SMOKED OUT

Federal Government Stands In The Way Of A State-Run Medical Marijuana
Distribution

The water, the lights, the seeds, the soil. The problem could be
several things.

Some patients will learn how to grow, said Claude Miller, a Nevada
medical marijuana consultant, some won't.

"There's patients who can't grow a flower," he said. "Much less
medical marijuana."

That's part of the reason he started his business. Many of the 900
patients in Nevada's program know little about the plant when they register.

But those patients, despite a provision in state law, must grow
their marijuana themselves or find a state-approved "caregiver" who
will grow it for them.

"(Marijuana) is a godsend and it really helps people," said Miller,
who supports medical marijuana only under a tightly regulated system.

Patients, however, will not be able to get the drug like other
prescriptions the state recognizes unless the federal government
changes its stance.

Following a 2000 ballot initiative, the state Legislature wrote the
constitutional amendment into law including a section that ordered
the University of Nevada School of Medicine to research marijuana
and develop a program to distribute it to patients.

The 2001 law says the Legislature understands the state's
"obligation" to research a distribution program, but also says it
must do it with the permission from the federal government.

The ballot initiative, approved by 65 percent of voters, called for
"appropriate methods for supply of the plant to patients authorized
to use it." These patients include residents diagnosed with
illnesses such as cancer, glaucoma and AIDS.

The federal government, however, rejects the opinion of the 12
states with medical marijuana programs.

"Smoked marijuana has not withstood the rigors of science,"
according to the Web site of the U.S. Drug Enforcement
Administration. "(It) is not medicine, and it is not safe."

Federal authority

Federal policy, supported by the past three presidents, has stalled
research and development of a state distribution program.

Dr. Dave Lupan, an associate dean at the state school of medicine,
said the university has made "no progress whatsoever" on the
legislature's mandate. It will stay that way at least until there is
a new president, he said.

It is unlikely the policy will change under the next administration,
though. Republican presidential candidates John McCain and Mitt
Romney do not support legalizing medical marijuana. Democratic
presidential candidates Hillary Clinton and Barack Obama are undecided.

But the university would have more problems than policy if it tried
to start a program. Not only does the federal government have no
interest in the school's research, Lupan said, the state has given
no money for it.

"It's not only a matter of bucking federal government authority," he
said, but of finding doctors to work for free.

The federal government itself has had medical marijuana evaluated
several times. A 1999 federally-commissioned study by the Institute
of Medicine reported, "the accumulated data indicates a potential
therapeutic value for cannabinoid drugs, particularly for symptoms
such as pain relief, control of nausea and vomiting and appetite stimulation."

The Federal Drug Administration, however, said in 2006 the medical
use of the drug is not supported by science.

Green and black thumbs

A change in federal policy that led to state distribution could,
according to supporters, help many patients.

Jennifer Bartlett, who manages the current state program through the
Nevada Department of Agriculture, said "there are some who can't
grow it, and it's a struggle."

She has not endorsed state distribution, however, and said many
patients have no problems growing their own marijuana or finding a caregiver.

A state program would help all patients, though, not just those who
have difficulty growing it, said Dan Hart, who managed the group
that led the medical marijuana ballot initiative.

The state could make sure the medicine was good quality, he said,
and this also would particularly help patients with a debilitating disease.

But some medical marijuana advocates, such as Chandler Laughlin,
said the state should not be involved with marijuana and that a
state-run program is a bad idea.

The Silver City resident and radio host did say many patients like
him can't grow high quality marijuana.

"I have a black thumb," he said.

Bruce Mirken, who supports marijuana legalization, said a state-run
program could make it easier for the state to both guarantee
effective use for patients and track illegal use by others.

It can't be difficult for patients to get the medicine they need
under the current program, he said.

"You could grow your own tomatoes, but if all your plants die, you
don't have a salad that day," said Mirken, a representative for the
Marijuana Policy Project, which has unsuccessfully pushed ballot
initiatives in Nevada to partially legalize marijuana.

A model program

If Nevada eventually does set up a distribution program, it probably
won't be the first state to do it.

New Mexico, which legalized medical marijuana in April, is working
on the rules its department of health would need to run a
distribution program.

This will allow patients to get the drug the way other patients get
their medicine, said Reena Szczepanski, director of the anti-drug
prohibition New Mexico Drug Policy Alliance. It would help prevent
patients from going to the black market, she said.

But New Mexico's system might not work for Nevada, because of the
state's sparsely populated areas. She said a state-run system where
the drug is distributed through pharmacies might be better for Nevada.

The federal government itself has the only active government-run
distribution program in the country. The Compassionate
Investigational New Drug program was started in 1978 and closed to
new patients by President George H.W. Bush in 1991. A few people are
still in the program, though, and they get monthly supplies of
marijuana grown at the University of Mississippi.

Miller, head of Nevada Medical Marijuana Consultants, said a
state-run distribution program could be good for Nevada, but the
state should be careful not to legalize it or regulate it the way
California does, with marijuana available at licensed clubs.

"We don't want a bunch of drug-dealing thugs in this," he said.

But Miller, who became a patient after a spine surgery, said the
drug is more safe and effective for many people who would otherwise
be prescribed pain killers. Those people, he said, deserve to have
their medicine.

Opponents, he said, don't understand the research or the state's program.

"We're not just a bunch of yahoos smoking reefer," he said.