MARIJUANA AS PAIN MEDICINE: HOUSE WILL CONSIDER BILL SOON (PART 2)

Editor's note: This is the second part of two articles on the use of
marijuana and other illicit drugs as a remedy for the symptoms of serious
illnesses. In the next few days, the state House of Representatives is
expected to consider HB 513, which would allow doctor approved support of
marijuana use by severely ill patients, as "an affirmative defense" in
criminal cases.

The medicinal use of marijuana is just one of the issues in an ever-growing
controversy surrounding drug policy reform.

Many government and religious leaders maintain that marijuana and other
illegal drugs have no place in legitimate medicine, as their use will
undermine the nation's war against drug-driven crime and corrupt the moral
fabric of our society.

Their arguments are strong, as witnessed by millions of Americans who have
abused drugs, losing control of their lives and, eventually, placing huge
financial and moral burdens on themselves, their families, and society.

But like most issues, many say that underlying values cannot be seen in
simple black and white, good or evil, terms.

HB 513 bill author Rep. Terry Keel, R-Austin, a former prosecutor and
Travis County sheriff, said his proposal would not legalize marijuana but
serve as a "careful, prudent step" to give those suffering from disease an
additional treatment.

Under the bill, which appeared to have the support of a majority of House
Jurisprudence Committee members, those arrested on marijuana possession
charges could argue in court that they were suffering from a serious
ailment. They would need a medical doctor's support. And if the court
believed their evidence, the offenders would be found not guilty.

Many doctors feel threatened by federal drug laws if they consider using
drugs on the restricted list, even if other medications have failed to
relieve severe pain or other symptoms.

Some, through a process of self-modulation, dispense prescriptions designed
to give only moderate relief at moderate thresholds, and then for only for
brief periods of time. They cite fear that the patient could be addicted to
the drug, as witnessed by the large number of post-World War II and Vietnam
veterans who came home addicted to morphine and other opiate derivatives.

For those doctors, the prospect of addiction and its accompanying moral and
physical decay is worse than any pain -- especially when the pain is borne
by the patient.

It is not only an issue of law and surveillance, it is a moral one, steeped
in conservative ethics and puritanical religious fervor.

"It's as if it is a sin to live completely pain free," says Dr. Harvey
Ginsburg, psychology professor at Southwest Texas State University, and
long-time advocate of the legalization of medicinal marijuana use. "It's as
if pain must be endured to enter the gates of heaven."

He cites some of the allegations against marijuana as laughable, especially
when considering the classic "Reefer Madness" film produced in the 1930s,
showing marijuana users as corrupting influences on a "moral" society.
"These people have brainwashed themselves into believing marijuana opens
the gates of Hell," he said. "And no matter what is said or shown to the
contrary, they refuse to listen or even concede a single inch."

Although there has been some movement by the American Medical Association
in recent years supporting loosening controls on the use of marijuana and
certain opiate-based drugs, little has been done by the federal government.

"The more people demand the use of drugs like marijuana for relief, the
more entrenched government bureaucrats and politicians become," says
Ginsburg, "They have a bunker mentality. The more the evidence shows they
are wrong, the more they affirm they are right."

Some published studies suggest that marijuana does indeed have medical
value in treating patients with serious illnesses such as AIDS, glaucoma,
cancer, multiple sclerosis, epilepsy, and chronic pain.

In 1999, the Institute of Medicine, in a comprehensive study of medical
marijuana's efficacy, concluded that, "Nausea, appetite loss, pain and
anxiety . . . all can be mitigated by marijuana."

And marijuana has been endorsed by numerous organizations, including the
AIDS Action Council, American Bar Association, American Public Health
Association, California Medical Association, National Association of
Attorneys General, and several state nurses associations.

But with all the growing support, some continue to suffer in silence.
Consider "Don," a Vietnam veteran and former prisoner of war. During his
months of captivity in the hands of the Viet Cong, he was tortured and
beaten daily -- often into unconsciousness.

Although it was a long time ago, the war and its consequences still shadow
Don's life; while its lingering physical and psychological pain defines it.
Even today, his eyes are dull, his hands tremble, and his walk is that of a
man twice his age. He looks as if he just escaped his captors. For obvious
reasons, Don doesn't want his full name revealed, preferring instead to
just relate his story so other may all learn from it.

All that can be said is that Don lives nearby in Central Texas.

Over the past 20 years, Don has been admitted to the Veterans
Administration Hospitals in Temple and Waco on at least 15 occasions. He
has undergone therapy at the Austin Veterans Administration Outpatient
Clinic, with little or no relief for his chronic pain, due in part, to
nerve damage suffered at the hands of his captors.

Since his return from captivity, he begged doctors, social workers and just
about anyone who would listen, to provide stronger pain medication, as
sometimes the pain would be so great, he would become literally paralyzed,
refusing to move for all but the most essential needs.

But they only prescribed the barest minimum, just enough to relieve his
internal torture for a few minutes, or few hours. It was never enough to
allow him to take a deep breath and live a normal life.

As a result, he would just sit and cry. He would also drink. He drank so
much he became a full blown alcoholic, eventually entering a score of
treatment programs between, and during, his normal visits to the VA. He
drank so much, that little was left for anything else after cashing his
monthly disability check. But year after year, his pain continued to get
worse. And year after year, nothing was done, because Veteran
Administration and private doctors were under strict government controls in
the dispensing of prescriptions for powerful "controlled" pain relievers.

Out of desperation, he would go to Laredo or McAllen, cross the border and
pay the equivalent of $5 per tablet, including a "doctor's examination" for
powerful prescription medication he couldn't get here at any price.

Don, like hundreds of other victims of pain in Texas, has become a
criminal. And whether he realizes it or not, Don may be the casualty of
another war.