Pubdate: Sat, 15 Dec 2012 Source: Daily Journal, The (IL) Copyright: 2012 The Daily Journal Publishing Co., L.L.C. Contact: http://www.daily-journal.com/ Details: http://www.mapinc.org/media/2805 Authors: Joe Yurgine and Ken Johnston Note: Joe Yurgine is a practicing attorney in Kankakee County, a former FBI agent, a business law instructor at KCC, an assistant public defender,a village attorney for Bourbonnais, and a hearing officer for the Illinois Pollution Control Board. Dr. Ken Johnston has been an ENT surgeon in Kankakee since 1976. He has been on several community boards and has been involved with clubs and organizations. He has lived in Bourbonnais since 1981. THE FAILURE OF THE WAR ON DRUGS Yurgine: The war on illegal drugs started with the Nixon administration and has been going on ever since. The mission of the war was to reduce the consumption of illegal drugs by apprehending and punishing those persons who sell and possess drugs. The war has been a complete failure. The demand for marijuana will always be there. The only thing that varies is its price. Do you think with the recent election that we will be able to end the war, at least as regards marijuana? Johnston: Our recent election has shown than there are changes in the way several issues are regarded by the electorate, including support for government control of health care and liberalized views of same sex marriage. There seems to be growing grass roots support for legalized marijuana. If marijuana is on the path to legalization, it follows the precedent of alcohol. Prohibition of manufacture, distribution and consumption of alcohol beverages in the United States was adopted in 1920 as a "The Noble Experiment." The country's thirst was unabated. The business of illegal alcohol resulted in more than a decade most notable for political corruption and criminal activity. The experiment failed. Public support evaporated. Prohibition was repealed in 1933. Yurgine: Voters in Colorado and Washington now have legalized marijuana in small amounts for personal use. A good argument for legalization in Illinois is that prohibition does more harm than good. It wastes a ton of tax dollars on law enforcement fighting a losing battle, not to mention the cost of keeping pot users in jail. What about health issues? Unlike alcohol, medical studies have not linked marijuana to cancer, addiction or high health care costs, correct? Johnston: Marijuana has a low toxicity. Weeding out the use of mixed drugs, any deaths purely from a marijuana overdose are extremely rare. Toxicity often is measured by LD50, the (lethal) dose divided by weight that would causing death in 50 percent of lab rodents. It seems that it is nearly impossible to kill a rat with the marijuana active ingredient, THC, no matter how high the dose. It probably can be assumed that the long-term smoking of a comparable number of marijuana cigarettes would have similar consequences to tobacco. But persons addicted to tobacco typically consume 1-2 packs per day, 20-40 cigarettes, while the marijuana user is more inclined to socially share a spliff with a friend in an evening, often with some leftovers. Since the adverse health consequences of tobacco are proportional to the pack-years of consumption, there is no hard information marijuana is a carcinogen for a typical user or a cause of cardiovascular or liver disease. Daily use of marijuana is linked to lethargy, underperformance and priapism. Yurgine: OK. Medical marijuana seems to be growing in favor with many politicians. At least 12 states now permit it. Assume you were still practicing medicine and Illinois allowed it, which, by the way, has a good chance of happening. If I came in to your office, complaining of pain on a 10 level, asking you to prescribe me some joints, would you feel comfortable prescribing them? Assume that you are convinced that I am neither faking nor exaggerating my problems. Johnston: Medical marijuana seems to me to be a suspect and smoky proposition. Many of the "patients" are most likely using the substance to get high. In California, most physicians steer clear of the marijuana prescription business, having been trained to be wary of the new patient seeking specific scheduled drugs, but there are "specialists" who will listen to a patient's complaint for $150 or so and issue a script. Qualifying chronic symptoms include migraine, nausea, pain, achy joints, spasticity and weight loss. Advice to would-be patients on what to say can be found on the NORML website. Do growers of medical marijuana in California qualify for fed pharm subsidies? In the long term, medical marijuana laws are just the nose of the camel. It seems cut and dried that outright legalization is the real goal of the increasingly powerful marijuana lobby. Yurgine: On the Federal level, the head of Obama's Office of National Drug Control Policy has said that "legalization is not in the president's vocabulary, nor is it in mine." This means that they look at it as a bad trip and probably do not wish to become the party of pot. I think legalization is going nowhere nationally. The Obama administration, however, does appear to tolerate medical marijuana users in states where it is legal. Illinois could start with that. Outright legalization, if it comes at all, would have to arise state by state. I'm not a political strategist, but it would appear to me that the argument should be couched in economic terms. Downplay social ills. The voter's number number one concern now is the economy. At the moment, the cost of the drug war is more painful than its licensing and we are running out of money. There is a Harvard economist, Jeffrey Miron, who states that governments (Federal, State and local) spend about $44.1 billion annually enforcing drug prohibitions. The benefits of legalization would be control, regulation and revenue, similar to that which we get from liquor. Somebody needs to convince Gov. Quinn that by controlling it and taxing it, we will not only save a lot of money in enforcement, but bring in perhaps $500 million a year. Finally, in your view would marijuana use increase if it were legalized? Johnston: Close to 40 percent of the adult population in the United States has tried marijuana, but regular users account for only around 5 percent of the population. Marijuana is not for everyone. The issue is not so much expanding the use of the drug as it is ending the costly and eternal war on marijuana.Given that the US political mean is moving leftward, decriminalization appears to be inevitable, although there are potholes (pun intended) on the road to legalization. The early experience in Colorado indicates that the most resistance to change is going to come from law enforcement officers and prosecutors who have spent their whole careers busting and penalizing marijuana users, growers, importers and dealers. A bill to legalize medical marijuana is afoot in the Illinois legislature. Given that enforcing, prosecuting and incarcerating folks involved with marijuana is a cost center for government, and it could be turned into a revenue center by legalizing, regulating and taxing production and distribution, you would think that in our cash strapped state, Gov. Quinn and Mike Madigan's Legislature will make a joint decision (pun again) to reform the current laws. But just as Illinois is the only state not to have enacted concealed carry law for firearms, I would anticipate Illinois not being an early adopter. I will be mildly surprised if it passes soon. Imagine Quinn making his speech about the legal herb, then shaking hands with Willie Nelson. Picture Obama orating from the teleprompter about the new direction in managing marijuana and then embracing Snoop Dogg. - --- MAP posted-by: Jay Bergstrom