Pubdate: Tue, 27 Mar 2001
Source: Miami Herald (FL)
Copyright: 2001 The Miami Herald
Contact:  One Herald Plaza, Miami FL 33132-1693
Fax: (305) 376-8950
Website: http://www.herald.com/
Forum: http://krwebx.infi.net/webxmulti/cgi-bin/WebX?mherald
Author: Shari Rudavsky

BROWARD MAN PLAYS ROLE IN MEDICINAL POT BATTLE

Irvin H. Rosenfeld is about to become Exhibit A in the battle to persuade
the federal government not to interfere with state laws that allow the
distribution of marijuana for medical purposes.

On Wednesday the Broward resident, one of eight people in the country who
legally smoke medicinal marijuana, will sit front and center when the U.S.
Supreme Court hears its first case on the subject.

The case delves into whether medical necessity can trump federal anti-drug
laws. Despite a state law that allows people who have a doctor's
recommendation to possess and use cannabis, the federal government has sued
five California groups created to distribute marijuana to the seriously ill.

Rosenfeld, a 48-year-old Boca Raton stockbroker who has smoked marijuana for
30 years -- and asked that his hometown not be published for fear that
someone might steal his stash -- filed a friend of the court brief attesting
to marijuana's medicinal powers. The constant pain caused by more than 200
non-malignant tumors all over his bones is quelled only by cannabis, he
argues.

It's a message advocates of medicinal marijuana want the Supreme Court to
hear.

``The federal government claims that cannabis cannot ever be used as
medicine. We vigorously dispute that,'' said Robert Raich, attorney for the
Oakland Cannabis Buyers' Cooperative. ``Irv can first off indicate that is
not true. He's a patient for whom cannabis is really a very effective
medicine.''

Doctors remain divided on exactly what ills marijuana can help.

In August, the University of California at San Diego opened a Center for
Cannabis Medical Research, the first university-sponsored institute devoted
to such research.

Researchers will study whether marijuana can ease symptoms for which no
effective prescription drug exists. Pain associated with diabetes or AIDS,
nausea and vomiting from chemotherapy and the spasms associated with
multiple sclerosis all qualify. Glaucoma, treatable by medications already
on the market, does not.

``We're trying to start with those medical indications where there's really
no relief obtained from regular medicines,'' said Andrew Mattison, a
psychologist and co-director of the center.

Rosenfeld's case certainly fits that bill. Diagnosed at the age of 10 with a
rare congenital disease that causes tumors to grow on the ends of his bones,
he scorned recreational drugs in high school. He used to speak at middle
schools, hold up the litany of prescription painkillers he relied on to get
by, and tell the kids, ``You're healthy. Don't do illegal drugs.''

Then he moved to Miami to attend college. It was 1971 and friendships were
forged over joints.

Peer pressure won out. Rosenfeld started to join in. The 10th time, he
noticed, he could sit still for about 30 minutes, instead of hopping up
every 10 minutes to alleviate the pain as had been his custom.

In 1982, he won permission from the government, becoming the second person
approved for the medical marijuana program. Nine years ago that program
ended, but Rosenfeld and 12 others were grandfathered in. Five of those who
had AIDS have since died.

For the past 10 years, Rosenfeld has relied solely on marijuana to ease the
pain that threatens to consume him.

``That's all this is, a weed. But for me it's a lifesaver,'' said Rosenfeld,
who smokes on average 12 joints a day. ``I'm alive because of this
substance. It's that simple.''

When he gets up, he lights up. He smokes on his way to work, takes breaks
midmorning and after lunch. All his clients know the routine, and it doesn't
bother them.

Monday, hours before Rosenfeld left for Washington, D.C., he stood outside
his Boca firm and smoked two joints in rapid succession. He says the drug
has never given him a high.

Rosenfeld receives his supplies -- about 11 ounces every 25 days -- for
free.

The government grows the marijuana on a 5.5-acre farm at the University of
Mississippi.

One day, Rosenfeld hopes that others nationwide will enjoy the same benefits
he has. The Oakland Cooperative has about 4,500 members eligible to receive
marijuana for medical use under state law. Fourteen qualify under the more
stringent medical necessity guideline.

``It's a wonderful medicine and like any other medicine it should be in the
hands of doctors,'' Rosenfeld said.

``I hope that one day medical cannabis is just like Valium or codeine,'' he
said.
- ---
MAP posted-by: Andrew