Cannabis News NORML - It's Time for a Change!
  Pot Posture Fails 'Red-Face Test'
Posted by CN Staff on May 29, 2002 at 17:22:58 PT
By Paul Campos 
Source: Rocky Mountain News  

medical As a rule, political disputes feature conflicting positions that are obviously or at least arguably rational. There are, however, exceptions.

A particularly striking illustration of an exception to the rule is provided by the dispute over medical marijuana laws. Currently eight states, including Colorado, feature such laws, which allow physicians to authorize the dispensing of marijuana to patients to relieve pain from conditions ranging from glaucoma to cancer to AIDS.

The federal government in general, and the Bush administration in particular, has taken the position that, since there is no federal law permitting doctors to prescribe marijuana for medical purposes, people who supply or possess marijuana legally under state law for medical purposes should be prosecuted under federal law. This is not a rationally defensible position.

Under federal law, marijuana is categorized as a Schedule I drug, which means that, according to federal government, it is both highly dangerous and has no recognized medical use. Both of these claims are obviously false, and the federal officials who are charged with carrying out the laws that flow from this indefensible categorization of the drug are well aware of that fact. The argument that marijuana is both so dangerous and of so little medical value that -- unlike, say, morphine -- it is something that doctors should not have the professional discretion to administer to their patients is beneath contempt. It is, in short, the kind of argument that fails what lawyers refer to as "the red-face test."

Marijuana is far less dangerous than the literally hundreds of prescription drugs that can be ingested in fatal quantities (there has never been a recorded case of someone dying from an overdose of marijuana, and indeed, as a practical matter, such a thing is physiologically impossible), and that are far more addictive than cannabis. Furthermore, despite the strenuous efforts of the federal government to block scientific research regarding the potential medical uses of marijuana, a great deal of evidence has accumulated in recent years that marijuana is an effective -- indeed, sometimes the most effective and least problematic -- pain killer for people suffering from a wide variety of serious and often excruciatingly painful conditions.

Given all this, it isn't surprising that several states have enacted laws designed to offset the effects of the federal government's profoundly irrational policies regarding the medical use of marijuana. What is rather surprising is the hypocrisy of the Bush administration's response. Now, of course, only the terminally naive are surprised when politicians deal with drug questions hypocritically. Even so, the depth of the current administration's hypocrisy should perturb even the most cynical observer.

Even if we leave aside the utter irrationality of the federal government's attitude toward medical marijuana use, the fact remains that federal prosecutions of people who are acting perfectly legally under state law when they use marijuana for medical purposes violates every principle of states' rights that George W. Bush has repeatedly pledged to uphold. Indeed, when he was a presidential candidate Bush announced that he opposed the precise policy that his own Justice Department and DEA are now carrying out.

There is, needless to say, a rational explanation for all this. Although the federal government's marijuana policy isn't rationally defensible, politicians from the president on down are terrified of the accusation that they are soft on drugs. As absurd as that accusation is in the land of Budweiser and Percodan and mandatory prison sentences for millions of drug offenders, it still carries enormous political power. The Bush administration's policy on medical marijuana use seems clear: If values such as democracy and federalism and common human decency happen to conflict with the administration's policy, so much the worse for them.

Paul Campos is a professor of law at the University of Colorado.

Source: Denver Rocky Mountain News (CO)
Author: Paul Campos
Published: May 28, 2002
Copyright: 2002, Denver Publishing Co.
Contact: letters@rockymountainnews.com
Website: http://www.rockymountainnews.com/

Related Articles & Web Sites:

Chronic Cannabis Use in PDF Format
http://freedomtoexhale.com/ccu.pdf

Medical Marijuana Information Links
http://freedomtoexhale.com/medical.htm

Medical Marijuana in Court
http://cannabisnews.com/news/thread12950.shtml

Medical Marijuana Wars Heat Up
http://cannabisnews.com/news/thread12932.shtml

Court To Decide What You Can Say About Marijuana
http://cannabisnews.com/news/thread12894.shtml


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Comment #11 posted by Rev Jonathan Adler on May 30, 2002 at 10:26:58 PT:

OVERHEAD! AT 11PM In Hawaii!
Our government is shooting itself in the foot, when it continues to harass those it should be protecting! Last night, I was alarmed to hear a helicopter outside my home at 150 feet or less within 1/4 mile near my home and church. I am not your average sheep and I don't like my privacy invaded at any time, day or night. The night surveillance is steady here looking for grow-ops and light sources. Well I gave them a light source! 500,000 candlepower spotlight in their faces. They were so shocked that they actually deviated from their flightpath and came right in over my home to investigate! I turned on the video and got them at 50 over my roof in the spotlight! You see I am legal and have no fear! Oops did I say that, or better yet mean it! Yes. See www.medijuana.com or adler4gov.com Rally the troops, public servants that is. Patriotic support of our liberty campaign can be forwarded to Box 742 Hilo, Hi. 96721 c/o Rev. Jon Adler Peace!* Can't they just do their real jobs instead of their lucrative "side-jobs" Hawaii's next Governor could start a national trend. To return to us our precious freedoms. Mahalos!

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Comment #10 posted by Tigress58 on May 30, 2002 at 09:26:10 PT
Sorting parts of the speech
The numbers at the end of the sentence is the Reference material citations. These were very small in my original copy, copy and paste put them to normal size. The over heads look like a jumbled mess, but if you print it and you know the material for what it is, seperating it and reformating it won't be a problem.

I put a lot of work into this speech. I lost the original when I installed another word processing program that took over my files, shut down the old processor, and deleted it. Luckly, I had e-mailed this speech to someone out there in the world, and still had the e-mail in my Sent box. That is the only copy there is now in the Drafts folder.

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Comment #9 posted by Tigress58 on May 30, 2002 at 09:12:00 PT
Why Legalize Marijuana - Over heads (OH)
These are the Overheads to the speech previously posted. I appologize that the copy and paste is not up to par with my original work. This was a final college Speech. Use it if you can.

(OH - 3.b1)

NIDA - National Institute of Drug Abuse report

Deaths per year Health Costs Law Enforcement Cost

Tobacco 430,000 5, 1

Alcohol 100,000 4 $79.2 billion 4 $19.8 billion 4

Prescription Drugs 100,000 3

Cocaine 2,200 5

Heroin 2,000 5

Aspirin 2,000 5

Marijuana 0 5, 1

All Illegal Drugs 4,500 5 $17.5 billion 4 $52.5 billion 4

The breakdown of the annual costs to taxpayers is as follows: 4

ALCOHOL EVENT ILLEGAL DRUGS

$79.2 billion Health Related Cost $17.5 billion

$19.8 billion Law Enforcement $52.5 billion

$99.0 billion Total Costs $70.0 billion

(OH - 3.b2)

Mountain View Hospital reports

Workplace alcohol abuse is responsible for:6

1. 47% work related accidents and injuries;6

2. 40% work related fatalities;6

3. 7.5% full-time workers use alcohol heavily, defined: 5 or more drinks per occasion;6

4. 21% military use alcohol heavily - Department of Defense figure;11

Effects of:

Alcohol Marijuana 1

Liver damage Mild sedative

Digestive Problems - malnutrition Increases appetite

Impaired brain function and damage Mildly intoxicating

Impaired Physical coordination Induces relaxation

Poisoning and death No deaths ever reported

Divorce Increases sociability

Financial Problems

Absenteeism from work Effects last up to 3 - 4 hours

Domestic violence and abuse Reduces aggression

Suicide11

(OH - 1.)

Medical Marijuana useful in the following medical conditions:1

Nausea Wasting Glaucoma Migraine

Multiple sclerosis Epilepsy Muscle spasm

Decreases blood pressure AIDS Cancer patients

Depression Neuropathy - severe and intractable pain

Vomiting Anorexia Arthritis Crohn's disease

Lymphoma Tourette's Syndrome

(OH - 4.a)

Prescription Drugs advertised on Public T.V. and magazines:

Welletrin Fosomax Paxil Celebrex

Plavix Viagra Zoloft Valtrex

Advair Procrit Singular Prosac

Allegra Diflucan Flonase Zyrtec

Ambien

(OH - 5.d)

Lists of Health Harms

"gastrointestinal disorders (i.g. severe bleeding, nausea, vomiting)

testicular inflammation, high fevers, dizziness,

respiratory ailments, skin rashes and lesions,

severe eye irritation, birth defects and miscarriages."



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Comment #8 posted by Lehder on May 30, 2002 at 06:05:51 PT
now i've heard this excuse one too many times
Although the federal government's marijuana policy isn't rationally defensible, politicians from the president on down are terrified of the accusation that they are soft on drugs.

No, this excuse does not work any more, and the reporter who cites it is only naive. The politicians are terrified only of having to work for a living; they are bought and paid for by campaign contributions and graft from the liquor, pharmaceutical and prison industries. Gary Johnson is only notable politician who has takes a clear and vocal position against the entire drug war, and he is the only one who paid for his campaign with $500,000 from his own pocket.



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Comment #7 posted by Ethan Russo MD on May 30, 2002 at 05:01:33 PT:

Tigress
Excellent! This should be published with the original citations.

[ Post Comment ]
 
Comment #6 posted by Tigress58 on May 29, 2002 at 21:17:18 PT
Why Legalize Marijuana - Part 1
INTRODUCTION

1. Imagine the discovery of a drug proven effective in treatment for:1, 2 (OH - I.)

This drug:

a) Does not have any dangerous side effects;

b) Has moderate short-term side effects;

c) No lasting long-term side effects;

d) No potential for overdose;

e) No physical dependence.

2. Imagine that the U.S. government has declared this substance:1, 2

a) Medically worthless;

b) Dangerous and addictive;

c) Spends over $30 billion taxpayer dollars per year to eradicate it.

Sound bizarre? This has been a policy since 1937, when the U.S. government created a document called The Marijuana Tax Act.2

3. The United States government can not maintain its credibility in continuing its "War on Drugs," mainly, MJ prohibition, because the argument crumbles under scrutiny. For example:

a) Reports:

1. April 15, 1998, the Florida Times Union reported:3 Properly prescribed prescription drug deaths at 100,000 per year

2. July 31, 1998, the San Fransico Examiner reported:4 Alcohol kills 100,000 people per year.

b) Statistics: How many people are actually killed by drugs?

1. NIDA - National Institute of Drug Abuse reports:5 (OH - 3.b1)

2. Mountain View Hospital reports:6 (OH - 3.b2)

c) During a 1989 hearing, DEA Administrative Law Judge Francis L. Young concluded

... marijuana's medical usefulness had been adequately demonstrated, ... to be "one of

the safest therapeutically active substances known to man." ...2

d) March 2001, Pew Research Center poll showed 73% of Americans believe

physicians should be able to prescribe Marijuana.7

e) However, former drug czar, Barry McCaffey, [stated], "the future of medical

marijuana lies in classical [pharmaceutical] drug development."2

4. Pharmaceutical drug manufactures are multi-billion dollar per year, for profit, super

corporations.

a) Do you recognize these names? (OH - 4.a) These are the names of a few prescription drugs advertised daily in magazines, and on public T.V.

1. The purpose of advertising drugs is NOT for your continued good health, but strictly for profit!

2. The intent is to urge you to tell your doctor you want a specific drug for your depression, anxiety, to build your bone structure - What happened to calcium, magnesium, and the other minerals?, to increase your red blood cell count - What happened to the B-Complex vitamins?, or because you want to get an erection.

3. Prescription drugs are controlled chemical substances which have very dangerous side effects. They do NOT enhance health!

4. Pharmaceutical drug manufactures are turning medical doctors and the media into drug dealers.

b) Drug dealers! Your neighbors, John and Jane Doe, are sociable people, have great jobs, don't drink, have a great marriage, help you when you need help, watch your house when you go on vacation. They are pretty nice people.

John was busted yesterday for possessing 1/2 an ounce of marijuana. You were shocked! John and Janes' property has been confiscated because of drug forfeiture laws, they are going to lose everything they own, and have worked so hard for, because they smoke 1/2 an ounce of marijuana per week. John has been labelled a drug dealer; he's going to prison.

5. What business does America have in declaring her "War on Drugs" in third world countries?

a) January 13, 2002, 60 Minutes aired Good Intentions/Bad Results, reporting on America's "War on Drugs," called Plan Columbia, in South America.8, 9

America is financing:

1. Para-military death squads and tactics;

2. Aerial spray applications of concentrated broad spectrum herbicide on the land, to defoliate the Rain Forest - an already threatened eco-system, to eradicate cocoa and poppy plants.

3. Has relabeled the "War on Drugs, as a "War on Terrorism."

b) This is poisoning the ground, destroying food crops, contaminating surface water, killing fish and livestock, and has caused serious health problems poisoning over 2300 families.

c) Scott Pasternack, associate attorney with Earthjustice's International Program, said,

"Sadly, the U.S. and Columbia, say ... this strategy is more important than ... "their rights to a clean healthy environment, health, life, sustenance, property, inviolability of the home and family, and access to information." 8, 9

d) [An] Earthjustice statement to the UN Commission on Human Rights lists the health harms from the spraying include: (OH - 5.d)8, 9

e) The State Department has concealed:8, 9

1. The true toxicology of the spray mixture;

2. Has failed to conduct proper environmental and health assessments.

However, America refuses to stop the spraying and this "War on Drugs," denying accountability for its violent acts of war and terrorism on these people.

f) What right does America have in removing basic human rights and liberties from third world countries, while she demands she be treated well and according to her own Constitutional rights?

How would you feel if S.A. sprayed your home, children, crops, livestock, and water supply with poison?

It's time to mind our own business, and clean up our own psychotic, corrupt government.

6. America is a terrorist and tyrant in her own house!

One night, Donald Scott, 61, reacting to his wife's screams, came around a corner with a hand gun, and was shot dead. Scott wasn't a fugitive, and wasn't breaking any laws; Scott was an innocent man minding his own business when the U.S. government stormed his 200 acre ranch and house, in a military style raid, looking for 14 marijuana plants. However, Scott's death was ruled justifiable homicide. Dying with Scott were the rights guaranteed every American under the 4th, 5th, and 8th Amendments of the U.S. Constitution.10

The Ventura County District Attorney reported the main purpose of the raid

was to "garner the expected proceeds from forfeiture of the $5 million ranch." Documents provided to officers before the raid included an appraisal, and parcel map of the ranch. An investigation found the search warrant was issued on insufficient information, and on an unsubstantiated tip,. There was no evidence supporting marijuana cultivation on Scott's ranch.10

7. Why is marijuana illegal, while alcohol and tobacco is legal?

Marijuana was outlawed in 1937 as a repressive measure against Mexican workers crossing the border seeking jobs during the depression. The specific reason given was its supposed violent effect on the degenerate races.5

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Comment #5 posted by Tigress58 on May 29, 2002 at 21:14:46 PT
Why Legalize Marijuana - Part2
CONCLUSION:

1. America! A land of peace and freedom - REALLY?

2. Don't forget Ruby Ridge, Waco, or the recent Rainbow Farm incident during Labor Day Weekend 2001, in Michigan. These are unethical, psychotic, ego-centric, murderous assaults and sieges against our own people.

3. As an American, do you enjoy being coerced, CONTROLLED, and lied to?

4. Americans, wake up to the real drug problems in this country, and the political psychotic, ego-centrism that fuels this war.

5. As Americans, we should be concerned about the unethical, ego-centric political oppression of people who smoke a harmless herb called marijuana - for medical reasons and recreational use.

6. We are being forced to use alcohol, tobacco, and prescription drugs - harmful chemical substances with dangerous side effects, the statistics speak for themselves.

7. The critical questions and issues are:1

a) Is it more harmful to society to eradicate MJ, or to legalize it?

b) Does MJ prohibition justify a social policy designed to seek out and firmly punish those who use it?

c) Does the economic and social costs of MJ prohibition justify spending $30 billion per year of taxpayer dollars?

d) Is it socially justifiable to give large numbers of otherwise law abiding citizens criminal records, who have not violated the liberties of others?

e) Does the future harm of those given such criminal records, outweigh the harm of MJ itself?

f) Is it socially and economically justifiable to incarcerate 734,000 people per year on MJ related charges, while 88% are for simple possession?

g) Is it socially justifiable to violate the Consitutional rights of citizens such as Donald Scott, murder that person, and label it justifiable homicide?

8. The dangers of MJ have been over exaggerated, and the social costs of prohibition must be dealt with. The most damaging is denial of medical MJ to the sick. (OH - 8.)1, 2, 5

9. The U.S. government continues to ignore scientific findings and continues to classify MJ as a Schedule I Drug. MJ toxicology is nil compared to classical pharmaceutical drugs.3, 5

10. The government should STOP its "War on Drugs" policy which is based on psychotic lies, and begin basing its policy on scientific facts and common sense. MJ should be decriminalized, and especially be made available for medical purposes.1



[ Post Comment ]

 
Comment #4 posted by Tigress58 on May 29, 2002 at 21:12:47 PT
Why Legalize Marijuana - Part 3
OTHER FACTS

POLITICAL MONEY - PAC and SOFT MONEY CONTRIBUTIONS

1. Pharmaceutical drug dealing Golithes contribute $75 million every year.12

2. Tobacco companys contribute $4.3 million every year.13

3. Alcohol companys contribute $300 thousand every year.14

4. The law states, "any distribution of illegal drugs is considered a sale."5

Anyone who uses drugs is considered a "drug dealer."5

Anyone who passes a joint at a rock concert is considered a "drug dealer."5

5. There are 12 - 40 million marijuana smokers in the U.S.5

6. The cost to put a drug user in jail is about $450,000. This includes arrest, conviction, and an average 5 year sentence.5

7. 60% of the prison population is sentenced on drug charges.5

8. President Bush has relabeled the "War on Drugs" as a "War on Terrorism"

Smoke a joint, your considered a terrorist.

9. The forfeiture law enables law enforcement to confiscate your property under probable cause, and sell it, without charging you with any crime. Law enforcement needs the sale proceeds to support their operations costs.

REFERENCES

1. www.cannabisnews.com/news/thread12457.shtml

2. www.cannabisnews.com/news/thread11753.shtml

3. http://users.leading.net/~nff/newssad.htm

4. www.ukcia.org/lib/stats/us-booze.htm

5. www.druglibrary.org/shaffer/library/basicfax.htm

6. www.mtnviewhospital.com/Health%20Information%20Library/PFF%20Alcohol%2...

7. www.cannabisnews.com/news/thread12038.shtml

8. 60 Minutes - Good Intentions / Bad Results

9. www.cannabisnews.com/news/thread11779.shtml

10. www.cannabisnews.com/news/thread12064.shtml

11. http://usmilitary.about.com/library/milinfo/milarticle/blalcohol.htm?iam=savvy&terms=

12. www.uhcan.org/files/money/ouch.html

13. www.commoncause.org/publications/tobacco_ch2.htm

14. www.cspinet.org/booze/underagedrinking.ondcp5.htm



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Comment #3 posted by bongathon on May 29, 2002 at 20:38:22 PT:

yes,yes,yes
breck bongathon will rule, come one come all...stay tuned

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Comment #2 posted by FoM on May 29, 2002 at 19:39:03 PT
Important E-Mail News
California NORML Release 5-29-02

SANTA ROSA, CA May 29

The Aiko Compassionate Center, a medical marijuana patients' group in Santa Rosa, was raided by a team of DEA agents today. Details of the raid are sketchy, but it is thought to be linked to an ongoing DEA investigation of medical marijuana cultivation in Sonoma County.

At least one patient was arrested, This is the fourth DEA raid of a medical cannabis club since Sept. 11th. Over a dozen medical marijuana cases are pending in federal court in California. A nationwide protest against the raids is planned for June 6th at noon at DEA offices around the country (not before).

For details, contact Americans for Safe Access -- http://safeaccessnow.org

(510) 486-8083

Prop 215 supporters view the DEA raids as a malicious intrusion on California's medical marijuana law.

"It's a sorry commentary on the Justice Department that it's made more arrests for medical marijuana than terrorism in California," said California NORML coordinator Dale Gieringer.

Dale Gieringer (415) 563-5858 // canorml@igc.org
2215-R Market St. #278, San Francisco CA 94114


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Comment #1 posted by p4me on May 29, 2002 at 18:43:02 PT
Peter Jennings on Charlie Rose
Last night Peter Jennings said that all the pill companies have to do is show that their drug is just better than nothing to get it approved by the FDA. He also said there are more pill company lobbyist in Washington than members of Congress.

It is obvious the pill companies like the present arrangement. They will spend 3 billion on consumer advertising, 5 billion advertising to doctors, and 8 billion in free samples. If they don't like something they already have advertising slots ready to level a blast. You see no blast about marijuana because they are all happy sleeping on their money mattresses.

ICBS,VAAI,POW

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