SMOKING YOUR MEDS

An Augusta AIDS Patient Lays Out His Argument for Legalizing Medical Marijuana

AUGUSTA, GA - In September, Elizabeth Wilsey of South Augusta became
one the nation's most unusual casualties in the government's war
against marijuana and medical marijuana users.

According to news reports, 80-year-old Wilsey, a white-haired
grandmother, was a medical patient who used marijuana for relief of
severe migraine headaches. When Richmond County narcotics officers
raided her home, they found approximately one-half pound of marijuana.

They charged her with possession with intent to distribute. She
admitted selling it. Sources close to the case say the reason she had
so much on hand was because her dealer was moving out of the city, so
she stocked up, not knowing when she'd get more.

Yet, to our knowledge, she had no firearms on the premises. Wilsey
had no prior criminal record. That helps explain her relatively light
sentence of five years probation.

However, in light of the increasing number of states that have passed
compassionate-use laws for medical patients, in light of polls
showing that 75 percent of Americans believe there is a place for
medical marijuana, the Wilsey case raises the question: Why are we
using our law-enforcement resources on medical marijuana users?

It's a serious issue for people like Wilsey. And for me.

That's right. Yours truly was diagnosed with full-blown AIDS just
last year. I went from weighing 180 pounds in the beginning of 2008
to weighing less than 130 pounds in August, when I first became seriously ill.

My first HIV test was negative. But upon re-testing, the presence of
HIV-1 antibodies was discovered. In November, doctors told me my
disease had become full-blown AIDS. Though it normally takes 8-12
years for HIV to become AIDS, it would appear that it took my disease
only a matter of months. I have been sick ever since.

Because I cannot have legal access to potentially more effective (and
less addictive) medicine -- such as marijuana -- I am prescribed meds
such as hydromorphone for pain caused by golf-ball sized lymph nodes
in the sides of my neck. Hydromorphone is an opioid painkiller that
is five times the strength of morphine. It is also known by the brand
name Dilaudid. For the record, I am grateful that my doctors gave me
the relief that they could (some of them might be reading this).

But Wilsey and I both could be helped by something much cheaper and
less dangerous. I believe our pain and suffering is being compounded
by draconian drug policies. Government entities such as the DEA
continued to push their agendas without regard to people like us, or
the millions who support our option to be treated with the medication
called marijuana

California has progressed beyond any other state on the medical
marijuana front. It's one of more than a dozen states that have
passed laws allowing its use by AIDS and cancer patients, individuals
with sleep disorders and chronic pain sufferers.

Until recently, federal enforcement routinely trumped state laws,
closing down medical marijuana dispensaries, even those that were
carefully regulated by city and state laws. Some owners of these
dispensaries are still facing life sentences simply for supplying
patients with state-approved medications for which they are in dire need.

Currently, there are no alternatives to cannabis for pain, wasting
syndrome and sleep disorders that are anywhere near as effective.
Most conventional medicine being prescribed for these disorders is
also highly addictive.

Has anyone ever heard of someone breaking into vehicles to steal car
stereos in order to sell them so they can score some more pot? The
same cannot be said for dangerous drugs such morphine, hydromorphone
or oxycontin, just to name a few. Most effective sleeping medications
are also addictive, as many celebrities can attest.

On the forefront of the battle for medical marijuana lies an
organization known as NORML. NORML (National Organization to Reform
Marijuana Laws) has 135 chapters worldwide, including one at the
University of Georgia. It directed by Allen St. Pierre in Washington, D.C.

St. Pierre is a well-spoken activist who carries the air of a highly
successful businessman or lawyer. That's fitting for an organization
that lobbies at local, state, federal and international levels for
marijuana law reform.

"There are 13 states that have some sort of protection for medical
use on the books," St. Pierre said. "Most of them don't offer
marijuana at retail locations like in California and parts of
Colorado, but they do allow for possession of small amounts of the
drug and many of them even allow medical patients to cultivate it."

During the February interview, St. Pierre said Eddie Lepp and Charles
Lynch, owners of two medical marijuana dispensaries that the DEA
raided in different parts of California, were being sentenced as we
spoke. They are facing extremely long prison terms despite the fact
that the new administration has pledged to stop allocating federal
resources to circumvent state laws with respect to medical marijuana.

Not even a week after Obama was inaugurated, the DEA staged raids on
several dispensaries in what appeared to be an effort to thumb their
nose at the new president. In the very beginning of February, again,
federal agents staged raids on four additional medical marijuana
dispensaries, all of which complied with city and state laws.

This time, public outcry prompted a response from the White House.
"The president believes that federal resources should not be used to
circumvent state laws, and as he continues to appoint senior
leadership to fill out the ranks of the federal government, he
expects them to review their policies with that in mind," White House
Spokesperson Nick Shapiro told the press.

The DEA's attacks on medical marijuana in states with
compassionate-use laws officially ended on Feb. 27, when U.S.
Attorney General Eric Holder responded to questions about recent DEA
raids on medical marijuana dispensaries.

"What the president said during the campaign, you'll be surprised to
know, will be consistent with what we will be doing here in law
enforcement. He was my boss during the campaign. He is formally,
technically, and by law my boss now and so, what he said during the
campaign is now American policy," Holder said.

His announcement confirming that the government will no longer be
targeting dispensaries and medical patients protected under state
laws was a milestone for the cannabis community. Activists now expect
the introduction of new legislation for compassionate use in multiple
states. Whether or not the administration will actually reschedule
the drug is unclear, but many are looking for some sort of
legislation at the federal level to make the announcement "official."

However, that affects only the 70 million Americans who live in
states where medical marijuana is legal. There are 37 more states
with laws outlawing marijuana for all uses.

Some may be surprised to know that, at one point, legislation was
even introduced for Georgia, though it never passed. (On a personal
note, of the top 10 most AIDS-infected states, Georgia is No. 6. A
local doctor speaking under conditions of anonymity said Augusta is
the third most AIDS-infected city in the entire Southeast.)

"Most of the people I know grew up with the notion that the
punishment should fit the crime," St. Pierre of NORML says. "But in
cases like those of Elizabeth Wilsey, do they?"

He noted that it costs the government far more to investigate and
prosecute cases like this than it's worth. And for what? To arrest an
elderly woman for self-medicating?

"The fact that she only received five years probation speaks to the
fact that the laws don't enjoy the popular support necessary to be
embraced fully in this country," St Pierre said. "It would be cruel,
inhuman, a public relations disaster if they took it to the extreme.
If you're going to catch this woman dead center, I mean, if she was a
19-year-old black man caught on the side of the road would she have
gotten probation then? This undermines the morality of the law at its core."

St. Pierre went on to note that if the government really wants to
save money during these times of economic crisis, it should move to
at least decriminalize possession of small quantities of marijuana.
Nine out of 10 people arrested for marijuana are arrested with very
small quantities. Some 700,000 people are arrested each year for
simple possession. Most of these people are not dealers. They are
casual users or medical patients.

St. Pierre notes that the Southeastern United States is the worst
when it comes to laws revolving around cannabis. "These policies are
unjust, bordering on malevolent, especially when it comes to medical
marijuana."

In places like Ohio, individuals can possess up to 100 grams (almost
a quarter pound) of marijuana and receive no more than a $200 fine.
In those places, Elizabeth Wilsey's story would not have even made the news.

Though the government officially claims that it believes there is no
medical value for marijuana, they have contradicted themselves by
funding the research behind a drug called Marinol, which is synthetic
THC. THC or Delta-9-Tetrahydrocannabinol is one of the primary active
ingredients in marijuana. Marinol is prescribed to AIDS and cancer
patients for a condition called wasting syndrome, a condition I am
personally familiar with.

When a patient has wasting syndrome, they lose their appetite, become
malnourished and lose weight rapidly. This condition causes patients
to become much sicker and, in some cases, without treatment they die.
Marijuana and Marinol are the only two known substances for
effectively treating wasting.

Some of you may have heard talk of the "munchies" back in your hippie
pot-smoking days.

Active chemicals in marijuana have the unique ability to stimulate
the appetite of users by a wide margin, helping those suffering from
wasting remain well-nourished.

However, Marinol has become yet another means for government entities
and the DEA specifically to undermine the reform movement, but there
is a problem with this. Activists say there is no comparison between
Marinol and marijuana. The effects of marijuana are immediate. With
drugs like Marinol, it takes an hour to kick in.

In regards to Marinol, St. Pierre made an important point. "Cancer or
AIDS patients with nausea cannot hold it down," he said. Nausea and
vomiting are common side effects of antiretroviral medication for
AIDS patients, and chemotherapy for cancer patients. That makes
Marinol worthless.

St. Pierre said it costs between $9 and $11 per pill for Marinol.
Patients consume the drug two to three times a day. That's $30 a day,
which is more than even the inflated street prices of marijuana.
Growing marijunana yourself, of course, is almost free. Now, in
effect, patients are paying far more for a drug that is less effective.

"Marijuana has been used as a medicine for thousands of years. It
first appeared in Western medicine in the mid-19th century. Its
latest renaissance began in the 1960s with the appearance of a
trickle of letters in popular magazines (such as Playboy) of
anecdotal accounts testifying to its usefulness in the treatment of a
variety of symptoms," said Dr. Lester Grinspoon of Harvard Medical School.

At that point, he said, its illegal use as a medicine began to grow
dramatically. In 1996 California became the first state to legalize
medical marijuana and 13 other states followed suit.

"These cascading developments speak to the growing understanding that
it is a sort of wonder drug for three reasons: it is remarkably free
of toxicity, it is less expensive than the conventional medicines it
replaces, and it is remarkably versatile," Grinspoon said. "It is
currently used in the treatment of a large and growing number of
symptoms and syndromes."

Prohibitionists argue that by legalizing even medical marijuana, we'd
be giving kids the wrong idea. St. Pierre says that if those very
same people were injured in a car wreck and screaming in pain, an EMT
would inject them with an opioid painkiller (and they'd be grateful)
yet children do not think that means it is acceptable to go shoot up
heroin. There is simply no logic to it.

One of the greatest obstacles the medical marijuana reform movement
has to overcome is the idea among some conservatives and many
law-enforcement officials that medical use is simply a guise for
people who want to use recreationally. For me, nothing could be
further from the truth. The simple fact is there are scientific
studies backing the medical value of cannabis. The individuals
opposed to medical marijuana are simply unaware of the studies, or
worse, they just don't care about the well-being of the sick and dying.

In regards to medical marijuana, Richmond County Sheriff Ron Strength
has a clear view.

"It's against state law and that's the law we're going to enforce. If
the law changes then we will enforce the new law," Strength said.

"I would not advocate marijuana law reform for medical patients," he
added, citing that it would be abused.

That's true. Drugs will be abused regardless, but is that any reason
to deny medical patients the treatment they need? Currently,
marijuana is classed as a Schedule I drug along with drugs like LSD,
heroin and PCP. Schedule I drugs have no medical value according to
the DEA. They are completely illegal in the United States. Even
methamphetamine -- arguably one of the most terrible and addictive
substances currently known to society -- is classed as schedule II
and available for prescription under brand names like Desoxyn for
people with disorders such as narcolepsy.

"We don't make the laws. We just enforce them," Strength said.

Of course, we can't fault the police for doing their jobs but it is
much more complicated than that. Strength also decides where local
law enforcement's priorities lie. Do we go after meth cooks, cocaine
and crack dealers, thieves, violent criminals or grandmas
self-medicating themselves?

I admit to smoking marijuana recreationally in the past, as have 80
million other Americans, including our current president. Does that
negate the medical benefits of this drug?

Steven Hager of High Times magazine noted that even the government's
Institute of Medicine agrees that marijuana is medicine. "So did
Francis Young, the DEA administrative law judge who reviewed
marijuana's medical applications and insisted it must be rescheduled.
He was ignored. There are hundreds of disorders and diseases for
which marijuana can be a useful treatment," Hager said.

A Canadian medical patient with legal access to marijuana due to
compassionate-use laws enacted in his country of residence agreed to
be interviewed under conditions of anonymity. This medical patient
worked as a consultant for the Department of Defense just last year.
His diagnosis is Crohn's disease.

Crohn's disease is an autoimmune disorder where a victim's immune
system attacks his own body when he eats food. Crohn's disease can be
excruciatingly painful and require regular hospitalizations. The
discomfort experienced can be so extreme that victim also struggles
to keep on weight due to appetite loss caused by the pain experienced
when he ingests food.

"I get the usual Crohn's symptoms, constant pain whenever there's any
food in my body," the medical patient said. "I was prescribed adrenal
steroids, Asacol and Diazepram. Most of this stuff didn't work.
Adrenal steroids worked for a month then my body became immune to
them and they messed me up pretty bad. I put on like 40 pounds. Then
they put me on Remicade, an immune suppressor. I still get sick every
day but it's one-twentieth as bad as it used to be."

His symptoms include nausea, vomiting and extreme abdominal pain.
"There have been cases where people don't even feel any symptoms and
end up in the ER. A few hours later their stomach is open and the
doctors have five feet of completely black necrotized intestine on the table."

He reports consuming 1-3 grams of marijuana a day to treat the pain
from his disease and to improve his appetite.

Hager says marijuana can treat other diseases, too. "For glaucoma it
relieves pressure on the optic nerve and prevents blindness. For MS
it relieves pain and allows freedom of movement. For epilepsy it can
reduce seizures. Cannabis is safer than any pills. We have hundreds
of thousands who die every year from legal drugs. No one ever
overdosed on marijuana, ever."

Hager pointed out that there is even a group of law-enforcement
professionals who are marijuana law reform activists. The group is
called LEAP, which stands for Law Enforcement Against Prohibition

Drugs like oxycontin, dilaudid, morphine, codiene, phentermine,
xanax, valium, ativan, talwin, stadol, methadone, hydrocodone and
temazepam all have mind-altering and pleasant effects for users, yet
they can still be prescribed by doctors. As an AIDS patient, I have
personally had prescriptions for three of the above drugs within the
last 90 days. Yet I can't be prescribed marijuana.

Some believe that the question we should be asking is what a
multi-billion-dollar industry such as the pharmaceutical industry
would stand to lose if marijuana was legalized for medicinal use. The
answer is a lot, according to High Times' Hager "Marijuana is illegal
because the legal drug industry (pills, alcohol and tobacco) want it
illegal. It competes with their products. The oil companies are also
on this agenda because hemp can replace many petrochemical products,
including gasoline and plastic," Hager said.

Amid the cannabis community, some are pushing an underground weapon
for the reform movement. They call it "jury nullification." That's
when jurors return a "not guilty" verdict for a defendant in spite of
the evidence. They do that because they believe a law is unjust.

Jurors who believe a patient has a legitimate medical need for
marijuana may dismiss a case against the patient, even if that
patient was caught red-handed with a joint in his or her hand.
Prosecutors may believe that they are protected from nullification by
asking potential jurors about their beliefs ahead of time, but given
that so many millions of Americans support the medical use of
marijuana, the odds are that most juries will contain people
sympathetic to the defendant.

The courts do not want jurors to know that jury nullification is even
an option. One of Augusta's most talented attorneys, who is also a
judge, was alarmed when we brought up the subject. "It is a juror's
duty to uphold the law, not ignore it," he told us under conditions
of anonymity.

As a former prosecutor, he's troubled by the idea of spending so much
time building a case against a defendant only to have a jury dismiss it.

Defense attorneys cannot suggest jury nullification to a jury or in
front of them. "It would be ethically questionable and any lawyer
would likely get hammered by the judge at the mention of it," the
judge told us.

That's why the jury nullification movement is underground, talked
about outside the court in hopes a few jurors will become aware of
the possibility. It's talked about because the next time someone like
Elizabeth Wilsey faces marijuana charges -- and has a medical reason
for it -- that person may take the risk of facing a jury.

I'd take that risk.

The medical conditions people like Wilsey and I suffer are painful
and debilitating. In my case, it's probably fatal -- and it carries a
significant stigma. But I expose my own medical details with this in
mind: If one good thing could come from my illness, such as a change
in attitude toward medical marijuana, it's worth the risk.