US Govt's Patent on Pot, and an End to the War on Drugs.
If we can hope for one thing in the upcoming Obama presidency it is a serious rethinking of the sinister, decades long War on Drugs. For those who dismiss this as a stoner wet dream, or a trivial, peripheral issue, I would suggest that this war is one being waged directly upon the citizens of this country, not by terrorists, or drug cartels, but by our own government, purely for profit and control, and it impinges on all our lives.
One in every 100 Americans is in jail. We have the highest incarceration rate in the entire world. Forfeiture laws allow for the seizure of money and property in drug busts with little or no oversight, and provides a hefty income stream to law enforcement. It is not surprising that police, district attorneys, and the prison guard union consistently lobby against grassroots initiatives which seek to modify our failed drug policies and bring them into alignment with common sense and human decency.
The lynch pin of this war is cannabis, and the enemies of this once highly respected herb are legion.
When Richard Nixon tore up the Shafer Report which he commissioned to review Federal marijuana policies, he did so because the report recommended legalization. By burying the report and launching his self-styled War on Drugs, Nixon saw a way to silence the hippies and peacenik's who opposed that other war, the one in Viet Nam.
For more complex motivations, the Clinton and Bush II administrations specifically targeted the medical marijuana movement because they rightly saw it as the beginning of the end of Just Say No (Reagan's and Bush I's singularly successful strategy to silence any public discourse on the topic of drugs and our society).
After all, hockey moms, and joe-six-pack can easily laugh at dehumanized pot-heads, and dismiss them as deserving neither respect nor defense, but a cancer patient, or someone with MS or seizure's?
So naturally the Drug Czars, and their minions in the ONDCP try to discredit claims that cannabis is medically useful, and hoist the canard that poor, sick people are being used to further the agenda of those that just want to get high.
Which brings me to the subject of this post: The US Government's patent on medical cannabis. In what is either a humongous slip-up, or simply a matter of greed trumping rationale, the Dept. of Health and Human Services filed for and was awarded a patent on the medical benefits of cannabinoids derived from cannabis, based on studies done at the National Institute of Health. The patent (#6,630,507) awarded in 2003, states unequivocally that cannabinoids are neuroprotectants and anti-inflammitory, and as such are useful in the prevention and treatment of a wide variety of diseases including stroke, trauma, auto-immune disorders, Parkinson's, Alzheimer's and HIV dementia. That's prevention and treatment, mind you.
Which begs the question, why is cannabis still classified as a Schedule I substance, having “no current use for medical treatment in the United States?” Leaving aside the point that it is now legal for medical treatment in 13 states, the answer is simple, if cannabis were to be reclassified, the scientific community in this country would go full-steam ahead with research into its healing properties (as they are already doing overseas). Medical professionals across the nation would be able recommend cannabis without fear of interference from the federal government. The culture of silence that has been imposed on mainstream media would dissolve, and a true discussion about the pros and cons of this issue would emerge.
Which is why it is so delicious to see existence of this patent move inexorably (albeit glacially) toward common knowledge. If there is one thing that the American people can't abide (beside high prices as the gas station) it's hypocrisy and believing we've been suckered. Hence the downfall of Edwards, Foley, Craig, and the boiling outrage against the financial bail-out.
Those in office who champion a change in our drug policies, claim there is no political will to make a shift. I would postulate that political winds shift very quickly when the right fires are lit. When the American populace fully understand the extent to which we are being flummoxed and ripped-off as a result of these bone-headed policies – that we, indeed, are the flunkies – change will follow quickly upon its heels.
The stunning victory of Proposal 1 in Michigan (which brought legalized medical cannabis to the midwest), and Question 2 in Massachusetts (which made possession of small amounts of cannabis a record-free misdemeanor) despite massive opposition by the usual suspects, sounds a lot like chimes ringing in a new age of rationality.
Whether we will see another near 1,000,000 people arrested next year for cannabis related offenses is still a question, but the days of Just Say No-thing about the our crazy drug policies is definitely over.
Oh, and for those of you who are interested, the Feds are offering their cannabinoid patent for licensing. Let's see how long it takes to get picked up.
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I believe hope is all there may be, particularly from the Obama administration. I would venture a guess that the Obama administration would rather leave this issue up to the individual states. The Obama critics would see any willingness by Obama to address the medical marijuana issue as confirmation of their Big Government fears; and Obama wants 2 terms. The usual anti-drug trope is beginning to wear thin, at least with medical marijuana, but is still considerably short of unabated legalization.
I would council patience; the grassroots (no pun intended) efforts are producing results.
I am surprised that you don't mention the economics of keeping medical marijuana out of the mainstream healthcare market. The financial losses to the pharmaceutical industry would be quite remarkable, at least until their lobbyists convince government representatives that they alone should be responsible for growing and dispersing marijuana. Just because marijuana is made legal for its many medicinal benefits doesn't mean that your typical cancer patient would be able to cultivate it themselves. Once the pharmaceutical companies become solely responsible for the production and distribution of medical marijuana then its price will increase dramatically. The only reason this hasn't occurred yet is that medical marijuana is not accepted by a large enough segment of the population, and so still remains used by what is viewed as a fringe element. With widespread acceptance and use will bring a recognition of the market value.
I have to go for now, my daughter just awoke. I will post more soon.
Frank, count me as the second vulture.
I am not sanguine that a President Obama will be willing to take on an issue that is so highly politicized as this issue given the "bigger" issues that he will deal with. Leaving it up to the states is, of course, another way of saying "punt." But don't be surprised if that is what our new President does on this one.
Very good post. Rated.
Monte
Hemp is a cousin to marijuana and DOES NOT make one high like marijuana does. Therefore, there is even LESS reason for it to be illegal here.
With the legalization of medicinal marijuana, hopefully, the legalization of cultivating hemp will follow. Just think of how much money this could bring to the U.S. economy if hemp production was legal in the U.S. It would also allow people with land to make a better living... say, people like my mom, who owns 20 acres of land in rural Michigan and who could supplement her social security income by doing this and then selling the harvested hemp to hemp product manufacturers.
But once the idea gains traction...they will all be running out to the front of the crowd pretending they've been leading.
Oh well...getting elected and re-elected has to take precedence, I suppose, but one can hope.
And I am hoping Obama become a leader on this issue. The War on Drugs makes no more sense than a War on Hurricanes or a War on Earthquakes. Maybe less.
La Captiana, you are so right about hemp. It has applications for fiber, bio-fuel, food, plastic, erosion control, soil amendment, the list goes on and on.
Lairderg, many folks hold your view, and I respect that. I will have another post coming up about the regulation and taxation issue. And thanks for helping me catch that typo! It was the hockymoms one, right? They're such snarky troublemakers, aren't they?
Frank, I love your analogy. You are quite right, Wars on Hurricanes and Earthquakes would intend to lessen harm to humans, not the opposite.
I understand your position, Lairderg, but what is more dangerous... alcohol or marijuana? I don't really hear of any marijuana-related fatal vehicle accidents... yet...
I really don't see the point of comparing us to other countries at this point. We are soooooo far behind on many issues - among them health care, civil rights and education. What makes you think that Johnny Six Pack, or Joe the Plumber *don't* smoke already. The truth is, we as a nation, really don't care about what's legal or illegal. Why?
It's the economy, stupid. I don't mean to call everyone stupid - really, I don't. Yet, we have as a whole, proven that our nation can't get the aforementioned *basics* right. What makes you think that we can get somethings related to leisure correct? We are a nation built on excess, and as such the conservative movement - cases in point - Prop 8 in California, and Prop 2 in Florida - a largely unacknowleged and severe infringement on our population's civil rights - have passed.
This week, I took my continuing education that was a prerequisite for renewing my Real Estate Appraiser's license. We came in, took day one's classes, after having picked up *that day's* books from the office. Before leaving for the day, after a grueling 8 hour class, I asked the office for the book we would use the next day - so I could have the chance to review the material beforehand.
I was promptly informed that : "...we can't." I - being the person I am - calmly insisted that I get what I already paid for a week before. No intelligible/ rational answer. Finally, I asked if it was because "some moron forgot their books."
My suspicions were confirmed, just as calmly. So anyone who took their education and the classes that would begin to provide it seriously, had to pay for the 'more than a few ' socalled students who forgot their books.
If our schools have to demonize preparedness, what makes you think you could keep on functioning if some pothead were allowed to roam the streets free with a CC card?
Nevermind the fact that alcoholics already have an *unpublished* license to 'overdo it' and get jailtime or a DUI. It only takes a couple apples to spoil the bunch - so throw 'em all out.
What, are we all 5 years old?
PublicD, it is a kind of collective madness that does not bow to rationality, logic, or pleas for compassion.
Sandra, I want to hear the chimes in all fifty states, and then find out what the lug nuts in Washington have to say.
Maryt, I am honored to be spoken of in the same breath as Bill Maher. He is one of the angels on earth.
Rich, for the life of me, I cannot understand what holds this prohibition in place. It's fear for sure . . . but fear of what?
purpleinflorida, I'm with you on the lack of conscientiousness and for that matter plain old consciousness in our society. It maddens me too. With regard to cannabis prohibition, if it was merely about leisure activities I doubt I would be so passionate, but I know what an effective medicine cannabis is, and I will fight with all my doggedness and might for the right of access for those who are being denied that which can literally save their lives.
Suzy – you and me both!
"I would postulate that political winds shift very quickly when the right fires are lit."
wow. brilliant writing there, and throughout.
I agree that there is too much money and other factors now available by our current "war."
Cannabis would be a fine start, but just that, a start.
I think we should be cautious not to over-promise on the med benefits of MJ. One, overstatement can lead to being ridiculed (see LSD in the late 60's) and two, some of the med benefits of MJ could probably be sheared off by big Pharm and where would that leave us? Holding a medically unneeded, recreational drug in our hands, having just stated that the medical benefits of MJ are the cornerstone of a legitimization argument.
How's this: We take pot off the Schedule altogether, decriminalize everything Schedule 2 and below, regulate it just like alcohol, and tax the crap out of it. When you consider that it takes 1000 bucks to buy a kilo of cocaine in Colombia, and that same kilo sells for $20,000-30,000 here in the States, the profit margin is so great, that within 5 years we could eliminate the National Debt, based on current consumption rates of the drug in this country. Add marijuana to that, and we'd have a monster budget surplus by the end of that same time period.
It's time we approach drug use like rational adults.
Scientific studies prove beyond a shadow of a doubt that drug use is endemic to human existence. Face it: Homo Sapiens, (as well as a lot of other species), consume drugs for pleasure. It is a fact that the brain is hard-wired for pleasure, and trying to deny our basic nature is futile. It's as rediculous as preaching abstinence from sex until marriage to teenagers with raging hormonal drives.
Couple that with the enormous savings realized from either eliminating or severly downsizing the rogue DEA and it's insane, wasteful enterprise, and it's a win-win all around.
It's time to shit-can the paranoid policies of Harry Anslinger and Richard Nixon in favor of some common and fiscal sense.
I think Obama will get involved in this for no other reason than the obvious insitutionalized racism/classism of the War of Drugs. Not only do we imprison more of our countrymen but more of our countrymen of color and low class.
rated!!
I like your depression comparison. The only problem I see with it is that we are so much richer as a nation now. That is why the costs of the WoD seem so much more affordable than those of Prohibition and that is why the revenue from sales seems so much less than that of alchohol.
The money aspect loomed larger before things like the income tax, social security, military industrial complex, medicare, medicaid, highway programs and on and on. Now the Drug cost/revenue piece seems so much smaller in comparison to all of government than it did eighty years ago.
In a message to Congress on August 2, 1977, President Jimmy Carter insisted: "Penalties against possession of a drug should not be more damaging to an individual than the use of the drug itself."
Drug Enforcement Administration (DEA) Law Judge Francis L. Young wrote on September 8, 1988: "Nearly all medicines have toxic, potentially lethal effects. But marijuana is not such a substance. There is no record in the extensive medical literature describing a proven, documented cannabis-induced fatality Marijuana, in its natural form, is one of the safest therapeutically active substances known to man."
After years of suppression by the government, the truth about medical marijuana is finally coming out. Dr. Tod Mikuriya, former director of marijuana research for the entire federal government, wrote in 1996: "I was hired by the government to provide scientific evidence that marijuana was harmful. As I studied the subject, I began to realize that marijuana was once widely used as a safe and effective medicine. But the government had a different agenda, and I had to resign."
Tobacco kills about 430,700 each year. Alcohol and alcohol-related diseases and injuries kill about 110,000 per year. Secondhand tobacco smoke kills about 50,000 every year. Aspirin and other anti-inflammatory drugs kill 7,600 each year. Cocaine kills about 500 yearly alone, and another 2,500 in combination with another drug. Heroin kills about 400 yearly alone, and another 2,500 in combination with another drug. Adverse reactions to prescription drugs total 32,000 per year, while marijuana kills no one.
A November 4, 2002 Time/CNN Poll found that eighty percent of those polled felt marijuana should be legal only for therapeutic purposes. 72 percent felt recreational users should get fines rather than jail time, which is essentially decriminalization. The complete legalization of marijuana was favored only by 34 percent of respondents, but this figure is twice as large as it was in 1986. Marijuana is safer than alcohol and tobacco, and our drug laws should reflect this reality.
Throughout history, the legal and moral status of psychoactive drugs has kept changing. During the 17th century, the sale and consumption of tobacco were punished by death in much of Europe, Russia, China and Japan. For centuries, many of the Muslim domains that forbade alcohol sale and consumption simultaneously tolerated and even regulated the sale of opium and cannabis.
Each year, the U.S. government spends more than $30 billion on the drug war and arrests over 1.5 million people on drug-related charges. Over 318,000 people are now behind bars in the U.S. for drug violations, greater than the total number of people incarcerated for all crimes in England, France, Germany, Italy and Spain combined.
Our government is calling for billions of dollars to fight a drug war it can't win. Roughly 75 percent of this money goes to enforcing laws and regulations, but only 15 percent goes to drug education and prevention, and a only a meager 10 percent goes to treatment for addicts.
During the 1950s, long-term prison sentences against drug users choked the courts, strained and disrupted prisons and drove black-market prices even higher. The latest casualty in the drug war has been our civil liberties: mandatory drug testing so we can all be “drug free”. Some of these tests have been struck down by the courts, where the government is the employer. But others have been upheld. Supreme Court Justice Antonin Scalia denounced these drug tests as “an immolation of privacy and human dignity in symbolic opposition to drug use.”
Even putting America under martial law will not solve the nation's drug problem. Iran executes hundreds of drug offenders. Malaysia has hanged dozens of drug users in the past few years. In neither country has the drug problem receded. In fact, in Malaysia, the addiction rate continues to rise. On the other hand, the Dutch government, with its liberal social and political philosophy, tolerates drug use, and the addiction rate is declining.
According to a 2003 Zogby poll, two of every five Americans say “the government should treat marijuana the same way it treats alcohol: It should regulate it, control it, tax it, and only make it illegal for children.” Close to 100 million Americans, including over half of those between the ages of 18 and 50, have tried marijuana at least once. Military and police recruiters often have no alternative but to ignore past marijuana use by job seekers.
In 1996, California voters passed a law to regulate medical marijuana within the state. In 2000, voters in California approved an initiative allowing people who are arrested for simple possession of drugs to go through a rehabilitation program rather than through the court process that would result in prison. Since the program began, most agree it has been very successful. It results in less recidivism and is considered cheaper than imprisonment.
Richard Posner, Chicago's chief judge of the 7th U.S. Circuit Court of Appeals and one of the nation's leading legal scholars, says marijuana use should be legalized as a way of reducing crime. Posner, a Reagan administration appointee once described by American Lawyer magazine as “the most brilliant judge in the country,” explained his views on marijuana in The Times Literary Supplement, a British publication, and in later interview:
“It is nonsense that we should be devoting so many law enforcement resources to marijuana," says Posner. "I am skeptical that a society that is so tolerant of alcohol and cigarettes should come down so hard on marijuana use and send people to prison for life without parole.”
Posner is the highest-ranking judge to publicly favor the repeal of marijuana laws. Several judges of the federal district court, a level lower than the appeals court, have made similar calls, including Robert Sweet of New York and James Paine of Florida, both Carter Administration appointees.
New York University law professor Burt Neuborne said it's significant that “one of the leading intellectuals in the judicial system recognizes that the laws don't seem to be working well.”
Posner and other federal judges have complained that sentencing guidelines force them to give unjustly severe prison sentences to relatively minor drug offenders. Says Posner: “Prison terms in America have become appallingly long, especially for conduct that, arguably, should not be criminal at all. Only decriminalization is a sure route to a lower crime rate. It is sad that it appears so far below the horizon of political feasibility.”
Rufus King, a Washington, DC lawyer who has served on the President's Commission on Law Enforcement and the Administration of Justice, calls the drug war, “A worthless crusade.” According to King, drug use is a social problem, not a law enforcement problem. He observes: “Cigarette use is declining through changes in cultural values in the population. Like most smokers and alcoholics, most users of illegal drugs poison themselves because they want to be intoxicated. No human force can do them much good until they want help.” King is optimistic that the current anti-drug hysteria will subside, and responsible and reasonable drug law policies will be adopted.
I'm one of those who have been "clean & sober" for 25+ years.
LaCap said:
"I understand your position, Lairderg, but what is more dangerous... alcohol or marijuana? I don't really hear of any marijuana-related fatal vehicle accidents... yet... "
I did so many more DUMB things while drinking such as smashing uo cars, people, myself, etc than I EVER/NEVER did while high.
When I drank, I'd break out in these little reddishbrown spots.
the more I drank, the more of them there were.
If you looked very closely, you'd see that they were little assholes.
As I drank, they'd blend together and I'd become one big one.
These things never happened when I was mellow, friendly, laidback and muched out while high.
I'm somewhat ambivalent about random legalization.
While I FULLY support the medical aspects, I feel that I am not sufficiently informed to form a firm opinion about total legality.
I sure as hell believe that the 3 strikes law for drunk driving needs to be enforced.
I AM of the opinion that the current hysterically punitive drug laws MUST be addressed and corrected.
As for the waste of resources due to the banning of hemp, that is financial stupidity.
Of course, government is so much more qualified to make stupid decisions that demonstrate common sense.
Leave the MM alone and correct the rest of it.
For Lairderg's collection;
, . ? : " '!
I'm one also.lol
So, if you think I babbled here, you ought to have heard me on speed.
Irwin, yes, I agree. Our treatment of drugs as a law-enforcement problem, rather than a health and social problem does nothing but hold the problem in place. And maybe, that is the motive.
Neilpaul, you are right about that bigpharma wanting a piece of the pie. Yet, having spent the last six months emmerced in the issue, I would say it would almost be impossible to overstate the medical benefits of cannabis. Last year alone there were 17,000 studies done on cannabinoids.
Joe, I am trying to find some rationality – any rationality in the position of those who would keep this prohibition in place. Clearly, the culture of silence that has surrounded the issue for decades, which has stifled any true debate, must end.
Carol – THANK YOU! for that link. The information in Michael Rupert's article fills in a lot of blanks. I had heard about "drugs for guns" back in the Iran-contra days, but I hadn't really put all the pieces together. Cheney's involvement, and Haliburton's complicity surprises me not one bit. The powers which benefit from the continued WOD reach further than I ever imagined.
Vasu, thank you for your comprehensive, thoughtful and fact-filled comment. As Rufus King pointed out, tobacco use declined solely through education and regulation. Paul Armentano has an excellent article in The Hill, (the congressional blog) on just this issue.
Thank you, Ron, for testimony from someone who has been in the trenches. Your comment speaks volumes!
Great article.. Do you mean to tell us that the US Goverment is hypocritical.?..(smiling) We are continuining to light fires for pot here in the south..one bong at a time!
I was labeled a Drug Addict at age 14, for using Pot; which was wrong because - as I found out, by spending $4000 for a 'Non-Government Beholding' Shrink (i.e.: U.S.A.F. Dependant Care Medical Doctors have certain rules.......UGH!), when I was 21 - I have Bi-Polar Disorder; which is why THAT Shrink recorded in my Charts that it was Hid Opinion that Cannabis had probably saved me from suicide, and that the Gov-Paid-Beholding Shrink who'd put me in Re-Hab at 14, had nearly CAUSED me to Suicide.
Such Suicide Deaths are the #3 cause of Death amongst Teens; and I think that the ones who got labeled - like I did - and who are then denied Pot, have been KILLED by The D.E.A.!!!
It gets' worse!
I started complaining about 'Electric Shooting Pains; in my Legs, about one year after being labeled a 'Pot Head'; which is why I was told that I have 'Ceivers Disease' - which is just 'Doctor Code Talk' for that malady of (supposed) Drug Addicts, The "this person will try to DE-'Ceive'(rs) a Doctor to get 'The Good Stuff' (Pills) and thus further their Addiction 'Disease', and why I was roundly ignored (vis a vis: The Very Real PAIN), until I was 41!!!!
It was then that I found out that I have H.N.P.P.; a kind of Neuropathy that - largely due to it having been IGNORED as being part of an attempt to 'Gateway' - is thus acusing me WAY MORE PAIN THAN I SHOULD EVER HAVE BEEN MADE TO INFLICT UPON MYSELF.
As if that's not bad enough; I'm now being attacked for "Cooking while Stoned" - by People who I fired!!!!
And they all KNOW that I WAS one of the Best Chefs in my Market; largely due to the "Power Of The Munchies" to inspire Culinary Creativity!!!!
That's just plain LOW!!!
Barack Obama! the People behind this crap don't deserve your PISS!!! Which is what they say about ME.
You promised Us Oregonians, that Science would Govern YOUR JUDGEMENTS regarding Medical Marijuana, when Campaigning here.
I was listeneing; Therefore I'll have one extra large order of Change I Believed In, on table one - on the fly!!!
Don;t let them do this anymore to Sucidal Teenagers and Good People who just want to Work. What was I supposed to do; Rob Banks?!? The Government is CLEARLY in Violation of the Eigth Ammendment here!!!
Legalizing drugs, including grass, doesn't support either common sense or human decency. You think you are coming up with something new here, or unique? Well, you aren't.
Sure the war on drugs has been a dismal failure, much like illegal immigration enforcement and a few other inept federal programs. But we don't throw open the gates at the borders and say, "Screw it. Come on in. The policy has been a mess, man. No problem-o."
Unleashing drugs to just anyone who wants them is a stupid idea. Have you looked around lately? Seen the carnage from drug abuse? Seen the mess people make of their lives when they get strung out on stuff? I've never heard anyone accepting an award for any accomplishment say, "And I'd like to thank my drug dealer..."
If the medical benefits of marijuana can be proven and developed for prescription, then fine. But stop using sick people as your leverage to get stoned on your ass again today.
I agree, artbyjoe, the Federal government is overreaching hugely, in this matter. We have been seeing some movement by the states in the areas of decriminalization, and legalization of medical cannabis. Lets see if Feds back off a bit in this new administration. I certainly am praying that they do.
I am truly sorry, James, for the pain you had to go through. A beloved member of my family was also subjected to immense suffering because of this prohibition. Thank you for sharing your story.
Oh, Rose, you sound so bitter and unhappy. I am sorry for you, too. Perhaps you believe what you have written. I wish you would post something in your own blog that outlines the reasons you have for your position, (or anything in your blog, for that matter). Yes, I am familiar with the point of view that poor, sick people are being used to further the agenda of those that just want to get high. Perhaps you didn't get that far, but I actually referenced it in my post. However, I don't believe it for a minute. Why, because I have met with, and worked with the poor, sick people you say you are talking about, and they desperately want access to what is in many cases, the only medicine that helps them. If you are a real person, with real beliefs, then I recommend that you study this issue in a little more depth. The truth will set us all free.
second term (assuming he has one) to do anything positive
about marijuana. It's too easy to use it against him when he
runs again. And he has so much else on his plate, that's the last thing he needs right now.
Thanks for keeping on keeping on!
Don't hold your breathe for Obama. Obama should be enforcing federal law which requires that anything with accepted medical use in treatment in the United States be removed from Schedule I of the Controlled Substances Act. The last time I checked, 13 States in the United States had legalized the medical use of marijuana. The DEA is breaking federal law by refusing to remove marijuana from Schedule I. You can download a copy of my law suit, Carl Olsen v. Michael Mukasey, No. 4:08-cv-00370, United States District Court for the Southern District of Iowa, at my web site:
http://www.iowamedicalmarijuana.org/petitions/dea.aspx
Carl Olsen
http://www.iowamedicalmarijuana.org/
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I haven't smoke pot in 25 years, and have little interest in doing so; yet, I think it ridiculous that we continue to outlaw the growing and personal consumption of this plant. Even more, it is absurd to ban the production of industrial hemp because the leaves look alike. Good luck getting high off this plant, folks. Really.
You should post your article on more blogs, and submit it to Salon, Brinna. It's a good one.
Gamble, I appreciate your encouragement. Thank you!