MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013

Medical Marijuana  What is Marijuana?  Marijuana is a greenish-gray mixture of leaves, stems, seeds and flowers of Cannabis sativa – the hemp plant.  THC is the active ingredient responsible of marijuana’s psychological effects.  Most users smoke marijuana in hand-rolled cigarettes. Some use pipes, water pipes or bongs. Marijuana cigars and blunts are also popular.

Medical Marijuana  One Man’s Story  John Doe time is short, and he suffers from a rare neurological disorder.  He lives not in Canada, Israel or the Czech Republic but in Texas – home to a prison system renowned for zero-tolerance.  He has found relief that traditional pills could not provide and with fewer adverse side effects.  He is lucky to receive some 300 joints/month under the little known Compassionate Investigative New Drug Program.

Medical Marijuana  The Pros ….  Glaucoma – THC has been shown to reduce intraocular pressure in laboratory animals and humans with glaucoma.  Appetite – Regular marijuana users note an increase in appetite – significant for those with wasting syndrome.  Analgesia – (Pain relief) – Some clinical studies show improvement in the pain management of cancer patients.  Multiple Sclerosis – Marijuana may protect nerves from the kind of damage that occurs with the disease.

Medical Marijuana  The Cons ….  Stroke – Reports show an association between cannabis abuse and ischemic stroke in young people.  Oral Health - There appears to be increased periodontal disease, and pre-malignant lesions among marijuana users.  Lungs – Damage shown in cells of the lungs and small air sacs caused by cannabis use.  Long term cognitive function – heavy use may induce subtle changes resulting in altered emotional and cognitive

Medical Marijuana  Medical Views  124,000 – member American College of Physicians advocate reclassification [out of schedule 1 of the federal controlled substance Act. It would increase availability of cannabinoid drugs for patients who fail to respond to other treatment.  The American Nurses Association support patient’s right to legally and safely access marijuana /cannabis for symptom management and to promote quality of life for patients needing alternatives to conventional therapy.

Medical Marijuana  Current Status  18 States and the District of Columbia have enacted laws legalizing medical marijuana: Alaska, Arizona, California, Colorado, Connecticut, D.C., Delaware, Hawaii, Main, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.  11 States have legislation pending: Alabama, Florida, Illinois, Iowa, Kansas, Maryland, Missouri, New Hampshire, New York and west Virginia.

Medical Marijuana  Michigan Matters  Physician verifies patient’s debilitating condition  Physician contacted to verify that stated patient is under physician care.  Medical records must be current and document 3 years one of the conditions which qualify patient for medical marijuana.  Qualified patients will receive a signed State Certification Form which allows an application for a medical marijuana I.D. card.

Medical Marijuana  Michigan Matters  Certifications are valid for one year.  Michigan charges $100 to file for an application  Michigan Marijuana Certification Center charges $150 for review and certification process.  130,000 Michigan residents have medical marijuana cards.  Michigan has approximately 25,000 caregivers

Medical Marijuana  Privacy Concerns  Michigan legislature passes HB 4834 which makes registry information available to police agencies.  The National Patients Rights Association (NPRA) advocates that HIPPA should govern individual health informat ion.  The Michigan Association of Compassionate Care (MACC) has filed an emergency brief to halt federal access to confidential marijuana records.  DEA raids and patient confidentiality.

Medical Marijuana  Court Decisions  U.S. Supreme Court has declined to legalize the medical use of marijuana under federal law.  Users open to prosecution by the government.  In California – the state appeals court has upheld the stat’s medical cannabis law.  Forth District Court of Appeals in San Diego fights objections to the 1996 marijuana initiative.

Medical Marijuana  Court decisions  Feb. 8, 2013, The Michigan Supreme Court ruled the marijuana dispensaries illegal.  In Oakland California lawsuits continue in federal court over marijuana dispensary.  Arizona Supreme Court takes up challenge to the state’s medical marijuana law.  Dispensaries set to open in Washington D.C. in April.

Medical Marijuana  “Blunt Talk”  Montel Williams has announced plans to open his own dispensary.  Scotts Miracle-Gro is actively exploring opportunities in the medical marijuana market.  Miss America has said that from a legal perspective medical marijuana should be legalized.  Lawmakers Ron Paul and Barney Frank introduced a bill to end the federal band on marijuana.

Medical Marijuana  “Blunt Talk”  Drug offenders comprise over 500,000 of the more than 2 million incarcerated in our prisons and jails.  Offenders represent no real threat to society.  Decriminalization a logical progression

References  Battle Over Pot Dispensary Back in federal Court (2013) Retrieved March 9,2013 from pot-dispensary-back-in-federal-court/ pot-dispensary-back-in-federal-court/  Judge: Medical Marijuana users can collect jobless benefits/Detroit Free press/freep.com Retrieved from marijuana-users-can-collect-jobless-benefits marijuana-users-can-collect-jobless-benefits  MayoClinic.com health Library. Retrieved from  Medical benefits of THC. Retrieved march 11,2013 from

References  Medical Cannabis: Voices from the Frontlines (2011). Retrieved March 8, 2013 from protect-private-patient-records/ protect-private-patient-records/  Michigan Medical Marijuana facts. (2013) Retrieved march 5, 2013 from s/ s/  Medical Marijuana: Pros and Cons (2013) retrieved March 10, 2013 from marijuana-pros-and-cons-doctor-debate-opinions/ marijuana-pros-and-cons-doctor-debate-opinions/