You see, the Canadian government was forced by the courts to insure that medical marijuana patients had a legal means to obtain pot, so they grew some deep in a secure mine, chopped it up (including seeds and stems), and so far have made it availble for sale to ten patients. The marijuana was supposed to have 10% THC, but, according to Canadians for Safe Access, tests at around 4%, which requires much more smoking to get any medical effect.
Now, since U.S. citizens are flocking to Canada for prescription drugs, maybe Canadian patients can try the U.S. for medical marijuana? (see cartoon) Nope.
The United States government also grows marijuana. It's a monopoly under the direction of the National Institute on Drug Abuse (NIDA) which has no interest in helping medical marijuana studies. In fact, they tend to insure that any "scientific" studies reflect their point of view (as the recent ecstasy debacle shows). They grow the only pot which can legally be used for research.
At present, the National Institute on Drug Abuse (NIDA) contracts to Dr. ElSohly at the University of Mississippi to grow marijuana at an outdoor, fenced facility with 24-hour armed guards. The product that is grown is seeded, leafy, low-potency material with stems included. The product is sent to Research Triangle Institute in North Carolina for rolling into standardized cigarettes, usually with about 4% THC
The pot is unsmokeable, they say, full of sticks, stems and seeds. The leaves have gone stale after at least a year of storage, freezing and then thawing.
Too bad governments couldn't get someone good at growing medical marijuana like Steve Kubby to grow it for them. Unfortunately, the feds keep arresting them. Or someone like Peter McWilliams to provide his wealth of knowledge. Unfortunately, they killed him.
Now, however, Prof. Lyle Craker, Director, Medicinal Plant Program, UMass Amherst Department of Plant and Soil Sciences, is in the midst of the process of seeking DEA permission to establish a medical marijuana production facility to grow high-potency marijuana for FDA-approved research (tons of info at MAPS).
The DEA will probably reject the application. They don't want anyone to really research medical marijuana, because they know that medical marijuana is sound science and they're afraid of losing their stranglehold.
The public comments time period of the application ends September 22. You can add your voice.
Oral arguments were heard yesterday morning by the 9th U.S. Circuit Court of Appeals panel in a combined series of cases which challenges the constitutional right of the federal government to interfere in medical marijuana cases.
Santa Clara University professor Gerald Uelmen urged a panel of three judges to find that "Americans have a fundamental constitutional right to relieve their pain."
Back in May, 2001, the Supreme Court ruled 8-0 (United States v. Oakland Cannabis Buyers' Cooperative, No. 00-151) that medical necessity is not an allowable defense in federal marijuana cases, due to the specific language used in the Controlled Substances Act. This was a narrowly tailored ruling, which left the door open to challenges on other grounds.
The Oakland Cannabis Buyers' Cooperative has now joined with the Marin Alliance for Medical Marijuana, the Ukiah Cannabis Buyer's club, and Wo/Men's Alliance for Medical Marijuana to expand the argument in the hopes of working back up to the Supreme Court.
Some of the court documents are available here. In brief, this case deals with several points:
Commerce Clause issues
The groups' activities are wholly intrastate and the government has not shown justification for using the commerce clause for intrastate activity under the necessary and proper clause.
Some of the activities are non-economic and so cannot be prohibited under either clause
The federal government's actions encroach upon the sovereign powers of the state of California
Patients' 5th and 9th amendment rights are violated
The right to bodily integrity, to ameliorate pain, and to prolong life
Physician-patient relationship rights
Government has failed to offer any legitimate, much less compelling justification for infringement on these rights
There are also some technical issues involved.
Just as the Truth in Trials Act which will be considered in Congress is the best hope for medical marijuana from the legislative branch, this combined case seems to be the best hope for judicial relief. It's a tough battle, and the Supreme Court may be wary of dealing with this case (if it gets there) due to the fact that commerce clause and state sovereignty issues are potentially a problem in much of the federal government's activities, and the court may not wish to open that can of worms.
I'll let you know about the progress of this case as it develops.
TalkLeft: The Politics of Crime is without a doubt the most informative and interesting site of its kind out there and it's great to have so many TalkLeft readers stopping by.
Just in case you missed it, I'm opposed to the war on drugs. Liberals, conservatives, libertarians, stoners, and teetotalers are all welcome. There are good reasons for all of you to be opposed to the war as well. You may have different views about how to fix it, but that's better than blind obedience to past failures.
Seattle voters approved Initiative 75 yesterday by 59 percent to 41 percent.
The new city ordinance will make marijuana laws, as they relate to adult personal use, the city's lowest law-enforcement priority. Seattle becomes the largest city in the U.S. with such a law.
"Seattleites don't think adults should go to jail for marijuana," said Dominic Holden, campaign manager for I-75. "Voters agreed with us that law enforcement has more important priorities." Others at the smoke-free I-75 victory party in Belltown saw something broader in the vote. "It gets people to think more rationally about our drug laws," said Andy Ko, head of the American Civil Liberties Union of Washington. "Our drug laws are so knee-jerk."
Update: Thanks to Tim Meehan for this little gem. Philip Dawdy of the Seattle Weekly reports a rather unusual moment while our Drug Czar was in Seattle campaigning against I-75.
"The real issue is should we legalize marijuana," Walters said. "Let's have a debate about that."
Dawdy seems to consider this statement as a possible chink in the armor (to even mention the idea of debate, when the feds have run from debate at every turn).
I believe, however, that it is mere rhetoric, similar to Walters' repeated reference to medical marijuana as a "lie," claiming that all medical marijuana activists want is legalization. After his debate statement, it appears that he was surprised when asked how the White House would support the debate process, and he immediately went back to blaming drug policy reformers.
If John Walters ever decides to debate marijuana legalization, there are plenty of people willing to take him on, including myself. I'll pay my own way. Just tell me when and where, Mr. Drug Czar, and I'll be ready.
For the first time ever, a federal law recognizing the validity of state medical marijuana laws will be introduced in the U.S. Senate. U.S. Sen. Richard Durbin (D-IL) will introduce the Senate version of the Truth in Trials Act in October. Now is the time for you to write to your U.S. senators urging them to be original cosponsors of this medical marijuana legislation.
Go to MPP and follow the link to send a fax to your Senators asking them to co-sponsor and support this important legislation.
Why is this important? Currently, if you are a medical marijuana user (and legally approved in a state that allows medical use), if you are tried in federal court you are not allowed to even mention the reason you use marijuana or that it's legal for medical purposes in your state - a horrible travesty of justice. This bill would allow a medical defense.
Once again, I'm proud to have Durbin as my Senator (see Can Congress Get a Clue? (Karen Tandy and the DEA)). If you're from Illinois, consider giving his office a call at (202) 224-2152 and say thanks. They really appreciate hearing this kind of thing.
An estimated 11 million Americans, including nearly one in five 21-year-olds, have driven while under the influence of illegal drugs, the government says...
John Walters, director of the White House Office of National Drug Control Policy, said the statistics show a failure to convince drivers that drugs impair driving as much as alcohol does. His office is kicking off an ad campaign to warn teens about driving while smoking marijuana.
"Marijuana is not the soft drug. Marijuana is not the casual rite of passage," Walters said at a news conference. "We have been sending the wrong message."
Notice how he says that the "statistics show a failure to convince drivers that drugs impair driving as much as alcohol does". Perhaps that's because, in the case of marijuana, it just isn't true!
Now, I don't recommend driving with any kind of impairment, whether it's drugs, alcohol, fatigue, or using a cell phone. But Walters is distorting the facts once again.
According to the National Highway Traffic Safety Administration study titled "Marijuana and Actual Driving Performance" (published November, 1993): "THC's adverse effects on driving performance appear relatively small." and "Evidence from the present and previous studies strongly suggests that alcohol encourages risky driving whereas THC encourages greater caution."
According to a 1994 Dutch study on "Marijuana Use And Driving" in real world conditions: "THC's adverse effects on driving performance appeared relatively small in the tests employed in this program."
A May 1998 Australian review of 2,500 injured drivers reported that cannabis had "no significant effect" on driving culpability."
...researchers found that the mellowing effects of cannabis made drivers more cautious and so less likely to drive dangerously. Although the cannabis affected reaction time in regular users, its effects appear to be substantially less dangerous than fatigue or drinking."
The study's author Rob Tunbridge said:
"If you were to ask me to rank them in order of priority, fatigue is the worst killer, followed by alcohol, and drugs follow way behind in third."
The TRL study was repeated a year later and reported in New Scientist: Alcohol impairs driving more than marijuana, which confirmed that marijuana users, though mildly impaired in certain skills, adjusted by driving more carefully and alertly. The study also indicated that alcohol users gained some of that caution if they smoked marijuana.
According to the Canadian Senate's exhaustive 2002 report: "Cannabis: Our Position for a Canadian Public Policy," "Cannabis alone, particularly in low doses, has little effect on the skills involved in automobile driving."
But Walters doesn't care about the facts. He is pursuing his own agenda.
"The Office of National Drug Control Policy is trying to change the topic with the new teen driving safety campaign," said Steve Fox, director of government relations for the Marijuana Policy Project. "By no means do we support anyone, particularly teens, driving under the influence of marijuana or other drugs, but ONDCP's continued focus on marijuana above all other drugs has made the problem worse. By concentrating on anti-marijuana scare tactics that are proven not to work and may even increase teen marijuana use, ONDCP is ignoring the increasing use of truly dangerous drugs like cocaine and heroin."
So when you see Walters spouting this in your local paper, you know what to do. Write a letter to the editor and give them the truth. Go to MAP for help in doing it.
A little clarification is in order regarding marijuana laws and the courts in Canada. A British Columbian judge has now ruled that current marijuana possession laws are invalid, joining judges in Ontario, Prince Edward Island, and Nova Scotia, while judges in Alberta and Saskatchewan have ruled the other way. Once the Supreme Court rules, this may all be straightened out.
In the meantime, this map may help you with your travel plans.
I've decided to add a little quiz (probably about once a week). First one: translate these latin phrases that relate to the drug war. First one to leave correct translations in the comments wins... the satisfaction of being the first one. I'll try to come up with better prizes later.
Despite the moralizing and iron fist of the U.S. drug war cheerleaders (led by Drug Czar John Walters), marijuana is emerging as a chink in the warriors' armor in a variety of places.
Canada: Senate recommends complete legalization. Administration and legislature dithers. Courts step in. Marijuana is legal (temporarily, kind of, some places). Sky doesn't fall. Confused?Still confused?Even more confused?
Seattle, Washington: Citizens prepare to vote on Initiative 75, which would make marijuana arrests the lowest priority. Drug Czar has a fit (using tax funds).
England: Along with reclassifying marijuana, police are given new guidelines on marijuana to take effect in January, involving a "presumption against arrest." Check out the Media Awareness Project focus alert.
In a Zogby poll conducted last month in New Hampshire, 84 percent of voters said they supported changing federal law to allow patients to use medicinal marijuana without fear of arrest.
Interesting times. I can't wait to see what's next.
First, thanks for the nice recent mentions and links from 
Once again, I'm proud to have Durbin as my Senator (see 
Now, I don't recommend driving with any kind of impairment, whether it's drugs, alcohol, fatigue, or using a cell phone. But Walters is distorting the facts once again.
According to the National Highway Traffic Safety Administration study titled "Marijuana and Actual Driving Performance" (published November, 1993): "THC's adverse effects on driving performance appear relatively small." and "Evidence from the present and previous studies strongly suggests that alcohol encourages risky driving whereas THC encourages greater caution." 
But Walters doesn't care about the facts. He is pursuing his own agenda.
Despite the moralizing and iron fist of the U.S. drug war cheerleaders (led by 
Canada: Senate recommends complete legalization. Administration and legislature dithers. Courts step in. Marijuana is legal (temporarily, kind of, some places). Sky doesn't fall. 
