Pubdate: Mon, 14 May 2001
Source: MSNBC (US Web)
Copyright: 2001 MSNBC
Contact:  http://msnbc.com/news/
Details: http://www.mapinc.org/media/938
Author: Charlene Laino
Bookmark: http://www.mapinc.org/ocbc.htm (Oakland Cannabis Court Case)

MEDICAL MARIJUANA RULING DECRIED

"This is not going to be over until we win," vowed Dennis Peron, author of 
the California proposition that in 1996 legalized the use of marijuana as 
medicine in the state. Peron and other proponents decried Monday's 
unanimous U.S. Supreme Court ruling that cannabis may not be given to 
patients, even with a doctor's prescription.

While the ruling is largely being construed as saying that federal laws 
override the California statute allowing the medicinal use of pot, Peron 
rejects that interpretation.

"Yes this is a big setback for the sale of marijuana," said Peron, director 
of Californians for Compassionate Use of Marijuana.

"But as I see it, we can still cultivate marijuana for medicinal use, 
possess it and use it -- just not sell it," he said.

Peron, also founder of the Cannabis Farm in Lake County, three hours north 
of here, is so convinced that his interpretation of the ruling is correct 
that he plans to continue growing the plant and providing it for free to 
some 300 patients who have shown medical necessity.

Separating Science From Politics:

Medical necessity is the key here, said San Francisco AIDS specialist Dr. 
Donald Abrams, who has been unraveling marijuana's mysteries since 1997, 
when he was granted approval for the first federally sponsored study of its 
effects in HIV-infected patients.

"I try to separate science and politics," Abrams said. "But then you get a 
situation like this, where the Supreme Court decides they are medical 
authorities."

High Court Rejects Medical Marijuana:

Pointing out that the government's own Institute of Medicine has issued an 
expert report concluding that marijuana may have medical benefits and is 
worthy of further study, Abrams said that the judiciary might not be the 
best people to be determining what is best for the patient.

"That being the case, we need to do what we can to make it available to 
patients," he said.

Proponents of medical pot say it helps AIDS patients keep eating; relieves 
nausea and vomiting in patients undergoing chemotherapy; alleviates the 
chronic pain of conditions including headaches, arthritis and degenerative 
nerve disease; and lowers the increased intraocular pressure associated 
with glaucoma.

Several Trials Underway:

Abrams and others already have several trials underway, including one to 
determine if marijuana helps to increase appetite in HIV-positive patients 
- -- giving them the "munchies," as it were -- thereby warding off the 
debilitating weight loss associated with the AIDS wasting syndrome.

So far, only the pilot trial, designed to show safety, has been completed 
and is under review for publication, Abrams said.

The study, which set out to determine whether marijuana is safe when taken 
in combination with the protease inhibitors that have become a standard 
part of the drug cocktails given to many HIV-positive patients, "showed no 
apparent detrimental effects," he said.

And compared with patients given placebo, "we saw weight gain in the 
marijuana group," he said.

Thanks to funds being made available by the state of California, studies of 
marijuana's effects in inducing weight gain and relieving nerve pain in 
AIDS patients will continue as will a trial looking at whether it reduces 
spasticity in those with multiple sclerosis, Abrams said.

While Abrams prefers medicine be handled by doctors, both he and Peron said 
that more legislation is needed. Peron points out that Rep. Barney Frank of 
Massachusetts has introduced a bill in Congress that that would reclassify 
marijuana as a schedule II drug, which means that like cocaine, it could be 
prescribed by doctors, albeit with tight restrictions.

"You can't have one law in 41 states and another in the other nine," said 
Peron, referring to the fact that since 1996, eight other states -- Alaska, 
Arizona, Colorado, Hawaii, Maine, Nevada, Oregon and Washington -- have 
adopted similar laws to California's.

"We will change the scheduling," he asserted with conviction.

Abrams said he also sees the need for some such legislation. "Every state 
bordering on the Pacific now has a law legalizing marijuana as medicine," 
he said. "And one-fourth of the U.S. population live in these states."

The Bush administration has said it believes in state rights, Abrams said. 
"Now, let's see if they put their money where their mouth is."

Note: High court's decision not in patients' best interest, some say. 
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MAP posted-by: Thunder