Pubdate: Fri, 29 Aug 2003
Source: DrugSense Weekly
Section: Feature Article
Website: http://www.drugsense.org/current.htm
Related: http://www.mapinc.org/drugnews/v03/n1299/a04.html 
http://www.mapinc.org/drugnews/v03/n1302/a09.html 
http://www.mapinc.org/drugnews/v03/n1306/a10.html

HELP UNSHACKLE MEDICAL MARIJUANA NOW

One of the drug warriors' favorite arguments against state medical 
marijuana laws and initiatives is that the medical use of marijuana has not 
been approved by the FDA and that more scientific research must be 
conducted.  What they don't say is that marijuana is treated differently 
than all other drugs.

The federal government, through the National Institute on Drug Abuse 
(NIDA), retains a monopoly on the supply of cannabis that can be used in 
FDA-approved research and has twice refused to supply it to 
privately-funded FDA-approved studies.  Over two years ago the Medicinal 
Plant Program at The University of Massachusetts/Amherst applied for a 
license to produce cannabis for research purposes only to be confronted by 
a series of dilatory tactics by the DEA.

The DEA has indicated that it probably won't approve the application so we 
have to act now to stop the cycle keeping medical marijuana from sick and 
dying patients.

Fax Dr. Andrea Barthwell, Deputy Director for Demand Reduction, Office of 
National Drug Control Policy, urging her to recommend that the DEA approve 
the UMass license: 
http://actioncenter.drugpolicy.org/action/index.asp?step=2&item=11290

Or send an email or letter to Dr. Barthwell through: 
http://capwiz.com/norml2/issues/alert/?alertid=3171511&type=CU

But we suggest that you modify and personalize your message when using 
either of the above links so that Dr. Barthwell knows that you personally 
care about the issue.

As a doctor and senior member of the Office of National Drug Control 
Policy, Barthwell holds authority over this issue.  Through news articles 
she has become a vocal part of the Drug Czar's campaign against medical 
marijuana. Her most recent OPED explicitly says that "If a substance has 
the proven capacity to serve a medical purpose, then it will be accepted." 
Yet, Dr Barthwell, along with the Drug Czar, continues to support the 
governmental stranglehold on marijuana production hindering such 
research.  See Dr Barthwell's OPED, which was printed in a number of 
newspapers, here: http://www.mapinc.org/author/Barthwell

NIDA produces only low-potency material with stems included meaning that 
patients have to inhale more smoke to get any of the beneficial effects, 
decreasing the chance FDA will approve it. The UMass team wants to produce 
a small quantity of high-potency marijuana. As long as NIDA retains its 
monopoly on the supply of marijuana that can be used in research, no 
rational sponsor will invest money in the research required to get 
marijuana approved as a medicine. Your help is needed to break the 
government's monopoly on the supply of marijuana in order to unshackle 
medical marijuana research.

More About This Issue:

The non-medical use of marijuana was criminalized (taxed out of legal 
existence) in the U.S.  in 1937 but medical use was still permitted until 
1941, when marijuana was officially taken out of the United States 
Pharmacopeia and National Formulary. Since that time, all legal production 
of marijuana for medical research has been funded (monopolized) by the 
federal government.

The federal government does not retain a monopoly on the production of any 
other Schedule I drug, with multiple private producers having DEA licenses 
to manufacture MDMA, psilocybin, etc., for sale for use in 
federally-approved research.  In fact, the laws regulating the licensing of 
producers of Schedule I drugs specifically require adequate competition, 
the opposite of a monopoly. Title 21 of the Code of Federal Regulations, 
Section 1301.33(b), states: "In order to provide adequate competition, the 
Administrator shall not be required to limit the number of manufacturers in 
any basic class to a number less that consistent with maintenance of 
effective controls against diversion solely because a smaller number is 
capable of producing an adequate and uninterrupted supply."

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, with the 
highest potency available (in small quantities) being 7% THC.  A medical 
marijuana potency study conducted by MAPS and CaNORML showed that the most 
popular varieties of marijuana offered to patients at Buyers' Clubs around 
the country were in the range of 12-15% THC, substantially reducing the 
amount of smoke or vapors (if vaporizers are used) that patients need to 
inhale to obtain the desired dose of cannabinoids. The low potency of 
NIDA's material has been criticized by patients and researchers as being 
one reason why NIDA's material is undesirable for a serious drug 
development research program.

Furthermore, NIDA has twice refused to provide marijuana to FDA-approved 
medical marijuana research protocols, claiming it didn't like the design of 
the studies. As long as NIDA retains its monopoly on the supply of 
marijuana that can be used in research, private sponsors of medical 
marijuana research:

1) cannot select the exact strain of marijuana with the exact mix of 
cannabinoid content that the sponsors consider most likely to be safe and 
efficacious,

2) cannot manufacture the drug they wish to research and thus are not in 
control of either availability and cost, and

3) cannot guarantee to supply the exact drug that was researched for 
possible prescription use since NIDA is legally authorized to grow 
marijuana for research but cannot supply it on a prescription basis.

No rational sponsor will invest millions of dollars in medical marijuana 
research while it remains dependent for its supply of research material on 
NIDA, whose institutional mission is diametrically opposed to exploring the 
beneficial uses of marijuana and which cannot in any case legally provide 
marijuana for prescription use.

Prof.  Craker originally submitted his application to DEA on June 25, 2001, 
with his facility to be funded by the Multidisciplinary Association for 
Psychedelic Studies, a non-profit research and educational organization 
working to develop marijuana into an FDA-approved prescription 
medicine.  For the first year, DEA claimed to have "lost" the application 
and refused to accept the resubmission of a photocopy because it didn't 
have an original signature.

Then, DEA returned the original application to Prof. Craker with a DEA date 
stamp showing it had been received when it was sent and was never lost! 
Prof.  Craker resubmitted the original application and, for the second 
year, DEA unsuccessfully tried to encourage Prof. Craker and the UMass 
Amherst administrators to withdraw the application.  DEA also claimed that 
it was prohibited from licensing the privately-funded UMass Amherst 
facility due to U.S. international treaty obligations.  This claim was 
refuted in a legal analysis submitted to DEA that was prepared pro bono by 
DC law firm Covington & Burling and the ACLU Drug Policy Litigation 
Project. DEA's claim is also refuted by the example of the April 1998, 
British Home Office licensing of privately-funded GW Pharmaceuticals to 
produce marijuana for medical purposes, without a peep of protest from the 
International Narcotic Control Board which monitors compliance with 
international drug control treaties. (In 2002, GW Pharmaceuticals produced 
5-6 tons of dried material, substantially more than the 25 pounds 
Prof.  Craker is seeking to produce.)

Finally, on June 25, 2003, DEA posted an announcement of Prof. Craker's 
application in the Federal Register, even though it should have posted it 
shortly after the license was submitted. Public comments, limited to people 
who have applied for or possess a similar license, must be submitted by 
Sept. 22,2003, with a decision from DEA expected shortly thereafter.

If DEA rejects the application, which is what it has indicated will 
probably take place, a lawsuit will be initiated and yet another DEA 
Administrative Law Judge hearing will result about the medical use of 
marijuana.  Alternatively, if enough political pressure can be brought to 
bear on DEA and ONDCP, DEA will approve the license. Then, as Ex-DEA 
Administrator Asa Hutchinson stated on November 28, 2001 "the question of 
whether marijuana has any legitimate medical purpose should [will] be 
determined by sound science and medicine."

A history of the efforts of MAPS and Dr. Craker to obtain a DEA license for 
the UMass Amherst production facility, with extensive supporting documents, 
can be found at: http://www.maps.org/mmj/mmjfacility.html
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MAP posted-by: Richard Lake