Download Response to Senator Holmes

Kansas For Change, Inc. (KFCI) Rebuttal to Position Statement
NYS Environmental Prevention Task Force*
Position Statement on Medical Marijuana (1/1/13)
Contact Info: Co‐ Chairs Judi Vining [email protected]; Joyce Davis [email protected]
We are opposed to medical marijuana being put forth as a legislative issue. Medicines
are not defined by the legislature. In the United States, medications are approved by
the Federal Drug Administration (FDA). The process should be the same as any other
drug: clinical trials, recommendations for appropriate use and dosages. And, if
approved, the drug would be treated as any other medication and dispensed in a
pharmacy.
KFCI: We are opposed to medicines being defined by Legislators also. However
we are interested in your decision to refer to the FDA in maters of medical marijuana.
Your voting record appears to support states’ rights when it comes to firearms and
voting laws, why not marijuana? Marijuana regulation would be right in line with the
rest of the states and their challenges to States’ Rights vs. Federal Rights. This is after
all the same FDA that regulates Tobacco which is responsible for about 440,000
American deaths per year. This is the FDA that has a $4.7 billion budget with nearly $2
billion of its funding generated by user fees from pharmaceutical firms to expedite
drug reviews. Please direct your attention to the following link and compare the rates
of injury and death between marijuana and FDA approved drugs.
http://medicalmarijuana.procon.org/view.resource.php?resourceID=000145
As the statement clearly indicates, it is highly unusual to subject medication decisions
to legislative control. The accepted process for evaluating effectiveness, safety, and
other factors has been established and is carried out by the Food and Drug
Administration (FDA).
KFCI: We agree that it is highly unusual to subject medication decisions to
legislative control. For that reason we believe that it is important to clarify that you are
not being asked to make a medication decision. You are being asked to allow
physicians the freedom to make those medical decisions based on their professional
judgment and the needs of their patients without being subject to the intrusion of big
government. You are being asked to stop the costly enforcement of a federal law that
add to the state’s incarceration cost, without compensation. See SB9 page 1. 36 page 2. 8: “(e) States are not required to enforce federal law or prosecute people for
engaging in activities prohibited by federal law. Therefore, compliance with this act
does not put the state of Kansas in violation of federal law. (f) State law should make a
distinction between the medical and non-medical uses of cannabis. Hence, the
purpose of this act is to protect patients with debilitating medical conditions, as well
as their practitioners and providers, from arrest and prosecution, criminal and other
penalties, and property forfeiture if such patients engage in the medical use of
cannabis.”
The FDA uses a rigorous process of determining a particular drug’s effectiveness, which
has not yet been applied to marijuana. This process includes large, randomized,
Kansas For Change, Inc. (KFCI) Rebuttal to Position Statement
double‐ blind clinical trials, along with a risk‐ benefit analysis to determine if the benefits
outweigh the risks of a particular drug.
KFCI: This is a disingenuous position. The schedule 1 classification of marijuana
has prohibited fair and impartial study within the United States. Studies that have been
conducted outside the United States show great promise for the use of cannabis for
medical applications. FDA and DEA scheduling of marijuana prohibits the large
randomization, double-blind clinical trials, which would show if the benefits outweigh the
risk of a particular drug. It would be naive to assume that there aren’t billions of dollars
to be made breaking down the individual Cannabinoids and marketing them individually
or in combination once regulation occurs.
Furthermore, the FDA has not approved any medications that are smoked, primarily because smoking is
a poor way to deliver medicine. Morphine, for example has proven to be a medically valuable drug, but
the FDA does not endorse smoking opium or heroin. In fact, the scientific and medical communities have
determined that smoked marijuana is a health danger, not a cure. Smoked marijuana contains more than
400 different chemicals, including most of the hazardous chemicals found in tobacco smoke.
KFCI: While it may be true that the FDA has not approved any smoked
medications, it is also true that the FDA continues to merely regulate tobacco which is
known to kill a yearly average of 440,000 Americans. The authors of this statement have
also omitted any alternate applications of marijuana that do not require smoking as a
delivery method. This narrow and uninformed perspective with regard to Medical
Marijuana further illustrates the misinformation that continually hinders the process of
reform. Cannabis can be consumed in a variety of ways that are not addressed within
this position statement. The most common ways are to vaporize the flowers or buds with
low heat. Consumption through baked goods using infused oils or butters, tinctures,
teas, salves, balms and lotions are also common delivery methods for cannabis. We
must also take issue with the statement “In fact, the scientific and medical communities
have determined that is a health danger, and not a cure.” To present this statement as
“Fact” I believe some sort of supporting evidence would be appropriate. The link below
indicates that there is not scientific support for this statement.
http://www.ncbi.nlm.nih.gov/pubmed/23802821
Medical marijuana already exists in the form of Marinol. This FDA‐ approved pharmaceutical product, in
pill form, is widely available through prescription. The active ingredient is synthetic THC, and has been
found to relieve nausea and vomiting associated with chemotherapy and to assist with loss of appetite.
KFCI: The assertion stating “Medical marijuana already exists in the form of
Marinol” is not a true or factual statement. Medical marijuana refers to the sum of the
parts of the plant and the natural combination of its parts. Marinol (Synthetic THC) is but
one of the many naturally occurring chemicals that are contained within the cannabis
plant. The information provided in the previous paragraph accurately states, “Smoked
marijuana contains more than 400 different chemicals, including most of the hazardous
chemicals found in tobacco smoke.” If this is true, marijuana contains many of the same
chemical compounds as the tobacco that the FDA simply regulates and regularly allows
Americans to legally purchase and consume. Of those 400 naturally occurring chemical
compounds found in cannabis, one of the major contributors is Cannabidiol or (CBD)
representing up to 40% of the extracts contained within marijuana. There are at least 85
Kansas For Change, Inc. (KFCI) Rebuttal to Position Statement
different cannabinoids that have been identified within cannabis and each one exhibits
varied effects. Cannabinoids naturally interact with our cannabinoid receptors. These
receptors are present in plants humans and animals. Although THC is the most widely
identified of these cannabinoids, it is not the only active ingredient contained within
medical marijuana and to say so is inaccurate and misleading. Stating that THC is
medical marijuana is equivalent to placing a teaspoon of vanilla extract in a bowl and
claiming you made a cake. As far as Marinol being safe, we direct your attention to the
number of deaths from Marinol in comparison to deaths caused by marijuana.
http://medicalmarijuana.procon.org/view.resource.php?resourceID=000145
Permitting the use of medical marijuana affords the drug a degree of legitimacy it does not deserve.
Youth are especially vulnerable to the mixed messages sent by state medical marijuana programs. Of 11
states with medical marijuana laws by 1999, all ranked above the national average in the percentage of
persons 12 or older reporting past‐ month use of marijuana.
KFCI: Refusing to permit the use of regulated medical marijuana affords black
markets an environment in which to thrive and provide access to our children. Refusing
to permit the regulated use of medical marijuana burdens Kansas taxpayers $24,000 for
each individual we incarcerate. Since 59% of the Kansas prison population are drug
offenders, it stands to reason that regulation would lower our prison populations. There
are various studies with conflicting information and conclusions about how medical
marijuana will affect rates of use in youth.
Legalizing Marijuana Won’t Hurt Kids, Says RI Hospital Study
Wednesday, November 02, 2011
Will legalizing marijuana in Rhode Island increase use among youth? No, says a new
study out of Rhode Island Hospital.
Physician/researcher and lead author Esther Choo, MD, MPH, is presenting the findings of
the study today at the American Public Health Association Annual Meeting and Exposition.
Choo, an emergency medicine physician with Rhode Island Hospital, and her coauthors
explain that the state-level legalization of medical marijuana has raised concerns about
increased accessibility and appeal of the drug to youth, who are most vulnerable to public
messages about drug use and to the adverse consequences of marijuana. Their study was
performed to assess the impact of medical marijuana legalization in Rhode Island in 2006.
The researchers compared trends in adolescent marijuana use between Rhode Island and
Massachusetts using a self-report called the Youth Risk Behavioral Surveillance System.
In their study, they included surveys completed between 1997 and 2009. Based on their
analysis of 32,570 students, they found that while marijuana use was common throughout
the study period, there were no statistically significant differences in marijuana use
between states in any year.
Medical marijuana: no statistical threat to kids Choo says, “Our study did not find
increases in adolescent marijuana use related to Rhode Island’s 2006 legalization of
medical marijuana; however, additional research may follow future trends as medical
marijuana in Rhode Island and other states becomes more widely used.”
The study was funded by a grant from the Rhode Island Foundation. Choo’s principal
affiliation is Rhode Island Hospital, a member hospital of the Lifespan health system in
Rhode Island, and direct financial and infrastructure support for this project was received
Kansas For Change, Inc. (KFCI) Rebuttal to Position Statement
through the Lifespan Office of Research Administration. Choo also holds an academic
appointment, assistant professor of emergency medicine, at The Warren Alpert Medical
School of Brown University. Other researchers involved in the study with Choo include
Nicholas Zaller, Ph.D., of The Miriam Hospital and Alpert Medical School, Jason Mechan,
Ph.D., of Rhode Island Hospital and Alpert Medical School, Kristin Rising, M.D., of Boston
Medical Center, and John McConnell, Ph.D., of Oregon Health & Science University.
References:
Eddy, Mark. Medical Marijuana: Review and Analysis of Federal and State Polices. Published: April 2, 2010,
Accessed February 1, 2012. http://medicalmarijuana.procon.org/sourcefiles/
MedicalMarjiuanaStatePolicies040210.pdf.
Issue Briefing #4: Medical Marijuana. Council on Addictions of New York State, Inc. (CANYS). Revised October 10,
2009, accessed February 1, 2012. http://www.canys.net/images/
CannabisBrief%20‐ %20Final%20‐ %2010.10.09.pdf.
“Medical” Marijuana – The Facts. U.S. Drug Enforcement Administration. Accessed February 1, 2012.
http://www.justice.gov/dea/ongoing/marinol.html.
*The New York State Environmental Prevention Task Force has a state‐ wide constituency of over 90
community coalitions, prevention providers and others working together to address alcohol and drug policy
issues as they affect New York State youth.
KFCI: We would like you to keep in mind that your constituents are adults not youth as this
policy was intended. We pay taxes, work, raise families, go to church and we vote. The
position statement you have chosen to share is obviously in opposition of medical marijuana
and created by one of the many state organizations around the country who stand to gain
financially from such policies and the services provided to enforce them. Continuing to ignore
this important issue will not reduce marijuana use in the state by one person. It will however
leave many of your constituents exposed to the possibilities of arrest and property forfeiture for
seeking relief from painful and debilitating illnesses with marijuana. You have the ability as a
legislator to remove the criminal penalties for marijuana possession and we urge you to do so.