The Politics of Pot

MEDICAL MARIJUANA ACTIVISTS ARE JUST GETTING STARTED

Rep. Gregg Underheim, a Republican legislator from Oshkosh, has a lot
of support, even if it is silent.

When an issue has 65% support from the public, enacting sympathetic
legislation would seem to be a no-brainer.

And when support reaches 80% in Wisconsin, you would think that our
state representatives would be falling all over themselves to follow
the will of the people.

But when the issue concerns that legalization of marijuana for
medicinal purposes, things get complicated. On the one hand, there
are those who understand-sometimes first hand-the usefulness and
benefits of this sometimes lifesaving drug. Many of these people are
living with cancer, multiple sclerosis, HIV, glaucoma or chronic pain
or illness.

Gary Storck, a medical marijuana activist in Madison, is one of those
people. "As a small child, I found myself rapidly losing my
eyesight," Storck said. "I would pray to God that I wouldn't go
blind, and that's a horrible way to grow up. Eventually I was
diagnosed with glaucoma."

Storck found out that smoking marijuana relieved the pressure in his
eyes and in 1979 his doctor wrote him a note saying that if marijuana
were legal, he would recommend it for Storck's condition. Since then,
Storck has used it not only as part of his treatment for his
glaucoma, but also to cope with other medical problems that he's battled.

"I've been on a lot of treatments, but this is reliable without
having a lot of bad side effects," said Storck. Storck, along with
Jacki Rickert, is at the head of Is My Medicine Legal Yet? (IMMLY),
which is dedicated to educating the public about the benefits of
medical marijuana.

Opposing seriously ill people like Storck are those who are stuck in
the Reagan-era "just say no" mentality in which all drugs are
suspect, unless they are concocted and marketed by big pharmaceutical
companies. "Our national medical system relies on proven scientific
research, not popular opinion," said John Walters, President Bush's
drug czar, in a recent statement.

"The politics of this is fascinating," said Bruce Mirken of the
Washington, D.C.,-based Marijuana Policy Project (MPP). He pointed to
a nationwide Mason-Dixon poll conducted last month that showed that
65% of those surveyed would support legalized medical marijuana. He
added that a 2002 poll conducted by Chamberlin Research Consultants
in Madison showed about 80% support in Wisconsin. "It's clear that
this isn't a controversial issue for individuals, but a lot of
politicians are afraid of being seen as being soft on drugs," he
said. "But what other issue gets this high in polling?"

Mirken noted that in polls in Vermont and Rhode Island, most people
favored legalizing medical marijuana, but they didn't realize that
the majority agreed with them. Mirken concluded, "What we have is a
majority that doesn't know it's a majority. But then the elected
officials don't know that, either."

To illustrate the unpredictable political nature of this issue, the
U.S. Supreme Court decided in June that the federal government
retains its right to arrest and prosecute legal users of medical
marijuana in states with official programs. Writing in the majority
were some justices often assumed to be the more liberal ones-David
Souter, Ruth Bader Ginsburg, Steven Breyer, Antonin Scalia, Anthony
Kennedy and John Paul Stevens. The dissenters were Sandra Day
O'Connor, Clarence Thomas and Chief Justice William Rehnquist, who
was diagnosed with thyroid cancer in 2004.

The Wisconsin Idea

One elected official who does understand public sentiment is Rep.
Gregg Underheim, a Republican from Oshkosh. The chair of the
Committee on Health in the state Assembly, Underheim was diagnosed
with cancer in 2002, but didn't have to undergo chemotherapy or
radiation as part of his treatment. When he was recovering, he spoke
to other cancer patients who helped him understand why medical
marijuana benefits those who are seriously ill.

According to Underheim, marijuana has many medicinal properties.
"There are a wide array of medical uses," Underheim said. "Marijuana
more effectively deals with issues of appetite. When you are in
chemotherapy, you can become violently ill. Marijuana quells the
nausea and gives you an appetite. Also, AIDS patients are often rail
thin from all of their medications, and marijuana helps bring back
their appetite. When combined with opiates, marijuana has
pain-relieving properties, and you are able to use a lesser amount of
an opiate. There are also positive effects for those with MS and glaucoma."

Based on this evidence, Underheim introduced a bill last year that
would allow for legal, regulated use of medical marijuana in the
state. If this happens, users would be in a doctor's care, must
register with the state and could possess only a small amount of
marijuana. "Under my bill, a doctor could recommend it but not
prescribe it," Underheim said. "If a registered patient were caught
with a small amount, he or she would not be prosecuted."

Underheim plans to reintroduce similar legislation in the next few
weeks, and if passed, Wisconsin would join 10 states with legalized
programs. (See "Rhode Trip" to find out how Rhode Island is likely to
become the next state to legalize medical marijuana.)

However, Underheim's proposed bill leaves open the question of how
patients would acquire their marijuana. In his plan, there would be
no growing clubs, personal plants or sanctioned pharmacies. "I've
remained silent on acquisition," he said. "I couldn't think of any
way that would be acceptable."

The lack of access worries an activist and user like Gary Storck.
"This puts patients in a tight spot," he said. "If you grow it,
you're facing potentially a long time [in jail] if you're caught.
Besides, if you're in chemo you could be dead before you grow a crop.
Your friends or family could help you out or you could get it on the
street, but that's medicine of uncertain quality and you risk being arrested."

Sen. Tim Carpenter (D-Milwaukee) sponsored the state Senate's version
of the medical marijuana bill last year. Like many other politicians
involved in this issue, Carpenter is responding to the concerns of
those in his district on Milwaukee's South Side.

"We'd been contacted by many constituents who were HIV positive or
had cancer or leukemia," Carpenter said. "They thought that marijuana
was lifesaving medication that could help alleviate the devastating
side effects of their treatments."

Carpenter is willing to let the details of any proposed legislation
work themselves out, but said that he would support a program that
would fall under the supervision of the Department of Health and
Family Services. "I'm also willing to sit down with the attorney
general and law enforcement to talk about it from all perspectives
and get their input," he said.

He added that the public needs to voice their opinion, too. "If the
bill comes up for a public hearing, it's important that people make
their feelings known," he said. "We want to deal with this in a
humane way and alleviate people's pain and suffering."

Underheim welcomed public input, too-at both the state and national
levels. "The real battle is convincing federal legislators to change
the laws," he said.

The Federal Question

While Underheim portrayed what's playing out at the federal level as
a battlefield, medical marijuana advocates shouldn't lose hope.
Although the drug czar Walters said that the Supreme Court's decision
"marks the end of medical marijuana as a political issue," others
would say that the battle is just heating up.

Just after the decision, the U.S. House of Representatives voted on
an amendment that would stop federal raids on those who use medical
marijuana. While the measure was defeated, it showed more support
than previous versions of the proposal had gained.

Many Republicans voted in favor of it-especially those who represent
states with legalized medical marijuana programs-and all of
Wisconsin's Democratic representatives agreed. However, none of our
Republican elected officials-including James Sensenbrenner (Menomonee
Falls), Mark Green (Green Bay), Paul Ryan (Waukesha) and Tom Petri
(Fond du Lac) -dared to support this bipartisan legislation.

In addition, the States' Rights to Medical Marijuana Act, authored by
Rep. Barney Frank (D-Mass.) and co-sponsored by Rep. Tammy Baldwin
(D-Madison), was also introduced in the House. It more or less tells
the federal government to get out of a state's way if it chooses to
enact a medical marijuana law.

Nationwide, the issue will continue to crop up in individual states
and will likely put pressure on federal legislators. "This is a
classic example of an issue that's bubbling up at the state level,"
Mirken of MPP said.

While advocates frame the issue as an urgent one that will alleviate
the suffering of those who are seriously ill, the Bush administration
has a far different take on the issue. "For them, this is the sign of
the apocalypse," Mirken said. "They continue to say that there's no
benefit from using medical marijuana. But it's sort of like the
Soviet Union under Brezhnev-they're propping up a system that nobody
believes in anymore."

Advocate Gary Storck said that politicians and the public should
think about the implications of banning medicinal marijuana. "In a
nation that prides itself on being compassionate, it's extremely
cruel to withhold this medication from our most defenseless and
vulnerable," Storck said.

"Serious illness can strike at any time. Think about if that day
comes for you. You would want to have all treatment options available
to you. This ban is irrational, cruel and it's got to end."

A Dose Of Reality

The anti-medical marijuana crowd tends to argue that legal users are
zonked-out stoners who use their medical conditions as excuses to get
high, and get others high, too.

But that doesn't appear to be the case.

Marijuana's reputation as the favored drug of '60s hippies and
experimenting teenagers is still working against it today.

"Marijuana has a bad name in some quarters,"Republican state Rep.
Gregg Underheim said. "It's seen as a gateway drug for younger people."

Some say that smoking medical marijuana would lead to addiction. But
state Sen. Tim Carpenter pointed to OxyContin, a legal prescription
painkiller and a sought-after street drug, as one of the most
addictive drugs around. "But nobody said, gee, legalizing it will put
more of it out there for people to abuse," Carpenter said.

The anti-medical marijuana crowd often argues that the prescribed
cannabis can wind up in the hands of others for fun and recreation,
what's called "diversion" in medical marijuana terminology. That,
too, is a myth.

"In states where you see the medical usage of marijuana you see no
real diversion," Underheim said. "People are responsible in their use
of it and they'd be reluctant to give their medication to others."

Taking on the "stoner" stigma, medical marijuana advocate Gary Storck
said that relaxation and improved mood from smoking marijuana are
pleasant side effects, not a reason for banning it.

"As far as euphoria goes, what's so wrong with feeling good?" he
asked. "If you're sick, and this makes you feel better without a lot
of bad side effects, why not use it?"

[sidebar]

RHODE TRIP

How a Small, Heavily Catholic State Became Poised to Legalize Medical
Marijuana - And What it Means for the Rest of Us. By Ian Donnis

Coming less than 24 hours after the U.S. Supreme Court supported the
federal government's right to prosecute sick people who use
marijuana, the Rhode Island Senate's emphatic June 7 vote in support
of medical marijuana may have come as a surprise-to everyone but
Rhode Islanders.

On the surface, the tremendous 34-2 bipartisan support shown for the
medical-marijuana bill was curious. After all, Rhode Island is a
heavily Catholic state where, despite an independent streak and an
overwhelmingly Democratic General Assembly, most legislators are
social conservatives, and the popular Republican governor, Donald L.
Carcieri, strongly opposes the very concept. Then again, in the
smallest of states, where everyone, it seems, knows someone who might
benefit from medical marijuana to treat cancer, AIDS, multiple
sclerosis or some other debilitating illness, the bill's passage
makes perfect sense.

Take the case of State Representative Thomas C. Slater
(D-Providence), a 30-year veteran of the Marine Corps Reserves who
describes himself as a strong opponent of recreational marijuana use.
Slater, 64, became a highly visible proponent-the lead sponsor in the
House this session-after studying up on the subject. The issue
touches close to home for him, since he has been treated for cancer
and the disease has affected a number of people in his family.

Adds Rep. Raymond J. Sullivan Jr. (D-Coventry), "When you sit across
the table from someone who tells you they only have seven, eight or
nine months to live, and say that this is the only thing that can
help them get through the day-whether it be eating or relaxing their
muscles, whatever issue that might be-I don't know how we can look
that person in the eye and tell them that we're going to treat them
like a criminal."

The bill's success is due, at least in part, to the campaign waged
year after year by proponents such as Sen. Rhoda Perry
(D-Providence). The main Senate sponsor, Perry offered poignant
testimony of how her nephew, Edward O. Hawkins, suffered before dying
from AIDS at age 41 last year. But while Perry is an unabashed
liberal, support in recent years from groups such as the Rhode Island
Medical Society and the Rhode Island State Nurses Association, as
well as from AIDS Project Rhode Island and the local chapter of the
ACLU, reflects just how mainstream medical marijuana has become.

Ultimately, though, its success is because in this tiny state of just
over one million people, the personal tends to become political a lot
faster than it does anywhere else.

So when related legislation passed the last hurdle in the Senate on
June 28-quickly, without discussion, and on a 33-1 vote-it was as
though it were the blandest and most pedestrian of bills, in spite of
Gov. Carcieri's veto the very next day.

The Senate overrode Carcieri's veto, 28-6, on June 30, and support is
likely to remain similarly strong when the House takes up the
measure, probably within a few weeks.

Not Fade Away

Rhode Island's medical-marijuana bill would protect doctors, patients
and caregivers from state prosecution if a state-certified physician
finds that marijuana might aid a Rhode Island resident suffering from
a "chronic or debilitating" medical condition. It does not outline a
source for the marijuana, although patients with state-issued
registration cards would be able to possess up to 12 plants or 2.5
ounces of "usable marijuana" at a time. In an amendment that
bolstered legislative support, the initiative would cease on June 30,
2007, unless legislators voted to continue it.

Proponents hail what's happening in Rhode Island as a clear rebuke to
federal assertions that the states' legalization of medical marijuana
has been rendered moot. As the MPP pointed out in a statement last
week, "no authority has ever declared state medical marijuana laws
unconstitutional."

Gov. Carcieri's spokesman Jeff Neal says the governor's opposition to
medical marijuana stems from his belief that insufficient controls
exist for the production and distribution of the drug, as well as the
related concern that "illegal marijuana use could proliferate
throughout the state, and that marijuana could become much more
accessible on the streets."

The governor has also pointed to the Supreme Court's ruling in
explaining his opposition to legalizing medical marijuana in Rhode
Island. Critics, however, say Carcieri was less concerned about
diverging from national mandates when he allowed a measure legalizing
prescription-drug imports from Canada to become law in 2004, despite
a warning from the U.S. Food and Drug Administration that federal law
would trump it.

While state-sanctioned patients would have to obtain their marijuana
from an illegal source, they appear unlikely to face federal
prosecution. Anthony Pettigrew, the U.S. Drug Enforcement
Administration's spokesman in New England, said, "The DEA has never
targeted the sick and dying, but rather criminals [involved] in drug
cultivation and trafficking. We'll target major trafficking
organizations and take them apart."

Although 10 states have legalized medical marijuana-Alaska,
California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont
and Washington-moving similar initiatives forward remains a challenge
even in a place with as liberal a reputation as Massachusetts (all
but two of these states, Vermont and Hawaii, enacted their laws
through ballot initiatives, indicating that elected officials are
afraid to act on the public's wishes).

Medical marijuana may remain an uphill battle, but it's far from
settled. "I think this issue is not going to die," says Marc Genest,
a professor of political science at the University of Rhode Island.

What are the lessons of Rhode Island? Advocates invariably return to
the importance of grassroots organizing and the message of
compassion. But the larger message, Mirken says, "is that the public
is several steps ahead of Congress and the White House, at least in
terms of being willing to look at drug policy in a pragmatic,
common-sense way. A lot of people who don't like drug abuse and who
would like to see the misuse of drugs curbed are willing to look at
things with an open mind, and say that if someone with cancer or MS
can get a little bit of relief from marijuana, there's no reason that
they ought to be casualties in the war on drugs."

Printed with the permission of The Boston Phoenix.

[sidebar]

FOR MORE INFORMATION

Marijuana Policy Project (MPP)

www.mpp.org The non-profit MPP is the largest marijuana reform
organization in the country and works toward minimizing the harm
linked to marijuana.

Is My Medicine Legal Yet (IMMLY)

www.immly.org This Madison- and Mondovi-based organization is headed
by Gary Storck and Jacki Rickert and is "dedicated to furthering
access, public education and research regarding the therapeutic uses
of cannabis."

Medical Marijuana Pro And Con

www.medicalmarijuanaprocon.org This site provides a balanced,
comprehensive look at all aspects of the medical marijuana debate.

Wisconsin NORML

www.winorml.org Information about the state chapter of National
Organization for the Reform of Marijuana Law. According to their Web
site, "WI NORML supports the right of adults to use marijuana
responsibly, whether for medical or recreational purposes."

Office of National Drug Control Policy

www.whitehousedrugpolicy.gov The official word from the government.