CANNABIS IN KANSAS: A DUBIOUS DEBATE ON MARIJUANA

One tingle sends Dave Mulford rushing to his refrigerator.

Cracking the cap off an unopened bottle of G2, he quickly slams down
20 ounces. Then comes the water. He said re-hydration is key in
moments like this.

Next, Mulford fumbles toward the basement where he employs a series of
relaxation techniques he has learned over the years. He has had plenty
of practice.

If none of these methods work to subdue his spasm - if it persists or
intensifies - Mulford said he resorts to an herbal remedy on which he
has relied for the better part of two decades: marijuana.

"It doesn't stop them, but it slows them down enough to where I can
either massage them or relax them. Or, in some cases, even drink
pickle juice," he said.

Mulford, a Hutchinson, Kan., resident, said he began experiencing
severe muscle spasms in the early 1990s. Since then, he has had his
aorta replaced and has developed "very, very massive" hernias - each
resulting in intense pain. He said his ailments have baffled doctors.

"Every time I've been taken to the hospital, including those times by
ambulance, the local hospital doesn't know how to treat me," Mulford
said. "I've come very close to having a real problem at that hospital."

Mulford has tried other medications to help control his spasms and
alleviate his severe pain, but he said their side effects are simply
too dangerous. Some, he said, are heavy opiates, which turn patients
into "zombies," while others are potentially psychoactive. "I was
driving home one night and I had a hallucination that just about put
me in a ditch," Mulford said. "I had to stop that one
immediately."

Mulford said smoking marijuana is the only remedy that relieves his
pain while allowing him to function normally. However, he was quick to
point out he doesn't use the drug recreationally; it is simply too
important to him.

"I have to have it to live," he said. "I can't think of what life
would be like if there were no marijuana."

And yet, each time Mulford lights up to combat his pain he must watch
his back. Not for signs of another spasm, but because he's breaking
the law.

GRAPPLING WITH THE LAW

On Dec. 20, 1996, Mulford was arrested for possessing an ounce of
marijuana. He said it was noted throughout the proceedings that he was
medicating himself, but because of the way it was packaged - one
half-ounce and two quarter-ounces - he was also charged with intent to
sell. Mulford spent nearly two years in prison as a result of his conviction.

In Kansas, possession of any amount of marijuana is a misdemeanor and
may result in a sentence of one year in prison and a fine of up to
$2,500. Fines and penalties increase with subsequent offenses. A
charge of intent to sell is considered a felony and is punishable by
up to 51 months in jail.

Mulford said each time he turns to marijuana, he is torn between what
he knows he should do - follow the law - and what he knows he wants to
do - ease his pain.

"That's something that just ... it eats me up," he said. "You're never
fully at peace because of that."

A Kansas lawmaker is attempting to make a change.

Rep. Gail Finney, D-Wichita, introduced the 2010 KS Medical Marijuana
Act to the Kansas House on Feb. 4. Finney's bill now sits in the
Health and Human Services Committee.

If passed, the law would allow patients with "debilitating medical
conditions," such as cancer, glaucoma, HIV/AIDS and Hepatitis C, among
others, to register for a medical marijuana identification card.
Possession of the card would protect qualifying patients from
prosecution. The bill would also protect medical providers.

Fourteen states have similar medical marijuana laws on the books
already, and bills allowing marijuana use for medicinal purposes are
proposed in several others, including Missouri.

Although Finney said she has never personally used marijuana, she
became sympathetic to individuals like Mulford as a result of her own
debilitating disease, systemic lupus. She said she has met several
people who use the drug to treat a variety of ailments.

Finney described one man who began smoking marijuana to ease nausea
and pain related to his pancreatic cancer. She said he was caught with
marijuana and now faces legal battles in addition to fighting for his
life, even though he was merely trying to alleviate his symptoms.

"To me, I think we're making criminals out of a lot of our citizens,"
Finney said. "And those people are in some of the most vulnerable
positions now. I just don't think we need to penalize or criminalize
our illest citizens."

An informational hearing was held March 17 in Topeka during which 13
presenters spoke on the benefits of legalizing medicinal marijuana.
Finney said some groups, such as the Cancer Center of Kansas,
submitted written testimonies in support of the act.

Mulford also attended the hearing and spoke on behalf of the bill. He
said he would testify again if given the opportunity.

"Fact is, I'll probably be making quite a few appearances throughout
the summer and the fall," Mulford said. "We're really going to be
pushing this issue this year, hard."

QUESTIONS ABOUT MEDICINAL VALUE

In a Feb. 3 interview with the Kansas City Star, Rep. Scott Schwab,
R-Olathe, said he opposes Finney's plan.

"Let's be honest - this would be an attempt to legalize marijuana,"
Schwab said. "It has no benefit for pain management. All it does is
make you crave another bag of chips."

Results of a recent study performed by the Center for Medical Cannabis
Research, however, indicate otherwise.

The CMCR was founded at the University of California, following
passage of that state's Compassionate Use Act of 1996 and the
Medicinal Marijuana Research Act of 1999. The center sought to answer
the question: Does marijuana have therapeutic value?

After completing the first clinical trials of smoked marijuana in the
U.S. in more than two decades, the CMCR concluded: "As a result of
this program of systematic research, we now have reasonable evidence
that cannabis is a promising treatment in selected pain syndromes
caused by injury or diseases of the nervous system ... and possibly
for painful muscle spasticity due to multiple sclerosis." The CMCR
presented its findings to the California state legislature on Feb. 17,
2010.

For Mulford, the CMCR report is like vindication. He said it provides
scientific evidence, supporting what he has tried to tell doubters and
skeptics for the past 20 years -- marijuana possesses medicinal qualities.

"Finally, to have a real, blue-chip panel of people telling the rest
of the world that, 'Hey, you know, he's right. He's not lying to you;
he's telling you the truth,'" Mulford said. "It was a huge burden that
got lifted off me."

For Matthew Palmatier, who teaches a course called Drugs and Behavior
at K-State, the CMCR findings back up what he tells his students.

"One of the things I try to teach in my courses is that there are
medicinal benefits to marijuana," Palmatier said. "It does reduce
inflammation, it does stimulate appetite, it increases fat storage."

Currently in Kansas, the legal form of marijuana use is in a
delta-9-tetrahydrocannabinol (THC) pill called Marinol.

Palmatier said Marinol is not an effective medcinal treatment because
THC, which is the active chemical in marijuana, is fat-soluble. What
ends up happening, according to Palmatier, is the THC from the pill
will distribute itself into all tissues and into adipose tissue.

"So whether or not it actually gets into the blood and makes it all
the way to the target site - whether that's the brain, if you're
trying to stimulate appetite; or to the eyes, if you're trying to
treat inflammation associated with glaucoma - then you may have worse
effects," Palmatier said.

With inhalation, however, he said patients are able to tightly
regulate how much THC they ingest by titrating their smoking.

Mulford has a prescription for Marinol and he said he uses the pill so
he does not have to smoke as much marijuana when the need arises.
Mulford said he is thankful for Marinol, but the pill by itself is not
enough.

COUNTING THE NUMBERS

While the number of medical marijuana bills across the country
continues to grow, no states have opted to legalize the drug for
personal use, an option some supporters say could produce substantial
benefits.

"I'm for legalization because criminalization makes no sense and
hasn't worked," said Joe Klein, a syndicated columnist for Time
Magazine. "Legalization will relieve strain on the justice system and,
if it is controlled and appropriately taxed, could raise significant
amounts of revenue at a time when we need it.

"And there is a lot of potential revenue-producing cropland (in
Kansas)," he said.Kansas faces a budget deficit next fiscal year of
nearly a half-billion dollars according to an April 16 Topeka
Capital-Journal article titled "Kansas deficit to top $450M." A number
of states face similar budget crises.

Erin Schwartz, a 21-year-old Kansas City, Kan., resident, said she
believes regulation of marijuana, specifically through taxation, could
help states like Kansas to begin paying off massive deficits.

"The economy would most likely surplus if pot were to be legally grown
domestically and taxed," Schwartz said. "It is, after all, the
nation's number one cash crop."

Finney also said she thinks there is opportunity to make some revenue
for the state. "I think Kansas is smart enough to figure out how to
regulate this herb to where it could be to our benefit," Finney said.

With regard to the justice system, Schwartz also cited the high cost
to imprison individuals for marijuana-related charges. She said if
marijuana were legal, "it would take thousands of perfectly harmless
and innocent human beings out of incarceration."

According to "Marijuana in Kansas," a report by Dr. Jon Gettman
released on Oct. 19, 2009, the state could benefit economically from
fewer marijuana-related arrests. The report said marijuana arrests
cost Kansas about $69.41 million in 2006.

Another pressing issue looms over the Kansas justice system. In a
letter to Gov. Mark Parkinson, dated Feb. 25, the Kansas Sentencing
Commission said, "our projections indicate that the State's inmate
population will exceed available prison capacity within two years."

Finney said she is very concerned about the potential overflow
situation in Kansas's prisons. She said decriminalization would
provide a simple solution to this issue.

"There are quite a few people in our penitentiaries for possession of
marijuana," Finney said, "and I just think we need to save our bed
space for more violent criminals."

DANGERS OF THE DRUG

Since the CMCR conducted one of the first clinical trials of smoked
marijuana in the U.S., even the drug's negative effects are not fully
understood among the medical community.

According to the website of the National Institute on Drug Abuse, many
adverse health effects of marijuana use remain unsubstantiated and
speculative. These include its effects on the heart and lungs.

Smoking marijuana can increase heart rates by up to 100 percent, which
can in turn increase the risk of heart attacks in the first hour after
people use the drug, according to the website. However, the site
acknowledged that "this risk may be greater in aging populations or
those with cardiac vulnerabilities."

The website also said marijuana smoke contains a number of carcinogens
and is an irritant to the lungs.

"Marijuana smokers can have many of the same respiratory problems as
tobacco smokers, such as daily cough and phlegm production, more
frequent acute chest illness and a heightened risk of lung
infections," according to the website.

Palmatier, the K-State professor, said he is personally concerned
about the motor and cognitive deficits associated with smoking
marijuana. He said he envisions a situation in which, if legalized,
traffic fatalities would almost certainly increase.

"That's a number that you never want to go up," he said. "Even going
up by one as a result of a law is potentially a terrible thing."

He said his fear is that people who are already making poor choices
with alcohol and driving would make "really bad choices" with alcohol,
marijuana and driving. So, he said, it would compound a problem we
already face.

Taking the negative effects into consideration, Mulford said he still
believes the pros outweigh the cons.

"The benefits are just too great," he said.

A FUTILE FIGHT?

For as long as she can remember, Schwartz said she has experienced
severe depression and anger issues. In recent years, however, she said
she has noticed a significant change in her attitude toward others and
life, in general.

"I feel as though marijuana makes me appreciate everything so much
more," Schwartz said. "It can calm you down or pick you up, without
having addictive properties that even some over-the-counter drugs can
have."

Mulford said he also supports the full legalization of marijuana -
especially in Kansas. He said the state's academic institutions could
play an active role in the cultivation and medical research of marijuana.

"We've got one of the greatest agricultural schools in the country at
K-State. We've got one of the greatest medical schools in the country
a short distance up the road at KU," Mulford said. "Why not get those
schools involved in this?"

However, given the recent state ban on K2, a synthetic drug with
effects similar to marijuana, supporters acknowledge the chances of
legalizing the real thing in Kansas are slim.

"The majority of Kansans are so close-minded and conservative it's
going to be a long time before legalization will even be considered
here," Schwartz said.

Based in New York and Washington, D.C., Klein, the TIME columnist, has
a different perspective but a similar conclusion.

"I suspect hell would have to freeze over in Kansas," Klein
said.

MOVING FORWARD

So, for now, Finney said her focus remains on the medical side of the
legalization debate and "the needs of our most vulnerable citizens."

"I'm just hoping that Kansas will at least give this issue an open and
honest debate," she said. "I'm praying that it will at least have the
opportunity to be heard."

Mulford, too, remains hopeful. He said he thinks the bill has a "real
good shot next session."

"It's the best shot we've ever had," Mulford said. "Hopefully, one
year from now, we'll be waiting for the governor to sign the bill.
That would be fantastic."

In the meantime, Mulford said he has had to make certain changes as a
result of being in the public eye on this issue. He said he can no
longer store marijuana.

Having marijuana around the house would be like 'taunting the cops,'
he said. But he guaranteed that he could obtain some quickly the next
time he feels a tingle.

And though marijuana slows his spasms and soothes his pain, Mulford
said each time he lights up, there's a possibility of revisiting the
past, reliving his arrest.

"To think of having to face that again," Mulford said, "is
nightmarish."