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A PATIENT's HISTORY of MEDICAL CANNABIS

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A PATIENT's HISTORY of MEDICAL CANNABIS The Medical Cannabis Advocate’s Handbook A PATIENT’S HISTORY of MEDICAL CANNABIS Marijuana, in its natural form, is one of the safest therapeuti- cally active substances known... The evidence in this record clearly shows that marijuana has been accepted as capable of relieving the distress of great numbers of very ill people... It would be unreasonable, arbitrary and capricious for DEA to continue to stand between those sufferers and the benefits of this substance. —Francis L. Young, DEA Chief Administrative Law Judge Cannabis as Medicine: What the Science Says If Cannabis were unknown, and bio-prospectors were suddenly to find it in some remote mountain crevice, its discovery would no doubt be hailed as a medical breakthrough. Scientists would praise its potential for treating everything from pain to cancer, and mar- vel at its rich pharmacopoeia—many of whose chemicals mimic vital molecules in the human body. —The Economist It can be difficult to locate information about prohibited—even for medical purposes. the safety and therapeutic value of cannabis. The unfortunate result of the federal prohibi- LAGUARDIA REPORT (1944) tion of cannabis is limited clinical research to The Marijuana Tax Act did not end the debate investigate the safety and about whether cannabis, if appropriately con- efficacy of cannabis to con- trolled, could have therapeutic value. In 1939, trol symptoms of serious New York Mayor Fiorello LaGuardia appointed and chronic illness. Many a blue-ribbon panel of renowned physicians, scientists have noted psychiatrists, clinical psychologists, pharmacol- research is "hindered by a ogists, chemists and other scientific and med- complicated federal approval process, limited ical researchers to conduct a review of the availability of research grade marijuana, and assertions that smoking marijuana resulted in the debate over legalization."1 criminal behavior, and a deterioration of phys- However, the documented use of cannabis as ical and mental health. a safe and effective therapeutic botanical Two years before the final report was issued, a dates to 2700 B.C. Between 1840 and 1900, review of the findings was published in the European and American journals of medicine American Journal of Psychiatry which conclud- published more than 100 arti- ed that "prolonged use of [cannabis] does not cles on the therapeutic use of lead to physical, mental or moral degenera- cannabis. In fact, cannabis was tion, nor have we observed any permanent part of the American pharma- deleterious effects from its continued use. copoeia until 1942, and is cur- Quite the contrary, [cannabis] and its deriva- rently available by prescription in Canada and tives and allied synthetics have potentially the Netherlands. valuable therapeutic applications which merit The political interference in the regulation of further investigation." Prepared by the New cannabis as a medicine and subsequently the York Academy of Medicine and issued in 1944, control of medical cannabis research originates the LaGuardia Report echoed these conclu- with the passage of the Marijuana Tax Act in sions, adding that cannabis was not addictive, 1937. Over the objections of the American did not provide a gateway to other drugs of Medical Association,2 the United States enacted abuse, and was not associated with increased the first federal law designed to restrict access criminal behavior or juvenile delinquency. to cannabis, even for medical purposes. Despite decades of repeated reviews by local, THE NATIONAL COMMISSION ON federal and international commissions and MARIHUANA AND DRUG ABUSE (1972) emerging clinical science which confirm the rel- ative safety and efficacy of cannabis as a medi- The Comprehensive Drug Abuse Prevention cine, the use of cannabis is absolutely and Control Act of 1970 included a provision For more information, see www.AmericansForSafeAccess.org or contact the ASA office at 1-888-929-4367 or 510-251-1856. 27 to study the abuse of cannabis in the United States. President Richard Nixon appointed Pennsylvania Governor Raymond Shafer to chair the National Commission on Marihuana and Drug Abuse. On March 22, 1972, the commission presented its report, Marijuana, A Signal of Misunderstanding, to Congress. The Shafer report, like the LaGuardia report before it, concluded that the risks of using cannabis were minimal and that general use ROBERT RANDALL did not jeopardize health, lead to experimen- Known as the "Father of the Modern Medical tation with other drugs, or cause criminal Cannabis Movement," Robert Randall was the patient activity and specifically recommended the who made legal history when he persuaded a federal decriminalization of marijuana for personal court that his use of cannabis was a matter of medical use. The recommendations provided in the necessity. Commission's report conflicted with many of the provisions provided in the Comprehensive In 1972, at the age of 24, Randall had already lost sight Drug Abuse Prevention and Control Act and in his right eye, when he was diagnosed with a serious the Controlled Substances Act. President form of glaucoma and told that he had at most three to Nixon needed to reject the recommendations five years until he would go blind. His ophthalmolo- and formally declare a "war on drugs". gist tried a variety of medications, but nothing was effective. Surgery was ruled out. INVESTIGATIONAL NEW DRUG Randall soon had to quit his job and ended up on wel- COMPASSIONATE ACCESS (1978) fare. Then he discovered that cannabis helped his In 1975, shortly after discov- vision considerably. He returned to work and began to ering that smoking cannabis grow his own medicine. In 1975 he was arrested, and could relieve symptoms of his in 1976 he stood trial and established a defense of glaucoma, Washington, DC necessity. resident Robert Randall was The charges were dismissed. His attorneys had also arrested for cultivating cannabis in his home. petitioned the Food and Drug Administration to have Citing clinical evidence, Mr. Randall successful- him included in a research program that would give ly used the Common Law Doctrine of him 10 joints a day. As a result, he became the first Necessity to fight the charges. In November person to receive a legal, regular supply of 300 med- 1976, Judge James Washington opined, ical cannabis cigarettes per month provided by the fed- "[w]hile blindness was shown by competent eral government. medical testimony to be the otherwise inevitable result of the defendant's disease, This led to the creation of the Compassionate no adverse effects from the smoking of mari- Investigational New Drug Program (IND Program), juana have been demonstrated. Medical evi- which gave him sustained access to this non-approved dence suggests that the medical prohibition is drug. The Federal IND program was eventually not well-founded." opened to others with medical necessity , but it remained limited to little more than a dozen patients. Mr. Randall petitioned the federal govern- ment to provide him with access to medical Randall spent the rest of his life as an activist, organiz- cannabis in accordance with his medical ing other patients and writing books about medical necessity and shortly thereafter became the cannabis. He kept his vision for the remaining 36 years first American to receive a government-sup- of his life. plied source of cannabis. When Mr. Randall For more information, see www.AmericansForSafeAccess.org or contact the ASA office at 1-888-929-4367 or 510-251-1856. 28 went public with his victory, the federal gov- in the control of the severe nausea and vomit- ernment retaliated with threats to withdraw ing caused by cancer chemotherapy, and in his access to cannabis. In 1978, Mr. Randall the treatment of asthma."4 filed suit and within days federal agencies More than a decade later, in response to state requested to settle. As a result, the FDA laws that permitted the use of cannabis in established the Investigational New Drug accordance with a recommendation by a (IND) Compassionate Access Program to sup- ply individuals who suffered from severe or licensed physician, the White House Office of chronic illness with a monthly supply of National Drug Control Policy commissioned cannabis, up to nine pounds annually. another report from the IOM to assess the medical and scientific value of cannabis. In In 1992, in response to an overwhelming 1999 the IOM published Marijuana as Medicine: number of applications from people suffering Assessing the Science Base, a comprehensive the effects of AIDS, President H.W. Bush meta-analysis of all existing research concern- closed the program to all new applicants, cit- ing the therapeutic value of cannabis.5 In ing concerns that the program undermined describing the findings of the IOM review, the the "war on drugs." Today, a handful of sur- Congressional Research Service observes that viving IND-participants continue to receive "[f]or the most part, the IOM Report strad- medical cannabis from the U.S. government, dled the fence and provided sound bites for paid for by federal tax dollars. both sides of the medical marijuana debate."6 In 2002, a study of the individuals that have Both IOM reports conclude that there is a used standardized, heat-sterilized, quality- sound medical and scientific basis for using controlled cannabis as part of the federal IND cannabis as treatment for a variety of serious program demonstrated the long-term clinical or chronic medical conditions. They emphasize effectiveness of cannabis in treat- the need for continued research with a focus ing the chronic musculoskeletal on well-designed clinical trials aimed at devel- pain, spasm and nausea, and oping rapid-onset, reliable, and safe delivery spasticity associated with systems. Congress and executive agencies have Multiple Sclerosis. After using largely ignored these findings and have never cannabis supplied by the federal convened a panel to oversee the full imple- government for periods ranging between 11 mentation of recommendations.
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