MEDICAL MARIJUANA GETS ATTENTION ON BEACON HILL

While the decriminalization of marijuana rests on the backburner at the
State House, the legalization of medical marijuana recently got attention
at a March 31 Joint Health Committee meeting.

Senate Bill 676 would allow the Department of Health to use medical
marijuana on an experimental basis to treat the symptoms of certain severe
conditions such as HIV/AIDS, cancer and chronic pain.

The committee heard a variety of speakers, all of whom spoke in favor of
legalizing medical marijuana, all of whom admitted to using the drug
illegally as a part of their treatment.

While not a single senator or representative chose to question any of the
speakers, each proponent provided the legislators with a variety of
testimony and packets of information defending their cause.

Dr. Laurence McKinney of Harvard University noted the low toxicity of
marijuana, citing Judge Francis L. Young's observation in 1986 that,
"marijuana has less toxicity than eight raw potatoes." Dr. McKinney
concluded by saying, "We don't have to make history, but we should not
repeat history."

Marcy Duda, who received brain surgery after suffering from aneurisms,
followed Dr. McKinney. She noted in an emotional and passionate address how
effective marijuana has been in treating her post-surgical ailments, such
as severe migraines, intense nausea and dramatic weight loss. She stated
that while Marinol, a legal alternative to medical marijuana that contains
the active component THC suspended in sesame oil, was prescribed to her and
did work intermittently, she often regurgitated it before it took effect.

Ms. Duda also noted that while painkillers often helped the pain, strong
opiate derivates that worked most effectively, such as Percocet, often made
her unable to care for her children and made her much less functional. She
explained to the committee, "Marinol now costs me over $2,000 for a month's
supply [of 240 pills], which insurance does not pay for," continuing,
"marijuana allows me the ability to function normally, which Percocet does
not."

Another user who supports medical marijuana was Scott A. Mortimer, who has
used the drug regularly since 1995 to treat chronic back pain caused by a
fusion of his lower vertebrae.

He stated, "I began using marijuana only after exhausting all other
options," and noting, "I vaporize it [a method that heats marijuana below
the point of combustion but hot enough to activate the THC], and avoid all
the harmful byproducts that come from burning it." Mr. Mortimer explained
that anti-inflammatory medications "were more effective than marijuana, but
had too many unwanted side effects," which included the deterioration of
his stomach lining to the point of massive internal bleeding, an ordeal
which almost killed him.

Dr. James T. D'Olimpio, a board certified clinical oncologist and
palliative care specialist at New York University/North Shore Hospital and
a national expert on pain management, explains the need for more research
on the subject.

He stated, "There is a lot of anecdotal information but not enough clinical
studies," continuing, "we definitely need to study it further." Dr.
D'Olimpio clarified that "most of my patients benefit from other treatments
that I use, but we need to be able to individualize treatment in cases
where marijuana can be looked at when all other options have been exhausted."

Attorney Steven Epstein, co-founder and treasurer of the Massachusetts
Cannabis Reform Coalition (MassCANN), emphasized the importance of
legalization but noted, "While [the bill] will make things better, we are
still not even at the legalization [of medical marijuana] stage." Mr.
Epstein also stated, "there should be more clinical research, but it can be
researched after [experimental use] is legalized.

It's very hard to do a blind study with marijuana, and treatment needs to
be geared to the individual."

While medical marijuana has been legalized in eight other states -
California, Alaska, Hawaii, Arizona, Colorado, Maine, Nevada and Oregon -
the federal Drug Enforcement Administration maintains that marijuana for
any use, no matter what the state law, is still illegal under federal law,
and the DEA certainly has no problem enforcing these laws. In addition to
its various ad campaigns, school information sessions and pages of
information on its Web site warning against the consequences of drug use,
the DEA has recently made busts in Oakland, CA, of medical marijuana
proprietors that operate legally under state law.

The DEA states on its Web site, "Scientific study shows that marijuana
damages the immune system causing further peril to already weakened immune
systems," but does not site this specific study nor any other of the "over
10,000" studies that it claims prove marijuana is a dangerous drug. The DEA
also apparently misunderstands the use of marijuana as a symptomatic drug
and not a cure. The DEA also discounts prior and current reports in the
journal Supportive Care and Cancer by Dr. Declan Weaver, a medical
oncologist, which shows that marijuana may actually stimulate immune
response by binding to newly discovered receptors known as CB1 and CB2. The
DEA also fails to account for the fact that many other symptomatic
medications used to treat severe, chronic pain, such as morphine or
OxyContin, have much more devastating effects on the body than marijuana
but are still commonly used.

Even in the eight states where it is legal to prescribe marijuana under
state law, most situations still violate federal law. In order to coincide
with current federal medical marijuana regulations, a state would need to
acquire permission from the National Institute on Drug Abuse, the only
legal conduit for marijuana in the United States. Currently, NIDA provides
research marijuana, grown under contract at the University of Mississippi,
to two contracts at the Research Triangle Institute as well as to seven
patients on "compassionate use" programs.

This program began in 1978 after the Department of Health and Human
Services settled a lawsuit but was terminated in 1992 by the Secretary of
Health and Human Services, except for the remaining seven that were still
alive.

Currently, medical marijuana is illegal in Massachusetts, under state law
as well as federal, except for an experimental medical marijuana program
that necessitates the federal government supplying marijuana.

Since the feds refuse to supply medical marijuana, the program has never
been truly implemented. Legislation is pending in several other states,
most notably Maryland, where medical marijuana legislation recently passed
both the House and Senate and is expected to be signed into law by Gov.
Ehrlich. Legislation is also pending in Massachusetts' neighbor
Connecticut, where legislation is expected to pass. While federal
legislation has recently been proposed, as it was in 1997 by Rep. Barney
Frank (D-Newton), Rep. Nancy Pelosi (D-California) and Rep. Zoe Lofgren, no
legislation has ever passed in DC.

While testimonies were heard on Beacon Hill, many people who support the
bill do not think the bill will pass, and some senators, such as Bruce
Tarr, have stated openly that they will vote against the bill in committee
or on the floor, despite the scientific and personal evidence and the
overwhelming support for legalization at the polls last November.