Pubdate: Wed, 04 Feb 2004 Source: Anderson Valley Advertiser (CA) Column: Cannabinotes Copyright: 2004 Anderson Valley Advertiser Contact: http://www.mapinc.org/media/2667 Author: Fred Gardner MBC CANNABIS GUIDELINES ROUTED TO LIMBO Contains Bureaucratic Language. Linda Lucks was appointed in 2001 by Gray Davis to one of the member-of-the-public seats on the Medical Board of California. A year ago Lucks agreed to serve on an MBC task force that, with input from representatives of the California Medical Association, would draft "practice guidelines" for doctors who approve cannabis use by their patients. In mid-January of this year Lucks was asked by a reporter about the status of the guidelines. She replied that a draft had just been agreed upon and would be presented to the Board's Division of Medical Quality at its January 30 meeting. In a terse, businesslike way, without revealing any specifics, Lucks said that a lot of thought and discussion had gone into the wording, that the task force had achieved a consensus, that she, personally, considered the proposed guidelines "quite fair," and that she thought both the MD members of the Board and the pro-cannabis doctors would accept them without major changes. So imagine Linda Lucks's surprise when the Jan. 30 DMQ meeting began with Enforcement Chief Joan Jerzak asserting that the task force's "dialog has raised several issues that need to be resolved before we can finalize the final draft. We are also aware that a medical marijuana task force is in place in another section of the Attorney General's office. We believe it is critical that any draft that we develop at MBC be shared with the AG's office, and we want to be able to have a monitoring of that other task force." At the next Board meeting, Jerzak said, she hoped "to be able to provide some kind of a final product for us to present to the committee as a draft format." Lucks said, "I'm very disappointed that we don't have that document today for this committee to review. I wasn't really aware that it was going to be circulated to the AG's office. I really was expecting to have it on the agenda today, so I apologize to Board members and to the public who were expecting to have something to look at... We've been working on this, and working on this, and we came up with a draft document that I think is fair to all the parties... It's just disappointing that we can't at least look at it before it goes to the AG's office." Jerzak then said, "We are monitoring what is happening in the other AG section. But our own HQE deputy was not involved with some of the early discussions -and we wanted to be able to include a representative from Health Quality Enforcement." In other words, the task force needs input from not one but two other sources. Lucks: "Nobody told me, and I was on the task force. That's what I'm upset about... In good faith, it was supposed to be on the agenda. And it's not. And there are people here from the public who are prepared to discuss it and I was prepared to proudly present a document for review and comments and suggestions and criticism... Sandra Bresler and Alice Mead [CMA representatives] and Ana Facio and Mary Agnes Matyszewski [Deputy AGs] all agreed on a document, and I was very proud of it...." "I'm sure that we can get a document circulated before the May meeting," said Jerzak. "It's not ready at this point." Lucks, apparently not realizing that Jerzak had raised a second hurdle, said, "Well, our document is ready -the document that Alice Mead worked on is ready. It just hasn't been vetted, I guess, by the AG's office -or the task force from the AG's office -isn't that what you're saying?" Jerzak said no, she was "not sure it's in a final stage," citing "some concerns that were raised" about the absence of input from the Health Quality Enforcement unit Lucks said, "No one's gotten back to me with any concerns that were raised. I thought it was a done deal." At this point committee chairman Ron Wender, MD, cut off the discussion. Although Board Member Lucks sat on a dais looking down at staffer Jerzak, the real power relationship is just the opposite. Lucks's appointment ends after the Spring meeting, while Jerzak will continue to oversee the Board's investigation of physicians, making the key day-in, day-out decisions. If Arnold Schwarzenegger meant it when he said he was "for" medical marijuana, he can prove it by reappointing Linda Lucks to the Medical Board. Frank Lucido, MD, used the public comment session to refute the interpretation of the Conant v. McCaffrey ruling that had been provided to the Board by Deputy AG Matyszewski at the previous meeting (see C-Notes 11/12/03). In case you've just joined us, in 1997 federal judge Fern Smith issued a temporary injunction on Dr. Conant's behalf to prevent federal officials from threatening or punishing California doctors who discuss marijuana as a treatment option with their patients. In 2000 federal judge William Alsup made the injunction permanent. The Bush Administration challenged the injunction. The 9th Circuit U.S. Court of Appeals upheld it. In October '03 the U.S. Supreme Court declined to review the 9th Circuit decision -a highly significant step that made headlines. At the Nov. 7 Medical Board meeting, Matyszewski advised Board members that, despite any headlines they may have seen, the Conant ruling was insignificant because California doctors would still be aiding and abetting in the commission of a federal crime if they issued recommendations for cannabis. Lucido distributed to the Board an information packet including a letter from Ann Brick, an ACLU attorney involved in the Conant case, confirming that the 9th Circuit "specifically held that [s] doctor's anticipation of patient conduct, however, does not translate into aiding and abetting, or conspiracy." As Lucido was addressing the Board, three lawyers seated behind him -Deputy AG Beth Faber Jacobs, Med Board Counsel Nancy Vedera, and Enforcement Monitor Julie D'Angelo Fellmeth-shook their heads and smiled condescendingly. Board member Steve Alexander (who, like Lucks, is a non-MD Gray Davis appointee) took notice and advised the staffers not to "smirk" when members of the public were testifying. His term is about to run out, too. Alexander said that although he was "a product of the '60s," he had never smoked marijuana. He became aware of its medical properties when his father was dying of cancer. Alexander protested the mysterious disappearance of cannabis from the agenda, which brought Ron Joseph, the Board's Executive Director, scurrying up to the microphone to earnestly "accept responsibility." Which made me wonder if Ron had been part of the est cult back in the '70s... It was one of Werner Erhard's brilliant insights that "taking personal responsibility" could negate the original screw-up while scoring you points for honesty. Nowadays it's just part of the culture. The Sanest Ad The Drug Czar's anti-marijuana ad was arguably the sanest ad aired during the superbowl. If a 13-year old is smoking marijuana unbeknownst to her parents, of course they should talk. Almost all the other ads were delusional and/or cruel, aimed at a population that has been dumbed down to the level of five-or six-year olds. A dog responds to the command "Bud Lite" and bites the crotch of a man who's holding one, A man has a chimp on his back because he doesn't drive the right car. A lizard-like alien recommends Fed Ex. A bear dresses up like a man in order to buy Pepsi. "Evil" monsters grow sharp blades out of their limbs. Cedric the Entertainer is subjected to bikini wax treatment. Armies mass and charge at each other in a movie called "Troy." Tall hoopsters enter a Chevy and turn into midgets. A ref gets yelled at by his freaked-out wife. A bagpiper stands over a grate blowing steam up his kilt. Mike Ditka plugs Levitra by throwing a symbolic football through a tire hanging from a tree. (Will sales peter out when Mike has his next heart attack?) Indescribable Gothic weirdness to plug a CBS show called Crime Scene Investigation. (There must have been a dozen CBS house ads, indicating that their sales fell short; yet they wouldn't show a MoveOn ad decrying the federal budget deficit). Soldiers mass and charge in a movie called "The Alamo." Furniture gets thrown from the back of a truck into the path of an approaching car. A woman is taken out for a romantic candlelight sleigh ride and the horse farts, blowing flame into her face, searing her hair. A quarterback sensuously strokes the toilet paper draped over the butt of the center crouched in front of him. Girls in bathing suits play volleyball in the Arctic ice. A writer is haunted by supernatural forces (upcoming movie). Kids say "Holy sh-" when they see the new Chevy. An old man trips an old woman to get Lay's potato chips... And it's not even halftime yet! Our hopes were raised by an H&R Block ad featuring a "Willie Nelson Advice Doll." But it didn't make much sense-the doll advises ol' Don Zimmer to get into another brawl.... NORML has produced a public-service radio spot in which, after a few bars of "On the Road Again," Willie advises the government to stop arresting responsible marijuana smokers. Maybe next year the Drug Czar could hire the Willie Nelson Advice Doll to talk to the teenage girl. - --- MAP posted-by: Jay Bergstrom