable by up to 1 year in jail and/or up to a $5,000 fine. It was the view of many members that the sanctions should be further reduced. Some suggested that the sanction be eliminated for such conduct. In order to permit a thorough assessment of these issues the subcommittee recommended the creation of a Presidential commission. The Congress agreed and provided for the establishment of the Commission on Marihuana and Drug Abuse in part F of the Controlled Substances Act. This body known as the Sliafer Commission, after its distinguished chairman, conducted an in-depth study of the issues and concluded that marihuana was not dangerous enough to the user or to the general public for its private possession and use to remain a criminal offense. In the last several years a growing list of organizations and individuals have endorsed the Shafer Commission recommendations, including the following: American Bar Association. Consumer Union, publishers of Consumer Reports. National Conference of Commissioners on Uniform State Laws. American Public Health Association. National Advisory Commission on Criminal Justice Standards and Goals. National Council of Churches. The Governing Board of the American Medical Association.
National Education Association.
B'nai B'rith. Canadian Commission of Inquiry into the Non-Medical use of
Drugs [Le Dain Commission],
San Franciso Committee on Crime. Mayor's Advisory Committee on Narcotics Addiction
[Washington, D.C.]. John Finlator, retired Deputy Director, Bureau of Narcotics and Dangerous Drugs, U.S. Department of Justice. William F. Buckley, Jr., syndicated columnist, author, TV host and editor of National Review. James J. Kilpatrick, syndicated columnist, Washington Evening Star. The subject of our hearing S. 1450, the "Marihuana Control Act of 1975" introduced by Senators Javits, Cranston, Brooke, and Nelson, reflects the general recommendation of the Shafer Presidential Commission. It adopts an approach similar to that undertaken by the State of Oregon which abolished criminal penalties for simple possession of marihuana and substituted a civil fine of up to $100 for possession and nonprofit transfers of up to 1 ounce of marihuana. Criminal penalties for sale of the drug for profit would remain intact. Thus, this approach maintains a policy of discouragement toward marihuana use while recognizing the current inappropriate use of law enforcement resources and the destructive impact of criminal records for such common conduct. Australian Royal Commission of Inquiry into Drugs, Australia 1979 On page A63, the report states: At present it appears that intermittent use of cannabis in low
dosages does not produce any permanent brain damage. While there is no
definite proof, to date, that long-term chronic high dosages of cannabis
produce any lasting brain impairment this needs further study. There
have been suggestions that cannabis might cause prolonged abnormalities
of mental function, including personality disorders and a cannabis
psychosis. There is no proven evidence that such disorders are caused
by cannabis. Acute Toxicity
THC has a wide safety margin, much more so than does alcohol. It is
almost impossible to get a lethal dose of THC from smoking marihuana
joints. Tolerance and Physical Dependence
Tolerance does occur if cannabis is administered regularly over a
long interval. While mild withdrawal symptoms (such as irritability,
restlessness and insomnia) occasionally develop in those who have
regularly taken a high dose of THC, there is not a typical abstinence
syndrome and there are no withdrawal effects from the usual low-dose,
'recreational' use of the drug.
At the present time, it would not seem that infrequent
'recreational' use of cannabis produces any severe direct consequences
to health. As already mentioned, there is impairment of driving
ability. Higher doses and frequent chronic use may constitute a
significant degree of risk to the user, but further research on this is
needed. Later, in Book C, Page C215, the following is stated on cannabis and health. CANNABIS AND HEALTH
Limitations on Scientific Investigation
Mr A. W. Parsons, Director of the Cannabis Research Foundation,
presented evidence to the effect that cannabis had been the subject of
considerable scientific probing. He stated:
Dr Lorna Cartwright, senior tutor in Pharmacy, University of
Sydney, stated in her address to the 1977 Cannabis Conference
that marihuana is one of the most thoroughly investigated drugs
in the history of scientific research. Eighty-four years of
scientific study has been unable to find any adverse health
effects of moderate cannabis use which impel a particular
legislative policy. This is not to say that more research is
not needed. 1t is always possible that certain harmful side
effects may be discovered, but considering the medical
information at hand and the social costs of the present laws,
scientific clairvoyance has been used for too long by the anti-
marihuana lobby to justify the present laws pertaining to
cannabis use. The Commonwealth Department of Health report previously mentioned
stated that although prolonged cannabis psychosis has been reported in
Eastern literature as occurring under conditions of unusually heavy use,
it is often difficult to isolate the causative role of marihuana from
that of pre-existing psychopathology or other drug use. Three research
studies of heavy chronic users conducted in Jamaica, G·reece and Costa
Rica failed to detect evidence of cannabis psychosis. However the small
numbers in each sample and the comparative rarity of this syndrome may
mean that such a consequence was missed (Open exhibit 636).
Professor R. T. Jones stated that persons with schizophrenia show a
marked psychosis when using marihuana but that this psychosis disappears
when marihuana use is discontinued (OT 18132--33). Mr A. W. Parsons, Director of the Cannabis Research Foundation,
agreed that marihuana impairs the ability to drive, but stated that the
size of the threat which cannabis poses to road safety is a matter of
conjecture (OT 2453). Mr J. Billington,founder of the Cannabis Research
Foundation, said in evidence that while inexperienced user/drivers may
cause problems for themselves and the rest of the community, the
problems are nowhere as great with experienced user/drivers (OT 10839).
Professor R. T. Jones (OT 18140--41) and Dr G. B. Chesher (OT 10474)
agreed that more experienced users drive with less impairment than
persons unfamiliar with the combination of marihuana and motor vehicles. Witnesses indicated that other possible medical applications of
cannabis are being examined. Researchers are investigating anti-tumor
activity, anti-anxiety and hypnotic effects, and analgesic and anti-
depressant effects. Some investigators have speculated that cannabis
may be useful in treating alcohol dependence. Professor N. Blewett, Past President of the South Australian Council
for Civil Liberties summarised this line of argument succinctly in a
paper entitled 'Marihuana: The Most Victimless Crime of All?'. This
paper, which was part of a submission by the Council to the South
Australian Royal Commission into the Non-Medical Use of Drugs, later
incorporated into the transcript of evidence of this Commission, said:
The law is simply an ass if, in seeking to protect a person
from his own actions, it imposes upon him far greater agreed
harm than anything likely to result from the prohibited
actions. Medical Use
Some witnesses argued that the existing laws had the effect of
preventing the use of cannabis for legitimate scientific and medical
purposes. On behalf of the Cannabis Research Foundation, Mr A. W.
Parsons stated:
We have had personal reports from patients who need cannabis,
particularly those suffering from internal cancer, epileptics
and patients suffering from glaucoma. We have had approaches
from their doctors saying, 'We need cannabis because none of
the other drugs work and this does. We are in a drought
situation. The Health Department will not give us any, nor
will the Drug Squad. What can you do for us?' This is
ridiculous when they are handing out amphetamines and such
things---it is ridiculous that we cannot get hold of cannabis
for simple therapeutic use.
(OT 2480)
The potential medical application of cannabis has been discussed
already in this chapter. It has also been noted that the law permits
the use of cannabis for legitimate scientific research. After finding that cannabis is non-toxic, non-addictive, has no evidence of any harms WHATSOEVER, has medical value in a number of different diseases, the committee said that cannabis should be prohibited forever. As you can see, the science, logic, reasoning, and evidence is ignored, buried, shunned and attacked. Book C, page C269. An Analysis of Marijuana Policy National Research Council of the National Academy of Science. 1982 At the same time, the effectiveness of the present federal policy of complete prohibition fails far short of its goal--preventing use. An estimated 55 million Americans have tried marijuana, federal enforcement of prohibition of use is virtually nonexistent, and 11 states have repealed criminal penalties for private possession of small amounts and for private use. It can no longer be argued that use would be much more widespread and the problematic effects greater today if the policy of complete prohibition did not exist; The existing evidence on policies of partial prohibition indicates that partial prohibition has been as effective in controlling consumption as complete prohibition and has entailed considerably smaller social, legal, and economic costs. On balance, therefore, we believe that a policy of partial prohibition is clearly preferable to a policy of complete prohibition of supply and use. UNITED STATES DEPARTMENT OF JUSTICE
Drug Enforcement Administration
In The Matter Of
MARIJUANA RESCHEDULING PETITION
Docket No. 86-22
OPINION AND RECOMMENDED RULING, FINDINGS OF
FACT, CONCLUSIONS OF LAW AND DECISION OF
ADMINISTRATIVE LAW JUDGE
FRANCIS L. YOUNG, Administrative Law Judge
DATED: SEPTEMBER 6, 1988 CONCLUSION AND RECOMMENDED DECISION Based upon the foregoing facts and reasoning, the administrative law judge concludes that the provisions of the Act permit and require the transfer of marijuana from Schedule I to Schedule II. The Judge realizes that strong emotions are aroused on both sides of any discussion concerning the use of marijuana. Nonetheless it is essential for this Agency, and its Administrator, calmly and dispassionately to review the evidence of record, correctly apply the law, and act accordingly. Marijuana can be harmful. Marijuana is abused. But the same is true of dozens of drugs or substances which are listed in Schedule II so that they can be employed in treatment by physicians in proper cases, despite their abuse potential. Transferring marijuana from Schedule I to Schedule II will not, of course, make it immediately available in pharmacies throughout the country for legitimate use in treatment. Other government authorities, Federal and State, will doubtless have to act before that might occur. But this Agency is not charged with responsibility, or given authority, over the myriad other regulatory decisions that may be required before marijuana can actually be legally available. This Agency is charged merely with determining the placement of marijuana pursuant to the provisions of the Act. Under our system of laws the responsibilities of other regulatory bodies are the concerns of those bodies, not of this Agency, There are those who, in all sincerity, argue that the transfer of marijuana to Schedule II will "send a signal" that marijuana is "OK" generally for recreational use. This argument is specious. It presents no valid reason for refraining from taking an action required by law in light of the evidence. If marijuana should be placed in Schedule II, in obedience to the law, then that is where marijuana should be placed, regardless of misinterpretation of the placement by some. The reasons for the placement can, and should, be clearly explained at the time the action is taken. The fear of sending such a signal cannot be permitted to override the legitimate need, amply demonstrated in this record, of countless suffers for the relief marijuana can provide when prescribed by a physician in a legitimate case. The evidence in this record clearly shows that marijuana has been accepted as capable of relieving the distress of great numbers of very ill people, and doing so with safety under medical supervision. It would be unreasonable, arbitrary and capricious for DEA to continue to stand between those sufferers and the benefits of this substance in light of the evidence in this record. The administrative law judge recommends that the Administrator conclude that the marijuana plant considered as a whole has a currently accepted medical use in treatment in the United States, that there is no lack of accepted safety for use of it under medical supervision and that it may lawfully be transferred from Schedule I to Schedule II. The judge recommends that the Administrator transfer marijuana from Schedule I to Schedule II. Dated: SEP 6 1988 Francis L. Young Administrative Law Judge Legislative options for cannabis use in Australia Commonwealth of Australia 1994 No best single option for cannabis legislation exists. What is most appropriate will depend upon what goals both policy makers and the community are seeking to achieve. Our review suggests that two of the five legislative options discussed above are inappropriate in contemporary Australian circumstances. They are the options which we have characterised as total prohibition and free availability. Australia experiences more harm, we conclude, from maintaining the cannabis prohibition policy than it experiences from the use of the drug. We also reject the legislative option of the free availability of cannabis. Our society is one that accepts that governments and others have both the right and the responsibility to intervene in diverse ways to protect people from harm and to advance the common good. It would be unreasonable, therefore, to argue that cannabis should be available in an uncontrolled manner. We conclude that cannabis law reform is required in this country. Many options for policy, legislation and implementation processes exist within the broad categories of prohibition with an administrative decision that it is inexpedient to prosecute people for minor cannabis offences, prohibition with civil penalties, partial prohibition and regulated availability. We believe, on the available evidence, that widely accepted social goals, well attuned to the needs of contemporary Australian society, will be attained through the adoption and implementation of policies which lie within these options. CANNABIS: OUR POSITION FOR A CANADIAN PUBLIC POLICY REPORT OF THE SENATE SPECIAL COMMITTEE ON ILLEGAL DRUGS 2002
Will teens no longer go to jail in Michigan for minor in possession of alcohol?
Michigan State Police Medical Marijuana Investigation Section MMIS
smuggling. It is interesting that the Michigan State Police are now getting on board with Medical Marihuana in Michigan. Official statements and policy by the MSP in the past have all been against the MMMA and MMFLA at multiple points. https://www.southbendtribune.com/news/local/new-laws-in-michigan-shake-up-the-marijuana-industry/article_21fd1838-50a3-5281-a65a-06ebba9ca838.html http://www.detroitnews.com/story/news/local/michigan/2018/01/01/medical-marijuana-enforcement-grants-michigan/109087886/ When the MMMA became law, police officers were not trained how to handle medical marijuana situations. Ken Stecker from the Prosecuting Attorneys Association of Michigan authored a reefer madness type propaganda power point presentation around the state explaining the MMMA to various law enforcement agents and organizations. Ken Stecker included propaganda such as this in his “updated presentation” on Michigan’s Medical Marihuana Program. Why was a person, not affiliated in any way with the State of Michigan, going around doing talks with local, county and state police officers about a medical law? What is this Medical Marijuana Investigation Section? The House Legislative Analysis explains what HB 4209 (Public Act 281 of 2016) aka the MMFLA does for law enforcement: The Department of State Police (MSP) would provide 34.0 FTEs for criminal enforcement activities related to medical marihuana at an annual cost of $6.0 million. This assumption is based on the personnel employed by the MSP to provide criminal enforcement activities for the Michigan Casino Gaming Board (MGCB). The Department of Attorney General (AG) would provide 4.0 FTEs for legal and prosecutorial support related to medical marihuana at an annual cost of $500,000. After being against the MMMA, the MMFLA, patients, caregivers, and everything possibly to do with medical marijuana, the Michigan State Police now have to regulate and enforce it. Compliance Checks? Marijuana Tracking ACT ? The Seed to Sale , or Marijuana Tracking ACT is a law in Michigan to track and report all sales, transfers, processes, manufacturing and cultivation within the MMFLA. It allows law enforcement agencies to verify and enforce regulations in the MMFLA, including the tracking of patient and caregiver purchases within the retail state-licensed MMFLA dispensaries. Ultimately, the police have inserted themselves between you and your doctor. The police asked for these regulations during the MMFLA law drafting committees and senate and house hearings on these bills. The police want to look at the MMFLA registry and if you have bought too much marijuana from the system within some random arbitrary window of time, they are going to want to investigate you. Just for the medical use of marijuana as granted by the State of Michigan. It is sad that the police are enforcing patient’s medication with jail time.
Lt Gov Calley / Governor Rick Snyder limits opioid prescriptions
Deborah Dowell, MD, MPH. Tamara M. Haegerich, PhD. Roger Chou, MD.
JAMA. 2016;315(15):1624-1645. doi:10.1001/jama.2016.1464 https://beta.theglobeandmail.com/news/national/among-veterans-opioid-prescription-requests-down-in-step-with-rise-in-medical-pot/article30285591/ Of course medical marijuana can be used as a painkiller in the states with working medical marijuana laws. What about the people who don’t know about medical marijuana? Unfortunately, the limits, burdens and tightening of the rules for doctors and pharmacists to prescribe and dispense pain medication have caused patients’ quality of life to drop. Due to these new rules, patients have been dropped by physicians, denied prescriptions at pharmacies and have been forced to turn to heroin just to attain pain relief. Thousands of people have signed this petition to have some of these rules rescinded so they can get their medications back, to no avail. The reports detailing denials of pain medications were posted to the change.org petition. The reports are heartbreaking. These patients need a replacement therapy after they have been denied prescription opioid analgesics by their physicians and pharmacists. https://www.change.org/p/congress-ease-the-dea-s-grip-on-doctors-allowing-chronic-pain-patients-to-get-the-medications-we-need Marijuana can prevent the intensity and amount of migraines. Marijuana is also useful as an adjunct therapy to opioid prescriptions because it allows the patient to use fewer opioids to achieve the same pain relief. Physician Guide to Cannabis-Assisted Opioid Reduction
Prepared by Adrianne Wilson-Poe, Ph.D.
Distributed by Congressman Earl Blumenauer