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US: DEA Ruling Renders Federal Approval of Medical Marijuana

Jessica Azulay

The NewStandard

Thursday 16 Dec 2004

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In a move certain to prolong the suffering of many, the Drug Enforcement
Administration has effectively restricted gov't-sanctioned growth of
marijuana which is necessary to gain the drug's approval as medicine.

Dec 16 - The US Drug Enforcement Administration has declined to grant a
Massachusetts University researcher permission to grow medical marijuana
for federally approved research. Advocates for the legalization of the drug
say the ruling has effectively "slammed the door" on efforts to win the
Food and Drug Administration's approval of marijuana as a medicine.

Dr. Lyle Craker, who heads the Medicinal Plant Program at the University of
Massachusetts - Amherst, had asked the DEA of three years ago for
permission to grow marijuana for distribution to researchers. Currently all
marijuana used for research must come from a Mississippi farm contracted by
the National Institute on Drug Abuse, and proponents of Craker's proposal
have said that supply from Mississippi has been inconsistent and the
potency of the drug questionable.

In its letter to Craker, the DEA said it found the amount supplied to
researchers by the Mississippi farm to be sufficient. It also said that it
did not find that granting the application was "consistent with the public
interest." The DEA additionally pointed to international regulations that
supposedly prohibit the US from licensing more than one marijuana
cultivation site. Finally, the agency noted its doubts that an increased
amount of marijuana for research and clinical trials is necessary, given
that marijuana in its smoked form "ultimately cannot be the permitted
delivery system for any potential marijuana medication." In the DEA's
estimate, the Food and Drug Administration will never approve smoked
marijuana, due to its potentially harmful effects and the difficulty of
measuring doses in that form.

Proponents of medical marijuana decried the decision. They said that by
refusing to license another, more reliable and potent marijuana source, the
DEA is putting up an insurmountable roadblock against anyone attempting to
go through the FDA approval process. The Marijuana Policy Project, which
advocates reform to the nation's marijuana laws, said that since the
Mississippi marijuana cannot be used for prescription sale, "FDA approval
of marijuana [is] effectively impossible unless an alternative source is
made available, since testing would need to be done on the same product
that is [to be] sold to patients." The group also accused the federal
government of stonewalling studies into other delivery technologies such as
vaporizers.

Advocates for medical marijuana use have been hoping the FDA will
eventually approve the drug, thereby protecting from federal prosecution
people who already use it to treat a variety of ailments including
glaucoma, cancer, chronic pain, multiple sclerosis and AIDS-related
symptoms -- often with the blessing of their own state's laws and on
doctors' orders.

"In the Supreme Court two weeks ago, Justice Breyer told two California
patients that they should go to the FDA to get marijuana approved as a
medicine, but now the DEA has slammed the door on that process," said Ron
Kampia, director of the Marijuana Policy Project, referring to a recent
case heard by the justice on whether the federal government can prosecute
people who are using marijuana in accordance to their own state's law.

"The DEA has proven that the system is rigged to make sure that marijuana
will never be approved by the FDA, because the DEA can always block the
research that the FDA needs," continued Kampia in a press statement. "The
DEA's decision means the only way to protect patients from arrest is
through state and federal legislation, and this adds new urgency to our
efforts in both Congress and the states. We expect legislators to move
quickly once they understand that, for the foreseeable future, legislative
action is the only way to keep cancer and AIDS patients out of jail."

Craker has the prerogative to appeal the DEA's decision.

 

 

 

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