Marijuana Laws Should State and Federal Marijuana Laws Be Reformed?

Researcher Published by CQ Press, a division of Congressional Quarterly Inc. CQ thecqresearcher.com Marijuana Laws Should state and federal marijuana laws be reformed?

dozen states have adopted legislation in recent years allowing patients with certain illnesses to legally use marijuana as a medicine — measures that clearly conflict with federal anti-marijuana laws.A In California, federal drug agents raided the homes of pa- tients using medical marijuana, claiming federal law superceded California’s law permitting compassionate use of marijuana. Two

medical marijuana users challenged Washington’s authority to over- The U.S. Supreme Court is expected to rule this spring in a case challenging the federal government’s authority to override a California law rule a state’s law, and the U.S. Supreme Court is expected to rule permitting medical marijuana. on the case this spring. Meanwhile, some studies show that mari- I juana is less addictive than caffeine, and legalization proponents N argue that it should therefore be available to adults for personal THIS REPORT S use. The government and other critics continue to insist that mari- THE ISSUES ...... 127 I CHRONOLOGY ...... 135 juana should remain illegal because it is not an effective medicine D BACKGROUND ...... 136 and is both dangerous in its own right and as a “gateway” drug E to cocaine and other more addictive and harmful drugs. CURRENT SITUATION ...... 138 AT ISSUE ...... 141 OUTLOOK ...... 142

The CQ Researcher • Feb. 11, 2005 • www.thecqresearcher.com BIBLIOGRAPHY ...... 145 Volume 15, Number 6 • Pages 125-148 THE NEXT STEP ...... 146

RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR EXCELLENCE AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD MARIJUANA LAWS T H CQE Researcher Feb. 11, 2005 THE ISSUES SIDEBARS AND GRAPHICS Volume 15, Number 6

• Should marijuana be Marijuana Use Continues MANAGING EDITOR: Thomas J. Colin 103 legally available by pre- 128 to Decline scription for medical pur- Students’ use began dropping ASSISTANT MANAGING EDITOR: Kathy Koch poses? in the mid-1990s. ASSOCIATE EDITOR: Kenneth Jost • Should marijuana be Emergency Room ‘Mentions’ STAFF WRITERS: Mary H. Cooper, legal for adults and regu- 129 Rose Peter Katel lated like alcohol and to- The number of times marijuana CONTRIBUTING WRITERS: Sarah Glazer, bacco? use was mentioned during David Hosansky, Patrick Marshall, emergency room visits tripled Tom Price BACKGROUND between 1994 and 2002. DESIGN/PRODUCTION EDITOR: Olu B. Davis Ancient Remedy Penalties for Possession ASSISTANT EDITOR: Kate Templin 136 The marijuana plant has 131 Vary Widely been used by humans for State marijuana laws vary 10,000 years. widely in severity. DEA Debate Cannabis Among Least 138 132 Addictive Drugs The agency refuses to Marijuana is considered less reschedule marijuana as a A Division of addictive than alcohol and Congressional Quarterly Inc. less-dangerous drug. caffeine. SENIOR VICE PRESIDENT/GENERAL MANAGER: Chronology John A. Jenkins URRENT ITUATION 135 Key events since 1764. C S DIRECTOR, LIBRARY PUBLISHING: Kathryn C. Suárez Research Efforts Canada and the Nether- DIRECTOR, EDITORIAL OPERATIONS: 138 Some legalization propo- 136 lands Lighten Up Ann Davies But the new marijuana laws nents say the government CONGRESSIONAL QUARTERLY INC. has blocked marijuana re- have unintended consequences. CHAIRMAN: Paul C. Tash search. At Issue 141 Should marijuana laws be VICE CHAIRMAN: Andrew P. Corty States’ Rights relaxed? PRESIDENT AND PUBLISHER: Robert W. Merry 140 A Supreme Court decision in a key California case, Copyright © 2005 CQ Press, a division of Congres- Ashcroft v. Raich, is due FOR FURTHER RESEARCH sional Quarterly Inc. (CQ). CQ reserves all copyright this spring. and other rights herein, unless previously specified For More Information in writing. No part of this publication may be re- 144 Organizations to contact. produced electronically or otherwise, without prior OUTLOOK written permission. Unauthorized reproduction or Bibliography transmission of CQ copyrighted material is a violation Supreme Court Ruling 145 Selected sources used. of federal law carrying civil fines of up to $100,000. 142 Court watchers predict the The CQ Researcher (ISSN 1056-2036) is printed on The Next Step acid-free paper. Published weekly, except March 25, government will prevail in 146 Additional articles. the California medical mar- July 1, July 8, Aug. 5, Aug. 12, Nov. 25, Dec. 23 and Dec. 30, by CQ Press, a division of Congressional Quar- ijuana case. Citing The CQ Researcher 147 terly Inc. Annual subscription rates for institutions start Sample bibliography formats. at $625. For pricing, call 1-800-834-9020, ext. 1906. To purchase a CQ Researcher report in print or elec- tronic format (PDF), visit www.cqpress.com or call 866-427-7737. A single report is $10. Bulk purchase discounts and electronic-rights licensing are also avail- able. Periodicals postage paid at Washington, D.C., and additional mailing offices. POSTMASTER: Send address Cover: The U.S. Supreme Court is expected to rule this spring in a case challenging the changes to The CQ Researcher, 1255 22nd St., N.W., federal government’s authority to overrule a California law permitting the use of marijuana Suite 400, Washington, DC 20037. for medicinal purposes if recommended by a physician. (Getty Images/Justin Sullivan)

126 The CQ Researcher Marijuana Laws BY PATRICK MARSHALL

But Robert L. DuPont, pres- ident of the Institute for Be- THE ISSUES havior and Health and for- iane Monson had mer director of the National been using marijua- Institute on Drug Abuse D na since 1999 to treat (NIDA), disagrees. “Smoked her chronic back pain and marijuana is the cause of many spasms. No other prescrip- serious health problems, and tion medication worked. But it is the solution to none,” on Aug. 15, 2002, agents from he told a congressional sub- the federal Drug Enforcement committee last year. “There Administration (DEA) and are more effective, safer and Butte County sheriff’s deputies better-tolerated medicines raided Monson’s home in now available for all of the Oroville, Calif. Although the illnesses for which the mari- local district attorney agreed juana advocates propose that Monson’s six medical using smoked marijuana.” 2 cannabis plants were lawful Meanwhile, Canada recent- under local guidelines and ly began allowing patients —

California’s Compassionate Getty Images/Mannie Garcia with a doctor’s recommenda- Use Act, the DEA agents de- Angel Raich, who has a brain tumor, and Diane tion — to legally possess mar- stroyed Monson’s plants; the Monson, right, who suffers from chronic back pain, sued ijuana. (See sidebar, p. 136.) to prevent the federal government from blocking their DEA has yet to file charges use of marijuana, which is permitted by California’s And Israel, which has been in against Monson. medical marijuana law if recommended by a physician. the forefront of research on Angel Raich suffers from The two women sued after federal drug agents raided pharmaceutical uses for mar- an inoperable brain tumor, Monson’s home and took her six plants. A Supreme ijuana, last August began test- chronic pain and a number Court ruling is expected this spring. ing the therapeutic effects of of other conditions that her certain ingredients in marijua- doctor says defy conventional treatments. marijuana. Moreover, at least 10 other na on soldiers suffering from acute At one point, the Oakland, Calif., moth- states besides California have passed combat-related stress disorders. 3 er of two teenagers was so weak she medical marijuana laws since 1996: Although the public may support had to use a wheelchair. With no way Alaska, Colorado, Hawaii, Maine, Mary- medical use of marijuana, many gov- to relieve her pain — and because Cal- land, Montana, Nevada, Oregon, Ver- ernment officials and some researchers ifornia voters had approved the med- mont and Washington. And last No- say marijuana is both dangerous and ical use of marijuana in 1996 — she vember, voters passed 17 initiatives not viable as a medicine. “It is a patent decided, at her doctor’s suggestion, to calling for reduced marijuana penal- medicine of the 19th century hawked give marijuana a try.” 1 ties in Alaska, Montana, Oregon, Ann by carnival barkers,” says David Mur- The drug worked wonders, Raich Arbor, Mich., Columbia, Mo., and sev- ray, special assistant to the director of says. Her symptoms eased, and she eral state districts in Massachusetts. the Office of National Drug Control even retired her wheelchair. “Every, single ballot initiative on Policy (ONDCP), the federal govern- Raich and Monson sued the U.S. medical marijuana that has been out ment’s lead drug policy group. “Peo- government in October 2002 to stop there has won, often by very sub- ple feel good after they take it, but the federal drug raids, and the case is stantial margins,” says Ethan Nadel- they don’t get better.” now before the U.S. Supreme Court; mann, director of the Drug Policy Al- Not only is smoked marijuana not an a ruling is expected this spring. liance, which supports legalizing effective medicine, say opponents of Recent opinion polls indicate strong marijuana for medical purposes and medical marijuana and NIDA, but it is public support for medicinal marijua- personal use by adults. “I think it’s addictive, carcinogenic, damages the na. A November 2003 Gallup Poll now safe to say that majorities in body’s respiratory, immune and repro- found that 75 percent of U.S. adults every state of the country support ductive systems, affects short-term mem- favor allowing patients with a doc- making marijuana legal for medical ory and ability to learn and is a “gate- tor’s prescription to possess and use purposes.” way” to harder narcotics use. 4

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she adds, “I would be ready to stop the Marijuana Use Continues to Decline fight for medical marijuana.” Marijuana use among eighth, 10th and 12th-grader dropped from Steve Fox, director of government 2003 to 2004, continuing a decline that began in the mid-1990s. relations at the Washington, D.C.-based Marijuana Policy Project, which advo- Past-month use of marijuana among eighth-graders declined cates general decriminalization of mar- significantly. ijuana, calls the DEA’s position “non- sensical.” He cites a broad array of Marijuana Use Among Students, 1991-2004 medical publications and organiza- (by the percentage who used in the past month) tions that have endorsed the medical Percentage use of marijuana — including the New 50% York State Medical Society, the Amer- ican Academy of Family Physicians, the American Nurses Association and even the authoritative New England 40 Journal of Medicine — none of which advocates full legalization. “Federal authorities should rescind their prohibition of the medical use of mari- 30 8th Graders 10th Graders juana for seriously ill patients and allow physicians to decide which patients to 12th Graders treat,” the journal editorialized. 7 20 The California Medical Association and the California Nurses Association echoed those sentiments when they joined an amicus brief to the U.S. 10 Supreme Court in support of the Oak- 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 land Cannabis Buyers’ Cooperative — a group that grew and distributed mar- Source: Monitoring the Future survey, December 2004; the survey of 50,000 public ijuana for patients with a doctor’s rec- and private-school students is conducted by the University of Michigan’s Institute ommendation but was shut down by for Social Research and funded by the National Institute on Drug Abuse the DEA in 1998. The cooperative then sued the federal government in a case Moreover, Murray and other oppo- Indeed, when Nadelmann was asked that was appealed to the Supreme nents contend that supporters of med- if legalizing marijuana for medical pur- Court. The high court ruled that med- ical marijuana have a hidden agenda poses would help lead to overall le- ical necessity was not a defense against — legalization of marijuana for recre- galization, he said, “I hope so.” 6 federal anti-marijuana laws (see p. 138). ational purposes. “It is not the med- But Nadelmann notes that billionaire “Neither federal prosecutors nor the ical community that is pushing for this,” investment fund manager George courts should impede a desperate pa- he says. “Activists, legalizers and other Soros, a major supporter of the Drug tient who has tried all conventional political-pressure groups are using the Policy Alliance, among other marijuana treatments without success and, acting name of the medical community and/or reformists, does not support across-the- with the advice and approval of his patients to push for their objectives.” board legalization efforts. or her physician, seeks to alleviate his According to the DEA, “The cam- Indeed, many medical marijuana ad- or her serious suffering by using a paign to allow marijuana to be used vocates vehemently deny that their fight non-conventional treatment that has as medicine is a tactical maneuver in has anything to do with legalizing the been reasonably shown to be effec- an overall strategy to completely le- drug for general use. “We’re not fight- tive in his or her case,” the two or- galize all drugs. Pro-legalization ing for legalization overall,” says Hilary ganizations urged. 8 groups have transformed the debate McQuie, political director of Americans Meanwhile, recent studies show that from decriminalizing drug use to one for Safe Access, a medical marijuana ad- fewer teens are using marijuana and of compassion and care for people vocacy group in Berkeley, Calif. If a that usage rates among adults have re- with serious diseases.” 5 good alternative medication is developed, mained steady even though marijuana

128 The CQ Researcher abuse and dependence have been in- creasing, particularly among African Emergency Room ‘Mentions’ Rose Americans and Hispanics. The number of emergency room visits in which marijuana use was In December 2004, the University of mentioned rose to nearly 120,000 in 2002, triple the number in Michigan’s annual Monitoring the Fu- ture survey of nearly 50,000 secondary- 1994. Opponents of legal marijuana use cite “marijuana mentions” school students showed that marijuana as an indication of the drug’s harmfulness. use among eighth, tenth and 12th graders had continued its slow, steady decline Total Marijuana Mentions During since 1996. 9 In 2003 and 2004, the Emergency Room Visits, 1994-2002 study found, the proportion of students seeing marijuana use as dangerous has 1994 40,034 increased, and personal disapproval of 1995 45,259 marijuana use increased in 2004 — which the authors said could explain 1996 53,770 some of the decline in use. “Quite possibly, the media campaign 1997 64,720 aimed at marijuana use that has been 1998 76,842 undertaken by the White House Office of Drug Control Policy, in collaboration 1999 87,068 with the Partnership for a Drug Free America, has been having its intended 2000 96,426 effect,” said University of Michigan re- 2001 110,512 searcher Lloyd Johnston, the study’s prin- cipal investigator. “I am not aware of 2002 119,472 any other social influence process that 0 20,000 40,000 60,000 80,000 100,000 120,000 could explain these changes in how 10 young people view marijuana.” Source: Substance Abuse and Mental Health Services Administration In a related study published in the Journal of the American Medical Asso- ciation (JAMA) in May 2004, researchers Nora D. Volkow. “This study suggests that marijuana should be generally found that adult marijuana abuse and that we need to develop ways to mon- available. “Adults should be allowed dependence increased during the 1990s. itor the continued rise in marijuana abuse to possess virtually anything without Addiction researchers at the National and dependence and strengthen exist- the government interfering,” says David Institutes of Health found that the num- ing prevention and intervention efforts, Boaz, executive vice president of the ber of people reporting that they used particularly developing and implement- Cato Institute, a libertarian, public pol- marijuana in 1991-1992 and 2001-2002 ing new programs that target African- icy group. “The federal government remained about the same in both time American and Hispanic young adults.” has no constitutional authority to deal periods. But the study found that mar- “The increase in potency of mari- with possession of marijuana.” ijuana abuse or dependence rose 22 juana over the last decade may be But Murray of the Office of Nation- percent during the decade, largely due partly responsible for the drug’s in- al Drug Control Policy says flatly, “Mar- to a 224 percent increase among African- creased abuse and dependence, par- ijuana is illegal because it is harmful.” Americans ages 18 to 29 and a 148 ticularly since marijuana-use patterns Furthermore, he adds, legalizing and percent jump among young Hispanic have not changed over this period,” regulating marijuana like alcohol and to- men in the same age range. 11 the authors wrote. However, no sin- bacco would be impossible because mar- “Marijuana is the most commonly gle factor can account entirely for the ijuana can be easily grown in one’s back used illegal substance in the United increases seen in minority popula- yard, while alcohol and tobacco require States, and its use is associated with ed- tions, they added, because numerous complicated distilling and curing. “You’d ucational underachievement, reduced cultural, psychosocial, economic and get an increase in availability and an in- workplace productivity, motor vehicle lifestyle factors likely play roles. crease in accessibility,” Murray says. accidents, and increased risk of use of Aside from medical considerations, Critics say that’s nonsense, first of other substances,” says NIDA Director some marijuana-law reformers argue all because alcohol, like marijuana, can

Available online: www.thecqresearcher.com Feb. 11, 2005 129 MARIJUANA LAWS be created at home. “We Schedule 1, which is re- saw what happened when served for drugs that have there was alcohol prohibi- no recognized medical use tion,” Fox says. “People and are considered highly were creating bathtub gin dangerous and addictive, in- that was leading to the death cluding heroin. As a Sched- of users. It created enor- ule 1 drug, marijuana cannot mous organized crime prob- be legally possessed, pre- lems, which is what they’re scribed or distributed. 12 doing right now with mari- Critics of medical uses for juana. If we take marijuana marijuana contend that mari- off the streets and regulate juana has no medicinal value. it, we will diminish organized “We don’t have a body of ev- crime problems.” idence from a scientific per- Some critics of the gov- spective that supports that ernment’s opposition to le- smoked medical marijuana galization of marijuana spec- brings any benefits to an indi- ulate that it is grounded more vidual,” says Arthur T. Dean, on political and cultural bi- chairman of the Community ases than medical or scien- Anti-Drug Coalitions of Ameri- tific evidence. ca (CADCA). “There is an identification The ONDCP’s Murray stress- of drugs, in particular with es that medicinal marijuana has marijuana, with the counter- not been approved by the Food culture,” says Rep. Barney and Drug Administration (FDA) Frank, D-Mass. “How do you because advocates have thus account for the prohibition- far failed to convince the FDA ist mentality toward marijua- of its medical value. “Marijua- na compared to alcohol, na is not being treated differ- which does a great deal ently than any other drug that more damage? The answer applies to be a medicine is that middle-aged white through the FDA,” Murray says. guys drink, but they don’t “It has to go through inde- smoke marijuana. It’s seen as pendent, new drug trials. It the drug of choice of the has to go through clinical tri- counterculture.” als. It has to have multiple pa- Nadelmann agrees, but tients and analyses for med- he also sees a darker mo- ical conditions. It has never tive behind the opposition. attained that standing.” “We have private indications But advocates of medical National Organization for the Reform of Marijuana Laws National Organization that many Republicans [in New York City Mayor Michael Bloomberg acknowledged he marijuana say the government Congress] are sympathetic to had smoked pot in a full-page ad in The New York Times itself has prevented such tri- medical marijuana,” he says, on April 9, 2002, sponsored by the National Organization als because it alone controls for the Reform of Marijuana Laws. “but they are feeling pres- the legal supplies of re- sure from the White House to oppose Should marijuana be legally avail- search-quality marijuana, and has re- it so that “the more reactionary side of able by prescription for medical jected most applications to study the the conservative movement can use the purposes? medicinal qualities of marijuana. drug issue to advance its broader po- The Controlled Substances Act of Meanwhile, “thousands of medical litical agenda.” 1970 categorized drugs into five “sched- users around the country” dispute the As the debate over marijuana poli- ules” based on their medicinal value, idea that there are no medical uses for cy continues, here are some of the potential danger and potential for abuse marijuana, says Mitch Earleywine, a questions being asked: or addiction. Marijuana is listed in noted drug researcher and director of

130 The CQ Researcher clinical training in psy- undergoing chemothera- chology at the University py, who simultaneously of Southern California. A suffer from severe pain, 1999 study by the Amer- nausea and appetite loss, ican Medical Association “cannabinoid drugs might and the government’s own offer broad-spectrum re- Institute of Medicine (IOM) lief not found in any also supported medicinal other single medication,” marijuana, he adds. 13 the report said. “Limited, controlled ev- “But it does not follow idence supports the view from this that smoking that smoked marijuana and marijuana is good medi- THC [a potent chemical in cine.” Besides delivering car- marijuana] can provide cinogenic substances to the symptomatic relief in pa- lungs, marijuana plants vary tients with MS, spinal cord in potency and cannot pro- injury and other causes of vide a precisely defined spasticity,” said a 2001 re- dosage, it said. “For those port by the Council on Sci- reasons, there is little fu- entific Affairs of the Amer- ture in smoked marijuana ican Medical Association as a medically approved (AMA). “Smoked marijua- medication,” the report said, na stimulates appetite and recommending instead that increases caloric intake in research focus on devel- normal subjects,” which is oping a non-smoked, rapid- why patients say it helps onset delivery system. 16 relieve their chemothera- Moreover, the DEA’s py-induced nausea and the fact sheet on marijuana wasting effects of AIDS. 14 states that other studies The IOM report also have shown smoked mar- found evidence of poten- Office of National Drug Control Police/Partnership for a Drug-Free America ijuana can cause “a vari- Declining marijuana use among secondary-school students tial medical benefits from may reflect the national media campaign mounted by the ety of health problems, in- marijuana, especially certain White House Office of Drug Control Policy and the cluding cancer, respiratory components. “Scientific data Partnership for a Drug-Free America. problems, loss of motor indicate the potential ther- skills and increased heart apeutic value of cannabinoid drugs, pri- suffering and pain, and affirmatively rate.” It also can impair the ability of marily THC, for pain relief, control of improves their condition.” the immune system to fight off infec- nausea and vomiting, and appetite stim- USC’s Earleywine notes that the IOM tions, potentially doing “more harm ulation,” said the report, which surveyed report was “pretty clear” that certain in- than good in people with already com- the results of available studies. 15 gredients of marijuana, particularly THC, promised immune systems.” 17 Moreover, in their amicus brief in “have some medicinal value.” But he ac- While neither the IOM nor AMA stud- the Raich case, the California Medical knowledges that opponents of medical ies called for a rescheduling of mari- Association and California Nurses As- marijuana interpreted the IOM report dif- juana, both advocated more study and sociation point out that “the govern- ferently. “The Institute of Medicine re- research into the development of drugs ment does not dispute the facts that port has turned into kind of a Rorschach derived from marijuana that would pre- the plaintiffs here suffer painful, de- test, with people grabbing onto parts sumably not carry the dangers posed bilitating diseases that have not re- that support their argument,” he says. by smoked marijuana — which stem sponded to conventional medicines, In fact, the IOM report made a sharp mostly from inhaling the smoke and the and that have responded to medical distinction between the benefits and difficulties of delivering consistent dosages cannabis. Thus, the factual record is safety of smoked marijuana versus the quickly. Until then, the IOM said, some clear that for these patients, the use benefits and safety of potential cannabis- patients have no viable alternatives to of medical cannabis ameliorates their type drugs. For patients with AIDS or smoking marijuana. “Until a non-smoked

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Meanwhile, Great Britain and Cana- Cannabis Among Least Addictive Drugs da are on the verge of developing an- other marijuana extract — Sativex — LSD, MDMA and cannabis were rated by addiction researchers and that looks more promising. Its devel- clinicians as significantly less addictive than nine other drugs. opers — GW Pharmaceuticals of Great Crack cocaine, nicotine and heroin were rated the most addictive. Britain — say it offers the full spec- trum of marijuana’s active ingredients, Addictiveness of Drugs delivered in a spray. Absorbed under the tongue, the medication is easier Ratings are based on experts’ subjective ratings of the tolerance, to take than Marinol and faster acting. withdrawal and addiction created by 12 drugs, from Earleywine, however, is not sure Sativex least addictive (1) to most addictive (7)* would be any better than regular mari- juana smoked through a vaporizer to re- Drug Addictiveness Rating move carcinogens. Both Earleywine and LSD 3.26 McQuie of Americans for Safe Access are MDMA (Ecstasy) 4.21 concerned about drawbacks to the “phar- maceuticalization” of marijuana. Cannabis 4.46 “Given its effectiveness and safety, Caffeine 4.64 being able to grow your own medicine and not having to pay prescription drug Amphetamine 5.71 prices is a huge benefit for people,” says Alcohol 5.84 McQuie, pointing out that Marinol costs Cocaine 5.86 about $300 a month, and no one knows how much Sativex will cost. “A lot of Methamphetamine 6.05 people believe they should have the right Oxycodone (Percocet, Oxycontin etc) 6.25 to use marijuana as a sole remedy.” Some medical marijuana advocates Crack Cocaine 6.48 contend the federal government’s re- Nicotine 6.54 luctance to allow patients to use mar- ijuana has more to do with protecting Heroin 6.62 the pharmaceutical industry than with 01234567medical concerns. “The real problem with allowing pa- Least Addictive Most Addictive tients to use cannabis as a medication is economics,” Claudia Jensen, a Cali- Source: Robert Gore and Mitch Earleywine, “Addiction Potential of Drugs of Abuse: fornia physician who supports the use A Survey of Clinicians and Researchers,” Department of Psychology, University of of marijuana to treat attention deficit Southern California, October 2004. The survey included 746 addiction researchers, disorder (ADD), told a congressional clinicians specializing in addiction and generalist psychotherapists. hearing last April. “If cannabis were approved for use in just the [ADD] mar- rapid-onset, cannabinoid drug-delivery Opponents of legalizing medical mar- ket alone, it could significantly impact system becomes available, we ac- ijuana point out that there is already a the $1 billion a year sales for tradi- knowledge that there is no clear alter- medication containing THC — Marinol tional [attention deficit disorder] phar- native for people suffering from chron- — that has been approved by the FDA. maceuticals. . . . Multiply those num- ic conditions that might be relieved by However, advocates of medical mari- bers by the tens of medical diagnoses smoking marijuana, such as pain or juana say that because Marinol is de- that are effectively treated by cannabis AIDS wasting,” the report notes. 18 livered in pill or suppository form, pa- — for example chronic pain, which is Despite the calls for more study, tients cannot get it into their systems a much bigger business than the treat- advocates of medical marijuana say quickly or adjust the dose easily. ment of ADD; or glaucoma, or multi- the U.S. government rejects most ap- What’s more, THC is only one of the ple sclerosis — and it is easy to see plications to study the drug’s poten- potentially therapeutic substances in the pharmaceutical industry would suf- tial medicinal uses. marijuana, they say. fer beyond calculation.” 19

132 The CQ Researcher Penalties for Possession Vary Widely ossession of marijuana is a crime under federal law. But used in a single marijuana cigarette. “Under Michigan law he in several states and local jurisdictions, possessing mar- most likely would have received a $100 fine,” writes Schloss- P ijuana can lead to a friendly wave from a police offi- er. “But in federal court, Czuprynski was sentenced to 14 months cer or time in jail. in prison. His license to practice law was suspended. His suc- Under federal law, possession of any amount of marijuana cessful law firm closed down.” can result in up to a year in jail and a $1,000 fine for a first of- To further complicate matters, marijuana laws vary widely fense. For a second conviction, the penalties increase to a 15- from region to region. While getting caught with an ounce of day mandatory minimum sentence and a maximum of two years marijuana in California brings a misdemeanor charge and no jail in prison and a fine of up to $2,500. In California, by contrast, time, for example, conviction in Alabama brings up to a year in a first offense brings no jail time and up to a $100 fine. jail and a $2,000 fine. Similarly, cultivating any amount of mari- In many cases, a state has declined to prosecute an individ- juana in California (except when it is recommended for a pa- ual only to have federal authorities step in. Shortly after Califor- tient or caregiver) is a felony that can bring 16 months in prison, nia’s medical marijuana law was passed in 1996, Todd McCormick, while cultivating 2.2 pounds to 100 pounds in Alabama means a cancer patient who used marijuana to reduce nausea and pain, a mandatory minimum of five years in prison and a $50,000 fine. was growing marijuana at his Bel Air home, and local authori- In Texas, penalties start out on the tough side and get harsh- ties had taken no action. In July 1997, however, federal agents er. Possession of up to two ounces of marijuana is punishable by raided his home. Under a plea agreement, he was sentenced to 180 days in jail and up to a $2,000 fine. For more than two ounces, five years in federal prison. He was released in December 2003. the penalty rises to a year in jail and a fine of up to $4,000. Moreover, writes author Eric Schlosser, “A person may even In addition to the patchwork of state laws, federal law re- be tried twice for the same drug crime: After being found in- quires anyone convicted of a drug offense to lose his or her nocent by a state jury, marijuana growers can be — and have student aid, notes Rep. Barney Frank, D-Mass. “I’ve been try- been — subsequently convicted in federal court.” ing to repeal that.” Frank points out that convictions for other Schlosser also notes, “There are no established criteria for when crimes, such as armed robbery, do not necessarily result in a a U.S. attorney will enter a marijuana case. The federal govern- loss of aid. ment could prosecute any and every marijuana offender in Amer- And convictions for possession of marijuana can be count- ica if it so desired, but in a typical year it charges less than 2 ed as parole or probation violations, resulting in jail time. “There percent of those arrested. In some districts there is a policy that are no hard numbers on any of that,” says Ethan Nadelmann, the U. S. attorney will enter cases involving more than a hun- director of the Drug Policy Alliance, but when you talk to peo- dred plants or a hundred pounds. In others, a federal prosecu- ple in probation and parole, they say it is massive. That gives tor may simply take a special interest in a case.” 1 the lie to the argument there aren’t a lot of people behind bars Schlosser cites the case of Edward Czuprynski, a liberal ac- for marijuana offenses.” tivist in Michigan, who was convicted in federal court of pos- session of 1.6 grams of marijuana, approximately the amount 1 Eric Schlosser, “Marijuana and the Law,” The Atlantic Monthly, September 1994.

The ONDCP’s Murray says the gov- misguided, heavy-handed, and inhu- “Clearly, cannabis does not belong ernment has no bias against marijuana. mane,” the New England Journal of on Schedule 1. Its addictive potential is “We have no fear of marijuana,” he Medicine editorialized. 20 right around caffeine’s,” Earleywine says. says, noting that many other danger- Neither the AMA nor the Institute of ous substances with high potential for Should marijuana be legal for Medicine recommended that marijuana abuse have been approved once they adults and regulated like alcohol be legalized or rescheduled. However, have gone through clinical trials and and tobacco? says McQuie of Americans for Safe Ac- demonstrated medicinal utility. Some medical marijuana advo- cess, “The fact that the IOM stated that But advocates of medical marijua- cates argue that the recognition of marijuana had medical value should na say sick patients shouldn’t be asked marijuana’s medicinal value and low take it out of Schedule 1 in and of it- to wait for the “ideal” solution — level of addictiveness indicate that it self.” To be classified as Schedule 1, a whether it be a pharmaceutical extract is long overdue for being reclassi- drug must have no medicinal value, be of marijuana or FDA approval of the fied — or rescheduled — to a less highly addictive and dangerous. plant form of the drug. “A federal pol- restrictive category under the Con- The National Organization to Re- icy that prohibits physicians from al- trolled Substances Act and even form Marijuana Laws (NORML) argues leviating suffering by prescribing mar- made available to adults for recre- that no one has ever died from an ijuana to seriously ill patients is ational purposes. overdose of marijuana but that 50,000

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Americans die from alcohol poisoning The ONDCP’s Murray agrees that ined lives due to criminal penalties — and another 400,000 die from cigarette the legality of alcohol doesn’t make a all while failing to prevent people from smoking every year. 21 good case for legalizing marijuana. using it. “The smoking of cannabis, even “That is hardly an argument: That be- “Prohibition and the resulting black long term, is not harmful to health,” cause you dropped an anvil on your market enriches criminals and terror- wrote the editors of the British med- foot then you should drop a tire iron ists, results in gang warfare, encour- ical journal Lancet, arguing for de- on your other foot,” Murray says. ages the recruitment of youth to sell criminalization of marijuana. “Leaving Critics also argue that marijuana is drugs, provides youth with easier ac- politics aside, where is the harm in a gateway to more dangerous drugs. cess to drugs, corrupts government of- decriminalising cannabis? There is none “It’s not that every kid who smokes ficials, destabilizes governments and to the health of the consumers.” 22 marijuana goes on to use heroin or undermines the rule of law,” Scott But parents’ groups and the U.S. cocaine,” Murray says. “But you Ehlers, a senior policy analyst at the government continue to warn that mar- hardly find anyone using cocaine Drug Policy Foundation, told a con- ijuana is dangerous. “Marijuana is an and heroin today who did not start gressional hearing in 1999.” 25 addictive drug,” says Calvina Fay, ex- with marijuana. The risk of devel- Criminalization has also kept the ecutive director of the Drug Free oping a dependency later in life on government from helping addicts kick America Foundation, in St. Petersburg, cocaine is 15 times greater for those the habit, he said. “If drug use and Fla. “It’s a dangerous drug. It’s a harm- who were early, young marijuana addiction were treated as a health ful drug. It’s currently classified as being smokers than for those who did not problem,” Ehlers said, “you would illegal. We don’t see anything good smoke marijuana.” have health-care workers reaching out that can come from legalizing it.” But proponents of legalization to drug users, rather than the police Indeed, opponents contend that mar- say that virtually all scientific stud- actively seeking out and arresting ijuana is carcinogenic, harms the body’s ies refute or fail to confirm that the people for possessing personal quan- respiratory, immune and reproductive use of marijuana leads to harder tities of drugs. With the threat of crim- systems, affects short-term memory and drugs. “Most users of other illicit inal sanctions gone, many more peo- ability to learn and is a “gateway” to drugs have used marijuana first,” the ple with substance-abuse problems harder narcotics use. 23 IOM report’s authors acknowledge. would seek medical assistance rather Proponents of legalization argue, But, “most drug users begin with al- than hiding out of fear of arrest and however, that while marijuana smoke cohol and nicotine before marijua- imprisonment.” does contain concentrations of car- na — usually before they are of Not everyone agrees. “Because of cinogens at least as high as tobacco, legal age.” Thus, they conclude, regulations against marijuana, we’re con- smokers tend to inhale much less “There is no conclusive evidence that straining it to a smaller population,” marijuana smoke over their lifetimes the drug effects of marijuana are Murray says. “Keeping marijuana illegal than tobacco smokers. causally linked to the subsequent strengthens our ability to regulate a dan- But Fay and other opponents of le- abuse of other illicit drugs.” 24 gerous substance that is, in fact, quite galizing marijuana say comparing mari- What’s more, advocates of legal- problematic for young people.” juana to alcohol and tobacco misses the ization argue, marijuana — like alco- And even if marijuana were appro- point: Those drugs should be illegal as hol and tobacco — is a historical fact. priate for adults, it might send the wrong well, they argue, but given their histori- Its usage is so widespread, they say, message to children if it were legal- cal acceptance that is not a practical goal. that criminalizing it does more harm ized, say some opponents of legaliza- “If we had known what we know today than good. tion. “All of the adults debating this about the scientific evidence of the harms The Cato Institute’s Boaz agrees, cit- are not sending the right message to of alcohol, I don’t think we would have ing the nation’s attempt at alcohol pro- kids,” says Sue Thau, a CADCA poli- ever legalized it,” Fay says. “When we hibition in the 1920s. “We tried that cy analyst. ended prohibition, we didn’t have the experiment [with alcohol] and it did- But Nadelmann says the message scientific evidence that we have today.” n’t work,” he says. “We’re having the being sent to kids is that adults are Moreover, “very heavy lobby groups” same thing now with marijuana.” hypocritical, because they ban a sub- are working hard to ensure that alco- Criminalizing marijuana use only cre- stance that is less addictive than cof- hol and tobacco remain legal, she ates crime and an unregulated black fee while allowing alcohol and to- adds. “That is one of the dangers when market, say legalization advocates, while bacco to be traded freely. you open Pandora’s box. It’s really costing billions of dollars in law en- “Tens of billions of taxpayer dollars hard to put the bugs back in.” forcement and inconvenienced or ru- Continued on p. 136

134 The CQ Researcher Chronology

marijuana use spurs advocates 1996 1764-1969 Mari- of legalization to seek reforms. Arizona and California pass laws juana use spreads in the Unit- allowing possession of marijuana ed States, prompting govern- 1970 with a doctor’s recommendation. ment regulation. Federal Controlled Substances Act . . . Office of National Drug prohibits marijuana possession. Control Policy threatens action 1764 against physicians who recom- Marijuana appears in The New 1972 mend or prescribe marijuana. . . . England Dispensatory, a pharma- President Richard M. Nixon’s Na- California doctors and patients ceutical guide. tional Commission on Marihuana sue federal government in 1997. and Drug Abuse recommends de- 1854 criminalizing marijuana for person- 1998 Poet John Greenleaf Whittier de- al use. . . . National Organization Federal government shuts down six scribes marijuana as an intoxicant. for the Reform of Marijuana Laws marijuana cooperatives in California (NORML) petitions Drug Enforce- that provide the drug to patients. 1860 ment Administration to reclassify In 2001, the U.S. Supreme Court Ohio State Medical Society holds marijuana as a Schedule 2 drug so holds in United States v. Oakland first clinical marijuana conference. physicians can prescribe it. Cannabis Buyers’ Cooperative that medical necessity is not sufficient 1932 1985 grounds to violate the federal law National Conference of Commission- FDA approves dronabinol (Marinol), against marijuana possession. ers on Uniform State Laws drafts a a synthetic THC, for cancer patients. Uniform Narcotic Drug Act that in- March 17, 1999 cludes marijuana. By 1937, all states 1986 U.S. Institute of Medicine report prohibit marijuana use. DEA holds public hearings on finds some medical benefits in dronabinol, even though it still has- marijuana but also warns that the 1937 n’t held hearings on the 1972 peti- smoke can be toxic. Federal Marijuana Tax Act requires tion for rescheduling marijuana. anyone who cultivates, distributes or 2003 uses marijuana to pay a high tax. 1988 U.S. Supreme Court, by declining Administrative law Judge Francis to reverse a lower court’s deci- 1938 Young rules the DEA shouldn’t sion in Conant v. McCaffrey, Food, Drug and Cosmetic Act “continue to stand between those holds that physicians may recom- (FDCA) creates a drug-testing pro- sufferers and the benefits of this mend, but not prescribe, marijua- cedure regulated by the Food and substance in light of the evidence na to patients. Drug Administration (FDA). in this record.” DEA rejects Young’s finding. 2004 • On June 28, the U.S. Supreme 1992 Court agrees to hear Ashcroft v. First Bush administration cancels a Raich, a federal appeal of a 1960s Marijuana use “compassionate use” program that lower-court decision protecting spreads from minorities, musi- provided government-grown mari- patients from federal laws against cians and artists to the middle juana to a small group of patients. possession of marijuana. . . . In classes via the military and col- November, voters across the lege students. • country pass 17 initiatives aimed at liberalizing marijuana laws. • 1996-Present Summer 2005 Medical marijuana becomes a U.S. Supreme Court is expected to 1970-1996 Fed- major issue as states pass initia- announce its decision in Ashcroft eral government crackdown on tives, and cases land in the courts. v. Raich.

Available online: www.thecqresearcher.com Feb. 11, 2005 135 MARIJUANA LAWS

Canada and the Netherlands Lighten Up

arijuana laws in Canada and the Netherlands are $60,000 a year growing something in the back yard. And they’re among the most liberal in the industrialized world, quite happy with the law the way it is.” M along with those in Switzerland, Spain and England As for the apparent increase in usage, Oscapella says no and other countries in Western Europe. one knows how much of the increase is the result of users Although it is still illegal to buy marijuana in the Nether- feeling freer to report their actual usage more honestly under lands, the government in 1976 began permitting possession and Canada’s new, more liberal policies. sale of small quantities of the drug, and in the next few years Rather than reimposing restrictions on marijuana, legalization it began to be sold in licensed coffee shops and pharmacies. advocates like Oscapella say legalizing and licensing marijuana Criminal action is taken only if the quantity purchased is more cultivation would “threaten the market” for criminal elements. than five grams per person. And, marijuana cannot be adver- But the Canadian Professional Police Association, representing tised or sold to persons under age 18. 54,000 members, vigorously opposes decriminalizatioin, saying po- Possession is also still illegal in Canada, but regulations lice should have the discretion to arrest anybody — not just issue adopted in 2001 allow possession and use of marijuana for tickets. medical purposes if a patient has a doctor’s recommendation. Legalization proponents concede that marijuana usage has But David Murray, special assistant to the director of the U.S. increased in Canada and the Netherlands since liberalization Office of National Drug Control Policy, says the Canadian law but cite a recent study showing that rates in those countries has had unexpected repercussions. Canadians “have been stunned” have not risen higher than U.S. usage levels. Data analyzed by to discover that the new policy has sparked an increase in mar- Common Sense for Drug Policy show that 36.9 percent of ijuana usage and in illegal cultivation and distribution, he says. Americans have used marijuana during their lifetime, compared “They had thought of marijuana as this sort of mom-and-pop to 17 percent in the Netherlands. 2 thing with no real victims. What they’re finding out is that indoor Neither Canada nor the Netherlands has seen increased calls growers have sort of taken over and muscled in. Criminal ele- for tighter regulation of marijuana; instead, there has been pres- ments — Mafia, Asian gangs, biker gangs — are using violence sure for greater liberalization. In 2002, Canada’s Senate Special to take control of the marijuana situation. You don’t eliminate the Committee on Illegal Drugs issued a detailed report on marijua- criminality [with legalization] but you do get an increase in use.” na, which recommended legalization of the drug. The Canadian Addiction Survey recently found that the num- “In effect, the main social costs of cannabis are a result of ber of Canadians using marijuana had doubled over the past 10 public policy choices, primarily its continued criminalization, years: 14 percent of Canadians said they used the drug in 2004, while the consequences of its use represent a small fraction of compared to 7.4 percent in 1994. 1 Opponents of legalization the social costs attributable to the use of illegal drugs,” the re- worry that legalizing marijuana for the general population — port said. 3 “The prohibition of cannabis does not bring about not just for medical users — would trigger more marijuana use. the desired reduction in cannabis consumption or problemat- Eugene Oscapella — a founder of the Canadian Founda- ic use. However, [prohibition] does have a whole series of tion for Drug Policy, which favors reform of marijuana laws harmful consequences.” — agrees there have been unforeseen impacts. “Let’s not for- get the drug-prohibition industry is a big industry,” says Os- 1 CBC News, Nov. 24, 2004, www.cbc.ca/story/canada/national/2004/11/24/ drugstudy041124.html. capella, an attorney. “It’s an industry for organized crime. It’s 2 www.drugwarfacts.org/thenethe.htm. an industry for politicians. There also are all these mom-and- 3 “Cannabis: Our Position for a Canadian Public Policy,” Senate Special pop operations across the country. They’re making $50,000 or Committee on Illegal Drugs, September 2002, p. 29.

Continued from p. 134 to 8000 B.C. Over the following cen- [are sent] down the drain each year,” turies, it spread throughout Asia and writes Nadelmann. “People losing their BACKGROUND Europe, thanks primarily to its utility jobs, their property, and their freedom as a fiber for making rope. for nothing more than possessing a The first record of human con- joint or growing a few marijuana plants. Ancient Remedy sumption of marijuana for medici- And all for what? To send a message? nal or recreational purposes dates To keep pretending that we’re pro- he marijuana — or hemp — plant back to 2737 B.C., when the Chi- tecting our children? Alcohol prohibi- T has been used by humans for at nese emperor Shen Neng recorded tion made a lot more sense than mar- least 10,000 years. Archaeologists in the use of cannabis to treat gout, ijuana prohibition does today — and Taiwan have found strands of the malaria, beriberi, rheumatism and it, too, was a disaster.” 26 plant decorating clay pots dating back poor memory.

136 The CQ Researcher By 1400 B.C., marijuana was being the early 20th century. An exposé of paper accounts, heavily tinged with used as a medicine in India and by 70 the patent medicine industry’s scams in racism and anti-immigrant sentiment, A.D. it had been listed in a Greek phar- 1905 helped prompt passage of the blamed the “marijuana menace” for caus- macopoeia. European doctors began tak- Pure Food and Drug Act of 1906, es- ing users to commit heinous crimes. ing note of the plant by the early 1500s. tablishing the Bureau of Chemistry — The controversial 1936 government-com- During the Middle Ages, marijuana the forerunner of the FDA — and forc- missioned documentary “Reefer Mad- and hashish, a concentrated form of ing manufacturers to disclose ingredi- ness” depicted high school students who the drug made from marijuana resin, ents of their medicines and stop mak- smoked the “devil weed” going insane was widely used in the Middle East as ing unsubstantiated claims about their and killing their parents. 30 both a medicine and an intoxicant. But benefits. The law was superseded in By 1937, every state had prohibited Muslim societies in the Middle East at 1938 by the Food, Drug and Cosmet- marijuana use, either by adopting the the time punished Uniform Act or by pass- recreational smokers ing separate legislation. with 40 to 80 lashes The first federal legis- while exempting from lation directly concerned punishment those with marijuana was the using the drug for Marihuana Tax Act medicinal purposes. 27 (adopting the drug’s Span- Marijuana first came ish spelling) — passed in to the United States in 1937. It did not prohibit the mid-1800s and was marijuana production or used both as an in- use but required anyone toxicant and a medi- who cultivated, distributed cine. The first men- or used it to pay a $1- tion of marijuana as an-ounce tax for indus- an intoxicant by an trial or medicinal uses and American author ap- $100-an-ounce for recre-

pears in a poem by Getty Images/Justin Sullivan ational use. The tax was John Greenleaf Whit- Oakland medical marijuana advocate Ed Rosenthal celebrates with his high enough that mari- tier in 1854. Soon after, wife and daughter after he was sentenced in June 2003 to just one day juana’s popularity as a in jail on federal marijuana charges; prosecutors had sought a five- in 1860, the Ohio State year sentence. Several jurors later said they would have acquitted him medicine and a recre- Medical Society held if testimony had been permitted revealing he grew marijuana ational drug waned. By the first clinical con- for medical purposes under California law. 1942, the drug was rarely ference on marijuana. prescribed. During the 19th and early 20th ic Act (FDCA), which set up the FDA’s However, marijuana was still legal centuries, Mexican immigrants brought procedure for testing drugs for safety under federal law. It did not gain marijuana into the country and made and efficacy. Many cannabis extracts widespread popularity again until the it popular among immigrants, jazz mu- were being used even as late as the 1960s, when it became popular with sicians and African-Americans. Many 1930s, produced by such respectable veterans returning from Vietnam — local governments, particularly in areas pharmaceutical firms as Eli Lilly and where it had been plentiful — and with extensive immigration, passed Parke-Davis. 29 youths. their own anti-marijuana laws. In 1932, the National Conference of Rising public sentiment about the By the turn of the 20th century, mar- Commissioners on Uniform State Laws nation’s drug problem resulted in pas- ijuana use in the United States was drafted a proposed Uniform Narcotic sage in 1970 of the Controlled Sub- generally limited to lower socioeco- Drug Act that called for making mari- stances Act, which for the first time nomic groups. “Few people in the Unit- juana illegal. Public opinion had turned prohibited marijuana possession under ed States actually [smoked] marijuana, dramatically against smoked marijuana federal law. Possession for sale or dis- but those who did were not members in the ’30s following a concerted fed- tribution became a felony, while pos- of mainstream, Protestant, Caucasian so- eral public education — some say a session for personal use was a mis- ciety,” writes Earleywine.” 28 misinformation campaign — calling mar- demeanor punishable by up to one The federal government did show ijuana a “killer drug in which lurks mur- year in jail and a $1,000 fine for a more concern with regulating drugs in der, insanity and death.” Lurid news- first offense.

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The National Commission on Mari- to man.” While marijuana can be the challenges from the states. In 1996, huana and Drug Abuse — established abused, he wrote, “the same is true just after passage of medical marijua- by President Richard M. Nixon in 1972 of dozens of drugs or substances list- na laws in Arizona and California, the — decided Congress had gone too far. ed in Schedule 2” that are routinely Justice Department and DEA threat- The panel proposed decriminalizing prescribed by physicians. 33 ened to take action against any physi- possession of marijuana for personal “Marijuana has been accepted as ca- cian who recommended or prescribed use and also recommended that “ca- pable of relieving distress of great num- marijuana to patients. A group of doc- sual distribution of small amounts of bers of very ill people, and doing so tors and patients in California in 1997 marijuana for no remuneration, or for with safety under medical supervision,” sued the federal government to block insignificant remuneration not involv- Young continued. “It would be unrea- such action. The case, Conant et al. ing profit, would no longer be an of- sonable, arbitrary and capricious for v. McCaffrey, was finally concluded in fense.” 31 DEA to continue to stand between those October 2003 when the U.S. Supreme The commission’s findings were sufferers and the benefits of this sub- Court let stand a 9th U.S. Circuit Court largely ignored. stance in light of the evidence in this of Appeals ruling allowing physicians record.” 34 to recommend marijuana to patients. However, in an unusual move, then- After the doctors and patients filed DEA Debate DEA Administrator John Lawn over- suit, federal officials next filed suit in ruled Judge Young’s ruling, saying, January 1998 to shut down six Cali- “The evidence presented . . . was fornia marijuana cooperatives that pro- lso in 1972, the National Organi- limited to testimony of individuals vided the drug to patients. The de- A zation for the Reform of Marijua- who had used marijuana for those fendants in the case, United States v. na Laws (NORML) petitioned the DEA conditions and the testimony of the Oakland Cannabis Buyers’ Coopera- asking that marijuana be reclassified as psychiatrists or general practice tive, argued that “medical necessity” a Schedule 2 drug so physicians could physicians. There is not a shred of exempted them from federal laws prescribe it. It took several years and credible evidence to support any of against growing marijuana. 36 a court order before the government their claims.” An appeals court up- The 9th Circuit court agreed. The responded to NORML’s request. held Lawn’s power to overrule an ad- case, however, was appealed to the Meanwhile, a 1982 IOM report on ministrative law judge in 1994. 35 U.S. Supreme Court and, in May 2001 medicinal marijuana, “Marijuana and In 1977, President Jimmy Carter the high court ruled medical necessi- Health,” said cannabis and its deriva- called for decriminalization of mari- ty was not a valid exemption from tives have “shown promise in the juana possession, but by 1978-79 — federal drug laws. 37 treatment of a variety of disorders,” as drug use among youths was reach- including some kinds of glaucoma, se- ing its peak in America — an anti- vere asthma, chemotherapy-induced drug backlash developed. The back- nausea, seizures and other nervous- lash was led by a “parents movement,” 32 CURRENT system disorders. As information which later morphed into the influ- about marijuana’s reputed medicinal ential Atlanta-based anti-drug lobbying benefits spread, sick Americans began group, National Families in Action. SITUATION being arrested for marijuana posses- Frustrated in their efforts at the fed- sion and public pressure led numer- eral level, advocates of legalizing mari- ous states, beginning with New Mex- juana turned to the states. Since 1973, ico in 1978, to recognize marijuana’s 12 states have enacted laws in some way Research Efforts medicinal value. decriminalizing marijuana. All call for no But the laws were largely symbol- jail time for simple marijuana possession. lthough some states and cities ic because possession of marijuana — In the early 1980s, the state/federal A have loosened restrictions on med- still a Schedule I drug — remained a Investigational New Drug program (IND) ical marijuana and possession of small federal crime. In 1986, the DEA final- was launched in which six states began amounts of the drug for recreational ly held public hearings on NORML’s clinical trials on the medicinal use of use, the only marijuana that is legal rescheduling request, and in 1988 Ad- marijuana — using pot grown by a fed- under federal law is grown by the Uni- ministrative Law Judge Francis L. Young eral government facility in Mississippi. versity of Mississippi for a handful of called marijuana “one of the safest In recent years, the federal gov- patients who still receive a supply under therapeutically active substances known ernment has aggressively confronted the discontinued IND program and a

138 The CQ Researcher small number of scientists conducting ment from preventing states from car- ijuana for FDA-approved research. The federally approved research. rying out their lawful authority under university had submitted the propos- And despite some popular notions the Constitution,” Hinchey says. al nearly four years earlier and only to the contrary, marijuana laws are He concedes it would be more received the DEA’s decision after fil- being widely enforced in most of the straightforward to simply pass legisla- ing suit to demand a response. (The country. More than 755,000 marijuana tion reclassifying marijuana as a Sched- DEA declined requests for comment.) arrests were made in 2003, according ule 2 drug, thus allowing doctors to “By denying the application, the DEA to the Federal Bureau of Investigation legally prescribe it, “but the leadership effectively is prohibiting research that — a number that has nearly tripled of the House will not allow that par- might eventually lead to FDA approval over the past 15 years. 38 ticular attempt to come to vote.” of cannabis as a federally authorized However, marijuana is still widely Dean, of the Community Anti-Drug prescription drug,” editorialized Cali- available. In 2001, approximately 83 mil- Coalitions of America, calls Hinchey’s fornia’s Orange County Register. “The lion Americans said they had tried mar- amendment “a propaganda campaign” decision said, in effect, that the feds ijuana at least once. 39 Moreover, a Gallup and says the FDA rather than Con- don’t approve of the medicinal use of Poll showed that three-quarters of U.S. gress should determine how best to marijuana and they will block any re- adults favor legalizing marijuana for med- deal with marijuana. search that might challenge that pre- ical use, and a recent poll conducted However, there’s a Catch-22 to that determined opinion.” 42 by AARP — a 38-million member or- argument, according to advocates for “The only producer of marijuana right ganization for people over age 50 — legalizing marijuana: They note the now is the farm at the University of found that 72 percent of Americans over FDA won’t approve a schedule change Mississippi,” says Fox of the Marijuana 45 favor allowing marijuana to be used for marijuana until studies demonstrate Policy Project. “They are the only ones for medical purposes. 40 its efficacy and relative safety, but the growing it, and they are not applying That public opinion has not been federal government controls the only for FDA approval. In order to get FDA reflected in Congress, however, which legal supplies of marijuana for research, approval you have to manufacture or has been particularly inhospitable to and isn’t allowing researchers to ob- produce the drug so that you know proposals to protect medical users of tain the marijuana they need to con- the exact makeup of the drug, then marijuana, according to Allen St. duct such studies. you test it, and then you apply for FDA Pierre, executive director of NORML. “I understand that the FDA in par- approval. There is no entity right now “The people’s house once again blind- ticular wants to have randomized clin- that can produce marijuana and do their ly did not look at this issue last year,” ical trials,” says Earleywine, of the Uni- research and apply for approval. It’s re- he says, adding that Congress has be- versity of Southern California. “That’s ally impossible.” come more closed to the idea since fine. Let us do it. But they are not let- In fact, as Fox points out, any re- President Bush was elected. ting us do it.” search with marijuana has to meet stan- “Even under [former House Speak- The federal government did approve dards that are required of no other drug er Newt] Gingrich [R-Ga.], there were one marijuana study in 1997 — a pro- research. “The federal government be- subcommittee hearings on [marijuana] ject examining the effects of smoked lieves that marijuana is so dangerous legislation,” St. Pierre says. “Yes, they marijuana, oral THC and a placebo in that medical marijuana research has to were ‘dog and pony shows’ and, yes, HIV patients — after delays of more go through a special panel for approval,” we got the crap beat out of us every than three years since it was first pro- Fox says. In addition, “You have to time. But at least we had hearings.” posed and its protocol was approved show the marijuana would be a more Rep. Maurice Hinchey, D-N.Y. has by the FDA. According to the Mari- effective treatment for a condition than routinely introduced — and plans to juana Policy Project, which helped fund other drugs out there, which is a stan- reintroduce in the current Congress — the two-year study, conducted by Dr. dard that is not applied to any other an amendment to Justice Department Donald Abrams at the University of new drug proposal.” appropriations legislation that would California at San Francisco, this was The government, says Fox, “is not prohibit the use of federal funds to in- the first clinical trial in 15 years in the being honest about what it is doing.” terfere with state medical marijuana laws. United States “that would obtain any While the DEA and the FDA de- More than two-thirds of House Democ- data whatsoever on marijuana’s med- clined to comment, Murray of the Of- rats have voted in favor of the legisla- ical effectiveness.” 41 fice of National Drug Control Policy re- tion two years in a row. The so-called In December 2003, most recently, jects the charges. “There you get into Hinchey amendment “is a way to get a the government rejected a University the conspiracy theory,” he says. “The vote on it and stop the federal govern- of Massachusetts request to grow mar- argument is made that ‘marijuana is

Available online: www.thecqresearcher.com Feb. 11, 2005 139 MARIJUANA LAWS highly effective, and long since passed. In we know this, but the considering Ashcroft v. government won’t let Raich, the Supreme us prove it.’ On the Court this spring will de- other hand, they say, cide if there will be ex- ‘We need more re- ceptions to the federal search on this, but the government’s power government won’t let over state drug laws. us do it.’ On the face In oral arguments be- of it, that is wrong.” fore the court last Nov. Murray concedes 29, the federal govern- that not many med- ment said it has the ical marijuana studies power under the 1970 have been approved, Controlled Substances Act but he faults the re- to prohibit marijuana pos- searchers. “There is, in session by individuals — fact, a difficulty for even when it is allowed some researchers to and regulated under a get access to the mar- state law and even if that Getty Images/Mannie Garcia ijuana they would Opposing sides in the ongoing medical marijuana debate make their possession occurs with- like to use,” says Mur- arguments outside the U.S. Supreme Court on Nov. 29, 2004, after the out a commercial trans- ray. “The primary rea- court heard arguments in Ashcroft v. Raich. The justices are expected action or interstate com- son is that they do to decide that the federal Controlled Substance Act of 1970 can be merce having occurred. used to block state laws permitting medical marijuana. not submit protocols Congress’ authority to of research that meet NIDA’s standards rights, while conservatives argue for pass the act was based upon its con- for any drug application.” For exam- strong federal drug laws — even if stitutional power — under the so-called ple, he says, some research proposals they conflict with state laws. 43 Commerce Clause — to regulate inter- did not provide for control groups and “Drug laws should be on the na- state commerce. (The marijuana used in involved people taking multiple drugs tional level,” says CADCA’s Thau. the case was grown and consumed by simultaneously. “Otherwise, people cross state lines to individuals locally and without sales.) “These are scientific problems,” Mur- do stuff that they wouldn’t be allowed Raich’s attorney, Randy E. Barnett, ray says, “not government suppression to do in their own state.” a law professor at Boston Universi- problems.” DuPont, of the Institute for Behav- ty, told the justices that if California ior and Health, agrees, but for slightly patients grow modest amounts of mar- different reasons. “It’s a scary concept ijuana for their own use, it doesn’t to have states approve medicines,” he fall under federal jurisdiction, and any States’ Rights says. “It’s also very scary to have med- attempt by the government to en- icines approved on the basis of ballot force the Controlled Substances Act istorically, “states’ rights” has been initiatives. This is not a good way to against them is unconstitutional. “The H a call to arms for conservatives have public policy. It’s a national issue. class of activities involved in this case and libertarians, who think the feder- There’s no question about it.” are non-economic and wholly in- al government, for the most part, should Fox of the Marijuana Policy Project, trastate,” Barnett told the justices. 44 not be telling the states what to do. however, says states should be free to The Supreme Court has ruled in the “We have a variety of different [state] establish their own policies on marijua- past that non-commercial activities that systems,” the Cato Institute’s Boaz na, whether that means legalizing it or significantly affect interstate markets can says. “Sometimes we decide that we banning it — although he thinks ban- be governed by federal law. And the have different cultural views here in ning it would be a mistake because it federal government claims in Ashcroft Utah than they have in California. So would increase organized crime. “But the v. Raich that it must have the power we have different rules.” states should be allowed to experiment.” to regulate all use of marijuana if it is But when it comes to marijuana The Framers of the Constitution ex- to control the interstate market in the laws, those who favor liberalization pected the federal government to have drug. find themselves on the side of states’ very limited powers, but that point has Continued on p. 142

140 The CQ Researcher At Issue:

ShouldYes marijuana laws be relaxed?

PAUL ARMENTANO ROBERT L. DUPONT, M.D. SENIOR POLICY ANALYST, THE NORML PRESIDENT, INSTITUTE FOR BEHAVIOR AND FOUNDATION HEALTH; FORMER DIRECTOR, NATIONAL INSTITUTE ON DRUG ABUSE (NIDA), AND WHITE HOUSE WRITTEN FOR THE CQ RESEARCHER, FEBRUARY 2005 DRUG CZAR FOR PRESIDENTS NIXON AND FORD WRITTEN FOR THE CQ RESEARCHER, FEBRUARY 2005 cott Bryant had just settled down to watch TV with his 7-year-old son on the night of April 17, 1995, when 13 Wisconsin sheriff’s deputies burst through his front door arijuana is a dangerous drug that is prohibited not s only in the United States but throughout almost looking for marijuana. Bryant, 29, who was unarmed, was shot and killed as his young son helplessly looked on. Police seized m all of the rest of the world — for sound public less than three grams of marijuana in the no-knock raid. On re- health reasons. view, the county district attorney ruled that the shooting was First, let’s dispense with the myth that many marijuana users “not in any way justified.” end up in prison. Under the Controlled Substances Act of 1970, Scott Bryant was a victim — not of marijuana, but of mari- only possession of marijuana with intent to sell is a felony. Fed- juana prohibition. During the past decade, more than 6.5 mil- eral prosecution for marijuana possession is limited to major drug lion Americans have been arrested on marijuana charges, traffickers. Thus, in 2001 only 2.3 percent of defendants sen- more than the entire combined populations of Alaska, tenced in federal court for a marijuana offense were sentenced Delaware, the District of Columbia, Montana, North Dakota, for simple possession — 186 people. In state prisons in 2002, South Dakota, Vermont and Wyoming. As in Bryant’s case, only 8,400 prisoners (about 0.7 percent of the total prison popu- nearly 90 percent of these arrests were for the simple posses- lation of 1.2 million) were serving time for possession marijuana, sion of marijuanayes for personal use, not for cultivation or sale. and only half ofno those were incarcerated for a first offense. Annually, state and local justice for marijuana arrests are Prison is not a realistic risk for American marijuana users unless now estimated to cost $7.6 billion, or approximately $10,400 they also are drug sellers. Drug trafficking, including the sale of per arrest. However, despite this massive expenditure and the marijuana, is a serious crime deserving of stiff punishments. threat of arrest, approximately 80 million Americans, including The collective national judgment about marijuana is ex- former President Bill Clinton and former House Speaker Newt pressed in the nation’s democratically enacted laws. Like Gingrich, self-identify as having used marijuana at some point speeding, drunken driving, smoking cigarettes in elevators and in their lives. Nearly 15 million Americans admit to being cur- failing to buckle your seat belt in a car, possessing and selling rent users of cannabis. It is time for America’s marijuana laws marijuana are prohibited in order to protect the public health. to reflect this reality, not deny it. Moreover, marijuana use is dangerous. MayoClinic.com re- Critics of liberalizing America’s marijuana laws argue that ported that marijuana use reduces memory, inhibits driving marijuana isn’t a “harmless” substance. They’re correct; mari- ability, limits attention span, increases the risk of schizophre- juana isn’t harmless. In fact, no substance is, including those nia, generates paranoia, anxiety and panic attacks and causes that are legal. However, as acknowledged by a study in the breathing trouble. That same report stated, “Burning marijuana current issue of Current Opinion in Pharmacology, “Overall, smoke contains higher amounts of some cancer-causing chem- by comparison with other drugs used mainly for ‘recreation- ical than does tobacco smoke. Smoking marijuana increases al’ purposes, cannabis [is] rated to be a relatively safe drug.” your risk of cancer of the mouth, larynx and lungs.” Indeed, by far the greatest danger to health posed by the The risk of arrest and a fine — but not prison — for the adult use of cannabis stems from a criminal arrest and in- possession of marijuana is real but small. The health risk from carceration. using marijuana is also real but by no means small. For Ameri- Speaking before Congress on the 40th anniversary of mari- can youth, marijuana use leads to more drug-abuse treatment juana prohibition, Aug. 2, 1977, former President Jimmy Carter than all other drugs and alcohol combined. It also leads to stated: “Penalties against drug use should not be more damag- more than 100,000 emergency room episodes per year. ing to an individual than use of the drug itself. Nowhere is The ongoing debate over marijuana laws is healthy. When this more clear than in the laws against the possession of all of the facts are carefully considered, I am confident that marijuana in private for personal use.” legislators across the country will see the wisdom of continu- More than 25 years later, the time has come to heed his ing to prohibit the use and sale of marijuana. The goal of this advice and to stop arresting the millions of otherwise law- legal prohibition is to reduce the levels of marijuana use and the serious harm caused by that use. abidingNo adults who use marijuana.

Available online: www.thecqresearcher.com Feb. 11, 2005 141 MARIJUANA LAWS

Continued from p. 140 “If the court holds that Congress But Barnett argued that allowing does have the power to reach non- patients to smoke homegrown mari- commercial use of medical marijuana, OUTLOOK juana won’t impact federal efforts to then it is difficult to see how there control the illegal interstate market in are any meaningful limits on Congress’ marijuana. “The federal prohibition of commerce power,” says Jonathan Adler, Supreme Court Ruling this class of activities is not essential associate professor of law and associ- — is not an essential part of a larger ate director of the Case School of Law onvinced that the federal gov- regulatory scheme that would be un- in Cleveland. C ernment opposes their efforts, dercut unless the intrastate activity were “The Controlled Substances Act advocates for liberalizing marijuana regulated,” Barnett said. was written when people had for- laws have increasingly turned to the Rep. Mark E. Souder, R-Ill., and sev- gotten that Congress has limited and states and the courts. eral of his colleagues disagree. In a brief enumerated powers. That’s part of “The reality is this Congress is not to the Supreme Court they argued: “Per- what creates this problem,” Adler ex- going to pass medical marijuana leg- mitting even the limited marijuana cul- plains. “Now the courts have to con- islation,” says St. Pierre of NORML. “It tivation and distribution allegedly at issue front what Congress did.” The act leaves us the courts. It leaves us in this case would undermine drug reg- also bumped up against what has [statewide voter] initiatives.” That’s a ulations by (1) giving drug traffickers a traditionally been the realm of the shame, he says, since the issue really new strategy to evade arrest; (2) creat- states: regulation of medical treat- belongs in the legislature. “Legislators ing geographic ‘safe havens’ for drug ment, he says. are supposed to do things responsi- dealers to base their operations; (3) in- Trevor Morrison, an assistant pro- bly. I think that they have so terribly creasing the risk of diversion from ‘med- fessor of law at Cornell University, punted this issue.” ical’ use to purely recreational traffick- agrees. “In some ways, Raich is kind Rep. Frank agrees that prospects for ing; (4) increasing the supply and of a reckoning point for the court since the near term are dim. “If we had a lowering the price of marijuana; and (5) it started to establish the new limits on Democratic House, we might be able potentially increasing the demand for Congress in the mid-1990s,” Morrison to move it,” he says, “But not with a the drug through reduced public per- says. “I guess a question like this has Republican House.” ception of marijuana’s harms.” been inevitable. The question is just The next major development is However, fear that the federal gov- how robust to make these new limits. likely to be a Supreme Court decision ernment might, under the authority of The court has articulated a concern that in Ashcroft v. Raich, and most court the Commerce Clause, regulate even it needs to impose limits on legislative watchers think the court’s ruling will non-economic activities within the states authority in order to ensure that there favor the government. raises concerns even among parties continues to be some kind of division “The federal government will prob- who don’t support medical marijuana. between federal power and state power.” ably win,” says Adler of the Case School The state of Alabama, for example, The California Medical Association of Law. “And my guess is they’ll win filed an amicus brief in support of (CMA) is pretty clear about where it with an opinion saying that when it Raich, even though Alabama does not believes the line should be drawn with comes to a commodity, forcing the have medical marijuana laws. respect to doctor-patient issues. federal government to distinguish be- “The question presented here is “Although the federal government tween that which is commercial and not whether vigorous enforcement of has a significant role to play in en- that which is not is not a reasonable the nation’s drug laws is good crim- suring that manufacturers who claim line. Since marijuana is a commodity, inal policy,” Alabama’s brief said. “It that their products will accomplish albeit an illegal one, then Congress most assuredly is. The question, rather, particular medical results are held to can regulate it.” is whether the Constitution permits a high level of accountability of effi- However, he adds, “I don’t think the federal government, under the cacy and safety, that consumer-pro- the court should do that.” guise of regulating interstate com- tection role has never justified inter- While Cornell’s Morrison agrees merce, to criminalize the purely local fering with a specific doctor’s that the court likely will rule for the possession of marijuana for person- recommendation to a specific patient government, he cautions, “this court al medicinal use. It does not.” The about how best to treat or help alle- can sometimes be unpredictable.” It’s brief also noted that California’s law viate a particular condition,” said the true, he says, that “moderate conser- would not have a negative impact amicus brief submitted to the 9th Cir- vatives on the court who are some- on Alabama. cuit court by the CMA. 45 times suspicious of federal power may

142 The CQ Researcher be inclined to think that illegal drugs eration of Americans who do not 9 L.D. Johnston, et al., “Overall teen drug are a sufficiently profound problem know the difference between mari- use continues gradual decline; but use of in- and a problem needing a national so- juana and heroin is no longer such a halants rises,” University of Michigan News lution, and they may be prepared to big proportion of the population. and Information Services, Dec. 21, 2004; defer to Congress here more readily.” “Meanwhile, roughly 50 percent of www.monitoringthefuture.org. 10 But he also notes there are forces all Americans between ages 16 and Ibid. 11 “New Research Study in JAMA Shows Adult pushing in the other direction: “The 50-something have tried marijuana at Marijuana Abuse and Dependence Increased court has articulated a concern that it least once.” During 1990s,” NIDA press release, May 4, needs to impose limits on legislative 2004, www.nida.nih.gov/Newsroom/04/nr5- authority in order to ensure that there 4.html. continues to be some kind of division Notes 12 There are two exceptions. A handful of between federal power and state patients continues to receive federally pro- power.” vided marijuana under a program managed Some experts say that the medical 1 Evelyn Nieves, “‘I Really Consider Cannabis by NIDA that was discontinued in 1992. And marijuana issue may soon change dra- My Miracle’: Patients Fight to Keep Drug of a small number of researchers have been matically in any case, thanks to the Last Resort,” The Washington Post, Jan. 1, able to obtain federally grown marijuana for impending introduction of cannabis- 2005, p. A3. research studies. 2 Testimony before House Government Re- 13 John A. Benson Jr., et al., eds., Marijua- based drugs such as Sativex. form Subcommittee on Criminal Justice, na and Medicine: Assessing the Science Base, Medically effective pharmaceutical Drug Policy and Human Resources, April 1, Institute of Medicine, 1999. versions of marijuana could, says Fox 2004. 14 Council on Scientific Affairs, American of the Marijuana Policy Project, have 3 Barbara Opall-Rome, “Israel tests pot’s ef- Medical Association, “Report 6,” 2001 AMA widespread impact. “On the one fect on trauma from war,” Air Force Times, annual meeting. hand, it could make it more difficult Sept. 6, 2004, p. 23. 15. Benson, op. cit. to pass new state medical marijuana 4 See National Institute on Drug Abuse 16 Ibid., DEA. laws,” he notes, “because legislators (NIDA) Info Facts, “Marijuana,” at 17 DEA, op. cit. may say you don’t need to grow it www.nida.nih.gov/Infofax/marijuana.html. 18 Benson, op. cit. 19 yourself since you can buy it at the Also see “Exposing the Myth of Medical Mar- Statement of Claudia Jensen before Com- pharmacy.” ijuana,” U.S. Drug Enforcement Administra- mittee on House Government Reform Sub- tion (DEA), www.usdoj.gov/dea/ongoing/mar- committee on Criminal Justice, Drug Policy At the same time, he says, if mar- ijuanap.html. and Human Resources, April 1, 2003. ijuana is acknowledged as a medicine, 5 Ibid, DEA. 20 The New England Journal of Medicine, op. cit. the obvious question would be: Does 6 Christopher S. Wren, “Small but Forceful 21 www.norml.org/index.cfm?Group_ID=3476. it make sense to arrest people who Coalition Works to Counter U.S. War on Drugs,” 22 “Deglamorizing cannabis,” The Lancet, Vol. are using the same thing but growing The New York Times, Jan. 2, 2000, p. A1. 346, No. 8985, Nov. 11, 1995, p. 1241. it themselves? Homegrown marijuana 7 The New England Journal of Medicine, Jan. 23 For background, see Kathy Koch, “Med- is likely to be much cheaper than 30, 1997, pp. 366-367. ical Marijuana,” The CQ Researcher, Aug. 20, pharmaceutical versions, and Fox says 8 Amicus curiae brief submitted by the Cal- 1999, pp. 705-728. that for some people the smoked va- ifornia Medical Association. Appeal from order 24 Benson, op. cit., p. 6. 25 riety works better. modifying injunction by the U.S. District Court, Testimony of Scott Ehlers before Sub- “I would expect that the pharma- Case No. C 98-0088 CRB. Jan. 11, 2000. committee on Criminal Justice, Drug Policy, ceutical companies would want to be against any law that made marijuana About the Author legal to be used if you grow it your- self,” Fox adds. Patrick Marshall, a freelance writer in Bainbridge Island, Nadelmann, of the Drug Policy Al- Wash., is reviews editor of Federal Computer Week and liance, is convinced that, despite set- a technology columnist for the Seattle Times. He holds a backs in Congress and the courts, mar- B.S. in anthropology from the University of California, ijuana eventually will be available to Santa Cruz, and an M.A. in international relations from adult Americans. “The positive part of the Fletcher School of Law and Diplomacy at Tufts Uni- the story is that the numbers are trend- versity. His recent reports for CQ Researcher include “Ad- ing our way,” he says. “The genera- vertising Overload,” “Policing the Borders” and “Three- tion of Americans who came of age Strikes Laws.” before the ’60s is dying out. The gen-

Available online: www.thecqresearcher.com Feb. 11, 2005 143 MARIJUANA LAWS

and Human Resources Hearing on “Drug Le- galization, Criminalization, and Harm Reduc- tion,” June 16, 1999. FOR MORE INFORMATION 26 Ethan Nadelmann, “An End to Marijuana Americans for Safe Access, 1678 Shattuck Ave., Suite 317, Berkeley, CA 94709; Prohibition: The Drive to Legalize Picks Up,” (888) 929-4367; www.safeaccessnow.org. Advocates “safe, legal access to marijua- National Review, July 12, 2004, p. 4. na for all who are helped by it” and provides legal training for lawyers and pa- 27 Mary Lynn Mathre, ed., Cannabis in Med- tients as well as medical information for doctors and patients. ical Practice (1997), pp. 35-36. 28 Mitch Earleywine, Understanding Mari- Canadian Foundation for Drug Policy, 70 MacDonald St., Ottawa, Ontario, juana: A New Look at the Scientific Evidence Canada K2P 1H6; (613) 236-1027; www.cfdp.ca. Supports reforming drug policies (2002), p. 23. “to make them more effective and humane.” 29 Koch, op. cit. 30 Ibid. Common Sense for Drug Policy, 3220 N St., N.W., Suite 141, Washington, DC 31 “Marihuana: A Signal of Misunderstanding,” 20007; (202) 299-9780; www.csdp.org. Advocates the “regulation and control of National Commission on Marihuana and Drug marijuana in a manner similar to alcohol and clear federal guidelines for the Abuse, 1972, http://www.druglibrary.org/ schaf- practice of pain management.” fer/library/studies/nc/ncmenu.htm. 32 Koch, op. cit. Community Anti-Drug Coalitions of America, 625 Slaters Lane, Suite 300, 33 Cited in R.C. Randall, ed., Marijuana, Alexandria, VA 22314; (800) 542-2322; www.cadca.org. Seeks “to create safe, Medicine and the Law, Vol. II (1989), p. 445. healthy and drug-free communities” by eliminating drug use among children. 34 Docket No. 86-22, Opinion and Recom- mended Ruling, Findings of Fact, Conclusions Drug Enforcement Administration, 2401 Jefferson Davis Highway, Alexandria, of Law and Decision of Administrative Law VA 22301; (202) 307-7977; www.usdoj.gov/dea/. Enforces the nation’s controlled- Judge Francis L. Young, Sept. 6, 1988, p. 34. substances laws. 35 Koch, op. cit. 36 The citation is 532 U.S. 483 (2001). Drug Free America Foundation, P.O. Box 11298, St. Petersburg, FL 33733-1298; 37 The 9th Circuit’s decision is Conant v. (727) 828-0211; www.dfaf.org. Opposes efforts to legalize or decriminalize illicit drugs. McCaffrey, 309 U.S. F3d 629 (Oct. 29, 2002); the government’s petition for certiorari was Drug Policy Alliance, 70 West 36th St., 16th Floor, New York, NY 10018; filed under the name Walter v. Conant, 03- www.drugpolicy.org. Created by the merger of the Drug Policy Foundation and 40; the court denied certiorari on Oct. 14, Lindesmith Center, works to “promote alternatives to the war on drugs based on 2003; a transcript of arguments before U.S. science, compassion, health and human rights.” Supreme Court, Nov. 29, 2004, is at www.supremecourtus.gov. Institute for Behavior and Health, 6191 Executive Blvd., Rockville, MD 20852; 38 “Crime in the United States: 2003,” Federal (301) 231-9010; www.ibhinc.org. Works to improve drug-abuse treatment pro- grams and encourage student drug testing. Bureau of Investigation. 39 Summary of findings from the 1999 “Na- tional Household Survey on Drug Abuse,” De- Marijuana Policy Project, P.O. Box 77492, Washington, DC 20013; (202) 462- 5747; www.mpp.org. Lobbies for liberalization of marijuana laws. partment of Health and Human Services, 2000. 40 “AARP Poll Shows Most Support Legaliz- ing Medicinal Marijuana,” The Associated Press, National Families in Action, 2957 Clairmont Road, N.E., Suite 150, Atlanta, GA 30329; (404) 248-9676; www.nationalfamilies.org/about.html. A nonprofit drug-pre- Dec. 19, 2004. vention organization made up of parent volunteers. 41 Available at www.mpp.org/archive/abrams 98.html. 42 National Institute on Drug Abuse, 6001 Executive Blvd., Suite 5213, Bethesda, Orange County Register, Dec. 23, 2004. MD 20892-9561; (301) 443-1124; http://www.nida.nih.gov/. Part of the National In- 43 For background, see Kenneth Jost, “The stitutes of Health, NIDA seeks “to lead the nation in bringing the power of sci- States and Federalism,” The CQ Researcher, ence to bear on drug abuse and addiction.” Sept. 13, 1996, pp. 793-816. 44 Argument before U.S. Supreme Court, Nov. National Organization for the Reform of Marijuana Laws, 1600 K St., N.W., 29, 2004, No. 03-1454. Suite 501, Washington DC 20006-2832; (202) 483-5500; www.norml.org. NORML is a 45 Amicus brief of the California Medical As- leading advocate for legalization of marijuana. sociation and the California Nurses Associa- tion in Support of Plaintiffs-Appellants Angel Office of National Drug Control Policy, 750 17th St., N.W., Washington, DC 20503; McClary Raich and Diane Monson, On Ap- (202) 395-6700; www.whitehousedrugpolicy.gov/. The ONDCP establishes policies peal from the United States District Court for and priorities for federal drug control efforts and seeks to ensure cooperation among the Northern District of California, Case No. federal, state and local entities involved with drug policies. C02-4872MJJ, March 5, 2003.

144 The CQ Researcher Bibliography Selected Sources

Books alleviating suffering by prescribing marijuana for seriously ill patients is misguided, heavy-handed, and inhumane. Mari- Benson, John A. Jr., et al., eds., “Marijuana As Medicine: juana may have long-term adverse effects and its use may Assessing the Science Base,” National Academy Press, presage serious addictions, but neither long-term side effects March 1999. nor addiction is a relevant issue in such patients.” Advocates and critics of medical marijuana alike cite this 267- page report as support for their arguments. While Institute of Nadelmann, Ethan A., “An End to Marijuana Prohibition: Medicine researchers indicated that the toxicity of marijuana The Drive to Legalize Picks Up,” National Review, July smoke limited its role as a medicine, they said compounds in 12, 2004. marijuana apparently offer some medicinal value. The report The founder and executive director of the Drug Policy Al- recommends more research, especially directed toward devel- liance summarizes recent efforts to legalize marijuana, back- oping pharmaceuticals derived from marijuana. ing up his argument for legalization with considerable doc- umentation. A follow-up debate between Nadelmann and Earleywine, Mitch, Understanding Marijuana: A New Look John Walters, head of the Office of National Drug Control at the Scientific Evidence, Oxford University Press, 2002. Policy, appeared in the Sept. 27, 2004, issue. An associate professor of clinical science at the University of Southern California provides a balanced, detailed and Schlosser, Eric, “Marijuana and the Law,” The Atlantic easy-to-understand look at the medical, legal and political Monthly, September 1994. issues surrounding marijuana. Journalist Schlosser argues that federal marijuana policies calling for prison time end up ruining lives and are, in many Husak, Douglas, Legalize This! The Case for Decriminal- cases, not appropriate to the crime. izing Drugs, Verso, 2002. A professor of philosophy and law at Rutgers University Reports and Studies argues that criminalizing marijuana and other drugs fosters corruption and organized crime and that public resources “2003 National Household Survey,” Department of would be better directed at education and treatment. Health and Human Services, Substance Abuse and Men- tal Health Services Administration, Office of Applied Stud- Iversen, Leslie L., The Science of Marijuana, Oxford Uni- ies, 2004. versity Press, 2000. This annual report provides a wealth of survey data on A professor of pharmacology at the University of Oxford Americans’ use of illegal drugs, as well as alcohol and to- examines marijuana’s medicinal potential, possible toxic ef- bacco. The report contains data collected from interviews fects and use as a recreational drug. with 70,000 individuals ages 12 and older. This most recent edition contains data collected in 2001. Zimmer, Lynn, and John P. Morgan, Marijuana Myths/Marijuana Facts, The Lindesmith Center, 1997. Abraham, Manja D., et al., “Licit and Illicit Drug Use in Zimmer, an emeritus associate professor of sociology at the Amsterdam III: Developments in Drug Use 1987-1997,” City University of New York, and Morgan, emeritus profes- Centre for Drug Research (CEDRO), University of Amster- sor of pharmacology at the university’s medical school, de- dam, 2000. bunk 20 so-called myths about marijuana and its purported The CEDRO report is the Dutch equivalent of the Nation- impact on memory, crime and pregnancy. The Lindesmith al Household Survey in the United States and is a must read Center is now part of the Drug Policy Alliance, which ad- for any policy makers or analysts considering decriminaliz- vocates reform of marijuana laws. ing marijuana.

Articles “Marijuana: Early Experiences with Four States’ Laws That Allow Use for Medical Purposes,” Report to the Kassirer, Jerome P., “Federal Foolishness and Marijua- Chairman, Subcommittee on Criminal Justice, Drug Pol- na,” The New England Journal of Medicine, Jan. 30, 1997, icy and Human Resources, Committee on Government p. 366. Reform, U.S. House of Representatives, November 2002, The prestigious journal comes out strongly in favor of le- GAO-03-189. galizing medical marijuana in a groundbreaking editorial, de- A congressional subcommittee describes in detail the med- claring that “a federal policy that prohibits physicians from ical marijuana programs in four states.

Available online: www.thecqresearcher.com Feb. 11, 2005 145 The Next Step: Additional Articles from Current Periodicals

California law enforcement officials are pressing for laws that target drugged driving. Bailey, Eric, “Taking a Leaf From ‘Pot Docs,’” Los Angeles Times, Nov. 6, 2004, p. A1. Marijuana Legislation About 15 California physicians can claim credit for nearly half the estimated 100,000 marijuana recommendations is- Bailey, Eric, “Groups on Both Sides Oppose Marijuana sued in the eight years since California approved medical Bill,” Los Angeles Times, Sept. 27, 2003, p. B1. use of the drug. A California bill that would limit the amount of pot patients could possess to six plants or a half-pound has run into op- Egelko, Bob, “Medical Pot Law Gains Acceptance,” The position from two groups on polar sides of the issue. San Francisco Chronicle, Jan. 30, 2004, p. A1. Almost 75 percent of California residents now favor Propo- Black, Lisa, “City May Follow Suburbs’ Lead on Pot,” sition 215, legal protections for patients who use marijuana Chicago Tribune, Nov. 1, 2004, News Section, p. 1. to cope with illnesses, compared with 56 percent who ap- Chicago officials consider ticketing people caught with small proved it on the ballot in 1996. amounts of marijuana instead of arresting them, a tactic that many Chicago suburbs have employed for decades. Haldane, David, “O.C. Clinic Sees Pot as a Valid Treat- ment,” Los Angeles Times, Feb. 17, 2004, p. B1. Hamilton, Anita, “Canada’s Relaxed Drug Laws May Be Two Southern California doctors open a strip mall med- Fueling a Boom in Marijuana Exports to America,” Time, ical practice devoted to recommending medical marijuana Aug. 23, 2004, p. 36. to patients, opening themselves to what they contend is po- The cross-border traffic of illegal drugs has become one of the lice harassment and an array of challenges that they say toughest areas of disagreement between the United States and have plagued many colleagues. Canada. About 90 percent of the estimated 800 to 2,000 tons of marijuana grown in Canada each year winds up in the U.S. Nieves, Evelyn, “‘I Really Consider Cannabis My Miracle,’ Patients Fight to Keep Drug of Last Resort,” The Wash- Tizon, Tomas Alex, “Alaskans to Vote on Measure to ington Post, Jan. 1, 2005, p. A3. Decriminalize Marijuana,” Los Angeles Times, Oct. 30, In California, where marijuana is legal for the seriously ill 2004, p. A11. or dying, about 100,000 chronically sick people use the drug, An Alaskan ballot measure would make it legal for those 21 but the federal government considers all marijuana a dan- and older to grow, use or distribute marijuana and allow the gerous controlled substance and all patients using marijua- government to regulate sales becomes more controversial after na illegal drug users. a teen is charged with killing his stepmother while stoned. Dangers of Marijuana Medicinal Properties

Carey, Benedict, “Marijuana Use Is Pushing Teens Into Bailey, Eric, “British Firm Holds Hope for Users of Med- Treatment,” Los Angeles Times, April 26, 2004, p. F1. ical Pot,” Los Angeles Times, Feb. 1, 2004, p. B1. Use of the high-potency marijuana now widely available in Geoffrey Guy and his British pharmaceutical company are cities and some small towns is, by far, the most common rea- poised to release a prescription drug named Sativex con- son that children 12 to 17 are placed in licensed public or tained in a tiny spray bottle, and the Bush administration is private treatment centers, according to government statistics. privately voicing a cautious interest in the medication.

Jones, Charisse, “Senior Drug Addicts Increasing,” USA Kohn, David, “Researchers Find Drug High a Potent Field Today, Jan. 21, 2005, p. 3A. of Inquiry,” The Baltimore Sun, Nov. 1, 2004, p. 1A. As the elderly population continues to grow and Baby Boomers A decade ago, scientific studies of cannabis drew snickers move into their senior years, the number of older adults who and jokes, but now many scientists think marijuana-like drugs abuse drugs is increasing, largely because Baby Boomers em- might be able to treat a wide range of diseases, far beyond braced more casual attitudes about marijuana and other drugs. nausea and chronic pain and including Lou Gehrig’s disease and Parkinson’s. Leinwand, Donna, “Growing Danger: Drugged Driving,” USA Today, Oct. 22, 2004, p. 1A. Weiss, Rick, “New Initiative Planned to Get Marijuana Police estimate that at least 1.5 million people drive under Curbs Eased,” The Washington Post, Oct. 4, 2004, p. A2. the influence of drugs each year — and rarely are prose- Convinced they have sound science on their side, a Califor- cuted for it — but a growing number of government and nia coalition of patients and doctors wanting easier access to

146 The CQ Researcher pot for research and patient use, plans to launch an effort to ethical responsibility to help ease the pain and other debili- get the federal government to ease restrictions on the illicit drug. tating effects of diseases like cancer, AIDS and glaucoma.

State versus Federal Law “It’s Time to Rethink and Reform Drug Laws,” The Denver Post, Sept. 5, 2004, p. E6. Desmon, Stephanie, “Medical Marijuana’s Side Effect: After nine decades of largely futile and often counter- Fear,” The Baltimore Sun, Nov. 23, 2003, p. 1A. productive efforts at drug prohibition, the time has come to Hidden legions of the chronically ill use marijuana to ease reevaluate and reform America’s drug laws, a point of view their pain, but the drug, classified legally the same way as taken even by extremely conservative sources. heroin, is not approved for any of those uses, and those who use the drug for medical purposes can be jailed. Schlosser, Eric, “Make Peace With Pot,” The New York Times, April 26, 2004, p. A2. Morrison, Patt, “There’s a Word for Some People Who Try Schlosser argues that the current war on marijuana is a monu- to Assist the Sick: Felon,” Los Angeles Times, Nov. 25, mental waste of money and a source of pointless misery for 2003, p. B3. patients who could benefit from its medicinal effects. A judge gave Scott Imler, the director of a Los Angeles medical marijuana distribution center, the lightest possible Supreme Court Arguments sentence after he was arrested for violating federal law. Greenhouse, Linda, “States’ Rights Defense Falters in Weinstein, Henry, “Medical Pot Users Win Key Ruling,” Medical Marijuana Case,” The New York Times, Nov. 30, Los Angeles Times, Dec. 17, 2003, p. A1. 2004, p. A20. People who use marijuana for medical purposes won a vic- The effort by advocates of the medical use of marijuana to tory from the 9th U.S. Circuit Court of Appeals in San Fran- link their cause to the Supreme Court’s federalism revolution cisco, which ruled they cannot be prosecuted by the federal appeared headed for failure at the court as justices expressed government as long as they obtain the drug at no charge. little inclination to view drug policy as a states’ right.

Support for Legalization Lane, Charles, “Court to Hear Marijuana Case,” The Washington Post, Nov. 29, 2004, p. A2. Abramsky, Sasha, “The Drug War Goes Up In Smoke,” The Supreme Court will hear oral arguments on whether The Nation, Aug. 18, 2003, p. 25. the Constitution permits the federal government to take action Critics of the long-fought war on drugs argue that policies against those who use homegrown marijuana for medicinal have failed to make progress toward a drug-free America reasons within states where it is legal to do so. and that the war has proved to be too expensive to sustain, creating a window of opportunity for reformers. Savage, David, “Justices Take On Medical Pot Law,” Los Angeles Times, Nov. 30, 2004, p. A1. Broadway, Bill, “Blessing Marijuana For Mercy’s Sake,” The Supreme Court confronts a dispute between California’s The Washington Post, June 26, 2004, p. B7. medical marijuana law and federal anti-drug policy, with a Several major religious denominations have joined a move- Bush administration lawyer arguing that the government’s ment to legalize the medical use of marijuana, asserting an zero-tolerance law trumps the state measure.

CITING THE CQ RESEARCHER Sample formats for citing these reports in a bibliography include the ones listed below. Preferred styles and formats vary, so please check with your instructor or professor.

MLA STYLE Jost, Kenneth. “Rethinking the Death Penalty.” The CQ Researcher 16 Nov. 2001: 945-68.

APA STYLE Jost, K. (2001, November 16). Rethinking the death penalty. The CQ Researcher, 11, 945-968.

CHICAGO STYLE Jost, Kenneth. “Rethinking the Death Penalty.” CQ Researcher, November 16, 2001, 945-968.

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