POT RX: WILL OHIO EVER LEGALIZE MEDICAL MARIJUANA?

Nine states have passed legislation legalizing medicinal marijuana,
and the Ohio Patient Network is hoping that the Buckeye State will
soon join them. But that may be too much to ask of our
Republican-dominated state government - even as thousands of ill
Ohioans suffer.

WHAT DO YOU GET with a bong, some "sticky" and a pothead? Clouds,
of course. What do you get with a Republican-dominated state
legislature, and a governor and first lady with a slant against
illegal drug use during a presidential election year when a proposal
for an Ohio medicinal marijuana law is floated?

At best, you might get a big "maybe." Most likely, however, it will be
a big "no."

But when new legislation to legalize medical marijuana in Ohio is
actually introduced, which some expect could happen within weeks if at
all, it will be a chance for the Buckeye State to join nine other
states that permit medicinal marijuana use for persons with certain
kinds of illnesses.

Ohio medicinal marijuana proponents are currently ironing out some
details in a bill they've been drafting for more than a year. But as
the drafting of the Ohio Medicinal Marijuana Act is being completed
and readied to be introduced in the state legislature, even the bill's
proponents grudgingly acknowledge that Ohio is still a long way
politically and socially from ever getting close to a whiff of
enabling legislation that would allow those who suffer from cancer,
multiple sclerosis, AIDS and a host of other ailments, the choice to
benefit from medicinal marijuana.

THE NONPROFIT OHIO PATIENTS Network (OPN), a major advocate of the
medicinal marijuana bill, recently forwarded a draft recommendation to
Democratic State Representative Ken Carano. The Youngstown legislator
is considered by OPN to be one of a handful of politicians who would
consider introducing a bill in a state legislature where Republicans
outnumber Democrats two to one.

Not only would Carano have to deal with the large party imbalance in
the House, but he would also have to take on Bob and Hope Taft. First
Lady Hope Taft openly opposed and campaigned vigorously against the
Ohio Drug Treatment Initiative, known then as Issue 1, which would
have permitted treatment in place of incarceration in some kinds of
drug offenses. The initiative failed and drug-law reformers view the
Tafts as anti-drug zealots who would most likely crusade against a
medicinal marijuana bill, even if it would benefit thousands of ill
Ohioans. What's more, the Tafts are acknowledged to be among the
nation's leading "war on drugs" proponents, and Hope Taft's one-note
crusade has earned her an advisory position with the Office of
National of Drug Control Policy, the federal government's command
center for the so-called war.

It's probably safe to say that presenting a medicinal marijuana bill
to the Ohio Legislature in a presidential election year is like
throwing a T-bone into a room of hungry Atkins dieters. It will be
eaten and the bone gnawed and pulverized.

Carano acknowledges that the Tafts and the executive branch of the
Ohio State government, which includes other major Republican
politicians jockeying to replace Taft in 2006, would line up in
opposition to a medicinal marijuana bill.

"The executive branch is pretty much against this," says Carano, who
admits that just getting the bill into committee and thus into a
debate among Republicans and Democrats would be a big victory.

So far Carano's aides say he has been unable to recruit any
co-sponsors for the proposed bill. Although it hasn't yet been
introduced, a legislative forum is scheduled for December 2 for state
office holders who may have questions about it. That forum could spell
the difference between a medicinal marijuana bill being introduced or
being shelved.

A realist on the subject, Carano says he needs bipartisan help. "This
bill goes nowhere if I can't get some Republicans on my side," he says.

Ohio House Speaker Larry Householder, an arch Republican conservative
with designs on the governor's mansion, makes or breaks bills. Even if
a medicinal marijuana bill is introduced, he can keep it buried
forever. His office did not return multiple phone calls asking for
comment. Carano believes there are a number of moderate Republicans
who may be willing to listen about the bill, but the issue is, can
they be convinced to co-sponsor it?

JIM WHITE, OPN VICE PRESIDENT and the bill's principal author, says
the most challenging obstacle to medicinal marijuana reform in Ohio is
an obvious but potentially insurmountable hurdle.

"Politicians are scared that if they show any compassion towards the
medical use (of marijuana) that their opponents will label them 'soft
on drugs'," says White, a 30-something father of two and
computer-repair technician from Toledo.

"Our biggest obstacle is ignorance and fear," White says. "Most
people, and believe it or not, most doctors, know very little about
the medical benefits of cannabis. And it's not that the evidence is
not there. It is."

Carano, a former teacher, stresses that in no way is he
advocating the use of marijuana for any reason but medicinal. Along
with "a strong basis of medical fact," he says his instinct is telling
him that many could benefit from medicinal marijuana.

He likens the debate to the short history of Oxycontin. There was
widespread abuse among non-patients, but thousands more now depend on
it for their quality of life. Carano says the premise of the "control"
issue is whether or not medicinal marijuana can stay within the
possession of patients and stay out of the hands of abusers.

The "control" problem has become a major contention for the opposition
- - most notably, the state's professional rehabilitation community.
They see forms of medicinal marijuana heading the way of heroin and
methadone, drugs created for medicinal applications eventually twisted
into fuel for addiction.

Some opponents of medicinal marijuana also say they have a simple
answer for why they're against medicinal pot: It isn't a cure-all for
anything.

"I'm not doing this for fun and games," Carano says. "I want an honest
debate from both sides of the argument." He says he's currently being
"bombarded" with information, both pro and con, about medicinal
marijuana use.

Nevertheless, overshadowing any initiative seeking to relax any state
drug law is the Governor Taft's office's slant against illegal buzzes.
Take the recent confusion over the proposed medicinal marijuana bill.

Carano, along with others, has been priming the bill for potential
debate. In fact, Carano recently suggested to statehouse reporters
that the bill's only chance might lie in how it stipulates delivery of
the marijuana, or THC. Would it be in plant form or come only in the
form of a pill - Marinol, which is currently legal in Ohio.

CARANO'S IDEAS apparently caught OPN members off guard, and they
immediately corrected Carano saying that the bill needs to allow for
several delivery methods. Deirdre Zoretic, a thirtysomething Lakewood
resident and director of patient advocacy for the OPN, says many
patients found that a medicinal marijuana pill, such as Marinol,
worsened their nausea.

"That was just an idea," says Zoretic, the mother of an 8-year-old
boy. "Different patients need different methods of delivery. Whether
that's ingesting it, a rub, a mist, or a product called the 'Volcano'
(an inhaler-like apparatus available in Europe)." She adds, "I would
like to keep the smoking method open, as well."

In its three-year existence, OPN has become a formidable grass-roots
organization pushing for medicinal marijuana use in Ohio. Zoretic says
the organization has 600 members statewide and is seeking to gain the
support of what she believes is a large number of Ohio medicinal
marijuana users afraid to leave the proverbial closet.

"I honestly feel there are thousands upon thousands already treating
themselves with marijuana, and I believe many more thousands haven't
discovered the benefits of medicinal marijuana yet," she says.

Zoretic, who suffers from a debilitating disease called reflex
sympathetic dystrophy (RSD), says there are roughly 200 documented
medical applications for marijuana. They include relieving chronic
pain, stimulating appetite for those undergoing chemotherapy, and
easing eye pressure for glaucoma sufferers. Marijuana also lessens the
spasms associated with RSD, and Zoretic has been using medicinal
marijuana on and off again for the last several years. She is
currently on bed rest and has lost 50 pounds due to her illness.

RSD is a chronic pain disorder involving the sympathetic nervous
system, according to a website devoted to it. It usually is the result
of an injury or trauma, but can also be a complication of surgery,
infection, casting or splitting and myocardial infarction (heart
attack). The trauma sets off the body's mechanism for pain
recognition, but then the "normal system of pain perception" begins to
misfire and an abnormal cycle of intractable pain begins. As RSD
progresses, the abnormal pain of the sympathetic nervous system has an
effect on other areas of the body and can result in total disability
as muscles, bones, skin and the autonomic immune system become involved.

What prompted Zoretic to become involved in legalizing medical
marijuana usage was that she was busted, largely by accident, for
growing and using marijuana for her RSD condition. She says that a
fire broke out in a neighbor's house in the spring of 2000. Lakewood
police burst into her house and accidentally discovered a number of
plants she grew to help her deal with the symptoms of her illness.
Because of that incident, Zoretic and her husband were convicted in
the spring of 2001 of violating state marijuana laws, but were not
sentenced to jail or probation and merely paid $500 in court costs.

She was, however, forced to stop using marijuana for a time. After
using 40 different drugs to try to help her condition, none of which
really helped, she says "the only thing that works is marijuana." She
says she has no choice but to break the law.

"I could have stopped using and watch myself waste away," she says,
"or I could break the law, go on living and raise my son."

Not surprisingly, it wouldn't be the last time "anti-drug warriors"
would push her around, both mentally and physically.

Last fall, after an Issue 1 debate at the Cleveland City Club, Zoretic
tried to offer Governor Taft a summary of a White House-commissioned
1999 Institute of Medicine report that concludes that medicinal
marijuana is beneficial for some patients. But before she could reach
the governor, the tall, slender Hope Taft grabbed the petite Zoretic
and physically held her back.

To Zoretic's surprise, Hope Taft was familiar with her and her cause.
Zoretic says before the debate, the Plain Dealer had collected
questions from area residents, and she was chosen to ask her question
via videotape by WVIZ. The Tafts, however, were allowed to preview all
the questions.

"I started to explain to her who I was and she knew," recalls Zoretic.

She says Hope Taft at least listened to what she had to say and even
offered sympathy for those seeking medicinal marijuana.

ZORETIC AND OTHER OPN members have spoken to "dozens of legislators"
who say they would "go public" with their endorsement of medicinal
marijuana if a large number of their constituents showed support.
Zoretic and White say wide public support does exist, and it's now up
to these same legislators to have a little courage.

"It's a shame because some of these patients are fighting for their
lives, while politicians fight for a spot on next year's ballot,"
White says. "But the reality is, voters are more likely to support
candidates who support medical use of cannabis."

In Athens, home of Ohio University, another proponent of medicinal
marijuana who's also felt the sting of anti-drug warriors, says Canada
and Britain are leaving their past marijuana prejudices behind because
of overwhelming evidence saying that thousands of sick people can
improve their lives by using medicinal marijuana. In both nations, a
doctor or the government can prescribe medicinal marijuana for legal
use.

Don Wirtshafter, who once ran the Ohio Hempery just outside Athens,
says he's traveled to England for months at a time during the last two
years, consulting for several pharmaceutical operations seeking to
introduce medicinal marijuana products.

"Eighty-one percent of multiple sclerosis patients in England and 96
percent in Canada said herbal cannabis is good medicine," says
Wirtshafter, adding that marijuana decreases the number and severity
of spasms in MS patients. The studies were conducted with the help of
pharmaceutical companies and multiple sclerosis groups.

"The British and Canadians are clearly in favor of medicinal
marijuana," he says.

The Ohio Hempery was once world-renowned for its cannabis wares, but
Wirtshafter was compelled to close it down two years ago after the
Drug Enforcement Agency stepped up its crackdown on the distribution
of hemp seeds and other hemp products. He's since moved his operation
to Canada.

What will become of the Ohio Medicinal Marijuana Act, and whether it
will be introduced in the Ohio legislature is still an open question.
But the fact that State Representative Ken Carano is working to find
co-sponsors so a bill can be introduced into the Legislature is a big
step in Ohio. For thousands of sick Ohioans who could benefit from the
use of legalized medical marijuana, the question is, how long can they
wait?

[sidebar]

SUPREME COURT BACKS STATES WITH MEDICINAL MARIJUANA

Medicinal marijuana proponents earned a victory in mid-October when
the U.S. Supreme Court cleared the way for state laws allowing ill
patients to smoke marijuana if a doctor recommends it. The high court
turned down the Bush administration's request to consider whether the
federal government can punish doctors for recommending or perhaps just
talking about the benefits of the drug to sick patients.

Because the Supreme Court declined to intervene, doctors in Oregon and
eight other states can continue to give patients information about
medicinal marijuana without fear that the federal government might go
after their medical licenses.

The eight other states, not including Ohio, with laws legalizing
marijuana for people with physician recommendations or prescriptions
include Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada
and Washington. In addition, 35 states have passed legislation
recognizing marijuana's medicinal value. Federal law bans the use of
pot under any circumstances. Marijuana falls into a group of drugs
considered most dangerous by the federal government.

The most recent Supreme Court ruling merely halted the courtroom
battle over medicinal marijuana. The court did not address the
legality of its use. Federal law clearly establishes that the use of
marijuana, for any reason, is illegal.

The case is Walters v. Conant, 03-40

[sidebar]

ENGLISH STUDY SAYS MARIJUANA PILL HELPS MS PATIENTS

A study published recently in a respected English medical journal says
that a marijuana pill appeared to relieve some of the symptoms of
multiple sclerosis in the first scientifically rigorous study of the
strongly debated drug.

The research, published in the first week of November in The Lancet
medical journal, found that even though improvements could not be
detected by doctors' tests, a greater proportion of patients taking
the drug reported reduced pain and muscle stiffness than those taking
fake capsules. One study leader, Dr. John Zajicek of the University of
Plymouth in England, said the research raises questions about what's
more important: a doctor's measurements or the patient's
perspective.

"I think if there's a conflict, it's what the patient feels which is
important, so I think it's quite encouraging," Roger Pertwee, a
professor of neuropharmacology at University of Aberdeen, said. He was
not connected with the study.

Multiple sclerosis, a common nervous system disease, causes a range of
chronic symptoms, including muscle stiffness and spasms, pain, tremor,
fatigue, depression and bladder problems. It is difficult to study
because the disease is unpredictable and its symptoms hard to measure.
Orthodox treatments often provide inadequate relief, so many MS
sufferers experiment with alternatives, including cannabis and its
major active components - cannabinoids.

There have been anecdotal reports of the success of cannabis in
treating MS symptoms, particularly muscle stiffness, but there has
been little scientific evidence. The study was set up to test the
theory that cannabis and cannabinoids reduce muscle stiffness and may
help alleviate other MS-related symptoms. It involved 630 multiple
sclerosis patients from around Britain. One-third received a capsule
containing whole cannabis oil; another third took one containing a
synthetic version of a cannabinoid known as tetrahydrocannabinol, or
THC. The rest got a fake capsule. Results were reported after 15 weeks
of treatment.

Fifty-seven percent of the patients taking the whole cannabis extract
said their pain had eased, compared with 50 percent on THC and 37
percent on dummy capsules. For muscle stiffness, 61 percent on
cannabis extract and 60 percent on THC reported an improvement,
compared with 46 percent on fake treatment. Patients reported improved
sleep and fewer or less intense muscle spasms. Those who could walk
showed improved walking ability.

[sidebar]

MEDICINAL MARIJUANA FACTS

a.. The medical use of marijuana enjoys wide public support
. More than 70% of respondents to recent surveys agree that marijuana
should be available medically. Sources: Pew Research Center for the People
& the Press conducted by Princeton Survey Research Associates, Feb. 14-19,
2001, and The Gallup Poll, March 19-21, 1999.

b.. Marijuana is safe . The Drug Enforcement Administration
(DEA) Administrative Law Judge, Francis L. Young stated in his 1988 ruling,
"Marijuana, in its natural form, is one of the safest therapeutically
active substances known. [The] provisions of the [Controlled Substances]
Act permit and require the transfer of marijuana from Schedule I to
Schedule II. It would be unreasonable, arbitrary and capricious for the DEA
to continue to stand between those sufferers and the benefits of this
substance." Source: In the Matter of Marijuana Rescheduling Petition. U.S.
Department of Justice, Drug Enforcement Agency, Docket #86-22, September 6,
1988, p. 57.

c.. Marijuana can be used to treat a variety of conditions .
Approved by voter initiative in 1998, the Oregon Medical Marijuana Act
allows for the use of marijuana to treat cancer, glaucoma, AIDS/HIV,
cachexia, severe pain, severe nausea, seizures (epilepsy), and persistent
muscle spasms (multiple sclerosis). Currently, more than 300 Oregon
physicians participate in this program. A blue-ribbon panel of physicians,
nurses, and patients appointed to review new indications added agitation
from Alzheimer's disease to this list in July 2000. Source: Oregon
Department of Human Services, Medical Marijuana Program,
www.ohd.hr.state.or.us/hclc/mm/

d.. Smoked marijuana is effective . Evaluation of controlled
studies conducted in six different U.S. states indicates that smoked
marijuana is 70-100 percent effective in controlling the nausea and
vomiting associated with chemotherapy and substantially outperformed the
synthetic THC capsule (Marinol") and other commonly prescribed antiemetics.
Source: Effects of Smoked Cannabis and Oral D9 -Tetrahydrocannabinol on
Nausea and Emesis after Cancer Chemotherapy: A Review of State Clinical
Trials, Journal of Cannabis Therapeutics, Vol. 1(1) 2001, p. 29. Richard E.
Musty and Rita Rossi.

e.. Marijuana is not a "gateway" drug . According to the
National Academy of Sciences Institute of Medicine, "There is no evidence
that marijuana serves as a stepping stone [to other drugs of abuse] on the
basis of its particular physiological effect. It does not appear to be a
gateway drug to the extent that it is the cause or even that it is the most
significant predictor of serious drug abuse." Source: Janet E. Joy, Stanley
J. Watson, Jr., and John A. Benson, Jr., Marijuana and Medicine: Assessing
the Science Base, Division of Neuroscience and Behavioral Research,
Institute of Medicine. Washington DC: National Academy Press. Chapter 3,
pp. 98-100. (1999)