Oct03OPNews


	Oct03OPNews OPNews: October 2003 Edition A publication of the Ohio Patient Network (OPN).� Contact Jean Taddie, Editor editor@ohiopatient.net The following new items are included in this month's OPNews: ORGANIZATION NEWS: 1.� OPN Hosts Online Patient Forum from DPA Conference November 6 2.� George McMahon�s Battle for Justice in Ohio 3.� 15 Minute Mission of the Month 4.� OPN in the News 5.� Shop Online and Help OPN Support Patients 6.� OPN Annual Meeting Was Productive and Fun STATE NEWS: 7.� Helriggles Question Convict's Lie NATIONAL NEWS: 8.� Supreme Court Rejects Anti-Marijuana Case 9.� Marijuana Arrests Decline Slightly 10. Drug Czar Office Safe for Now 11. Sens. Kennedy, Kerry Support University of Massachusetts Marijuana Research Plan 12. Nebulized Marinol Offers Advantages Over Oral Pill, Study Says 13. FDA Grants "Fast Track" Status to Pot-Like Drug for Head Trauma INTERNATIONAL NEWS: 14. German Studies Support Use of Marijuana Extracts for Epilepsy, Pain 15. Ottawa's Pot Rules Unconstitutional, Court Rules The following items are included in every OPNews: * OPNews Disclaimer * You Are Invited to OPN Meetings * Help the OPN Support Patients * How to Get Your Information in OPNews * How to be Removed from the OPNews List * How to Contact Your State Representative and Senator ************************************************* *********************************************** 1. OPN HOSTS ONLINE PATIENT FORUM FROM DPA CONFERENCE NOVEMBER 6 By Rob Ryan, OPN Secretary During the first week of November a large gathering of citizens concerned with the War on Drugs are meeting at the Drug Policy Alliance (DPA) conference. This conference, which represents the largest gathering of reformers in the United States, will take place from November 5th to the 8th in the Meadowlands of New Jersey. The mix of people will range from street activist to elected representatives. The wide spectrum of concerns and issues represented at this conference will be an impressive demonstration of cooperation and unity among the multiple facets of drug law reform. Representatives of the Ohio Patient Network (OPN) will be attending this conference to listen and to speak on medical marijuana. Since the conference falls on the date of our online monthly patient forum, we will attempt to initiate the forum from the DPA conference. We will bring you some of the leaders in the field who are attending the conference. At the time of this writing, we cannot predict exactly who we will have online, but we will attempt to bring a few special guests to the forum who have a medical marijuana focus. Do not be surprised if some other facets of the war on drugs comes out in our discussions. KR "Doc" Miller and I will be at the conference helping to bring this together, along with Don Wirthshafter, who will be providing the electronic link back to Ohio. So make sure your PalTalk software is set up and tuned in Thursday the 6th. The room will be open at 8:30 for microphone sound checks. Please see the links below for more details. OPN Patient Forum information http://www.ohiopatient.net/Events.htm DPA Conference details http://www.drugpolicy.org/events/dpa2003/ PalTalk instructions http://ohiopatient.net/Paltalk_instructions.htm *********************************************** 2. GEORGE MCMAHON�S BATTLE FOR JUSTICE IN OHIO By Joseph Zoretic (Columbus, OH)� October 14 was supposed to be the date of a legislative briefing that could build support for an acceptable medical marijuana law in Ohio.� Instead the briefing has been delayed because our over-zealous State Highway Patrol has threatened to arrest the key speaker. Members of Ohio�s 125th General Assembly were to be educated by George McMahon, who is one of seven patients to receive marijuana from the federal government, and his biographer, Christopher Largen. George has been receiving 300 government approved �joints� from Uncle Sam legally for years now through the government�s IND (Investigational New Drug) program.� The program was closed by the Bush administration in 1992 to avert thousands of applications from spinal cord injury and AIDS patients. Shortly after the release of their book �Prescription Pot: A Leading Advocate�s Heroic Battle to Legalize Medical Marijuana,� they read about how Ohio was having trouble with the passage of acceptable legislation in an article that appeared in the Columbus area newspaper The Other Paper on Thursday, September 4.� The original article, which can be viewed at: http://www.mapinc.org/drugnews/v03/n1336/a04.html explains how the conservative lawmakers that dominate Ohio politics have made it nearly impossible to pass a law that protects medical marijuana patients. Christopher Largen contacted Kenneth Carano, a compassionate Democrat from the Youngstown area, and the Ohio Patient Network, asking if there was anything he and George could do to help.� They offered to come all the way from their home state of Texas to educate our legislators, who are mostly Republicans, about the benefits of marijuana compared to its legal alternative, Marinol. Kenneth Carano and his Legislative Aide, Sara Hall Phillips, set up the educational briefing to answer any medical marijuana questions that the General Assembly might have. Many of the Representatives who signed up for the briefing were extremely interested that they would be meeting an actual patient who has the blessings of the federal government to use cannabis as a medicine. Unfortunately, our State Highway Patrol was not so favorable.� You see, a big part of George�s philosophy is to be discrete about his smoking, and he is certainly not the type to flaunt his use in public. This being the case, George had requested a room away from the public, even a broom closet if necessary, to use his medication and be as discrete as possible.� For some reason, the statehouse asked for approval from the highway patrol, who threatened to arrest George if he brought his medicine into the state. One of the rules of the IND program requires the patient to be in control of his prescription at all times.� His full prescriptions weight is 271.14 grams, which is a felony according to Ohio law.� OPN�s legal counsel, Don Wirtshafter, responded to the Patrol�s threats by clarifying that Ohio Revised Code section 3719.09 makes possession of all controlled substances illegal but then excepts patients with a legal prescription from these prohibitions of the controlled substances act.� In other words, George and his medicine are completely legal under federal AND state law. Unfortunately, the briefing has been delayed due to a slow response by the Attorney General�s office, which has yet to give a written decision and explanation on George McMahon�s impending visit to our state. George and Chris are more determined than ever to visit Ohio and educate representatives that cannabis is a cheaper and more effective medicine than its counterpart Marinol, a $15 pill that is not only hard to swallow but also hard to keep down.� If you would like to learn more about George McMahon�s story, then I would highly recommend purchasing the book, �Prescription Pot: A Leading Advocate�s Heroic Battle to Legalize Medical Marijuana.� If you would like to read a nice review of the publication, check out http://www.mapinc.org/drugnews/v03/n1458/a07.html?204 NOTE:� To follow all the news about George McMahon, see http://www.mapinc.org/people/George+McMahon *********************************************** 3. 15 MINUTE MISSION OF THE MONTH By Deirdre Zoretic, Director of Patient Advocacy I would first like to thank everyone who elected me to stay in my current position with this organization.� This is a duty that I have never taken lightly.� I am honored to have been trusted with leading us all to an era of non-harassment.� I hope to live up to the expectations that you all have for me. Part of living up to that expectation is knowing what you want me to do to help you.� Part of the position also includes letting you know what needs to be done, and when.� We are patients, we are sick; doing anything requires a lot for most of us.� So, we must rely on our strengths to out-weigh our weaknesses.� One of these strengths is our numbers.� We have more than tripled our membership in the last year.� If we could all commit ourselves to doing just one 15 minute (or less) job every month, we will have the laws that our health requires. I have a test for my theory.� I would like you all to participate.� I am going to give you the opportunity to prove me wrong.� (And if you prove me wrong, I will get off your back about doing stuff for a while, OK?) This month, we are going to call, write, email, and fax the Attorney General�s office.� As you have read in the story by my husband, Joe Zoretic, you should be aware of the problems that two friends of OPN are facing.� They are only facing these problems because they are trying to help us.� We want the Attorney General to know that NO ONE has the right to stop citizens of our country from traveling freely throughout the United States.� NO ONE has the right to try to squelch the first amendment rights of our friends, or any one else.� Please!!� Get in touch with the Attorney General�s office and let them know that we are watching them.� Their actions do not go unnoticed.� This will not happen quietly. Thank you for time and effort.� I know how difficult it can be.� Contact information follows: Ohio Attorney General Jim Petro State Office Tower 30 E. Broad Street, 17th Floor Columbus, OH 43215-3428 (614) 466-4320 Executive Assistant, Melissa Vasil Website and email info: http://www.ag.state.oh.us/contact/contact.htm *********************************************** 4. OPN IN THE NEWS Most of OPN�s news coverage this month centered around the staff briefing that didn�t happen yet.� As reported above, George McMahon and Christopher Largen were planning to come to Ohio for the meeting. The delayed briefing was first reported in �1 TOKE OVER THE LINE AT HEARING?� which ran October 11 in the Cleveland Plain Dealer.� See� http://www.mapinc.org/drugnews/v03/n1561/a06.html for the archived article, which trivialized the plight of patients and also made a factual error (reporting that George receives only 10 joints a month).� The P.D. printed a correction on October 14. Chris Largen quickly crafted a letter to the editor.� On October 24, the P.D. ran his letter and a letter from Theresa Cohen, R.N. under the heading �EDUCATING LEGISLATORS ABOUT THE BENEFITS OF POT.�� You can view these LTEs at http://www.mapinc.org/drugnews/v03/n1677/a04.html and http://www.mapinc.org/drugnews/v03/n1677/a05.html respectively. The delayed briefing story was also picked up by The Athens News, which ran the article �PROSPECTS DON'T LOOK GOOD FOR MEDICINAL MARIJUANA STATUTE� http://www.mapinc.org/drugnews/v03/n1596/a05.html on October 16.� The Athens News also ran a LTE from Sandy Cote, co-founder of the Ohio Marijuana Party PAC, on October 1.� The letter, titled �STATE OF OHIO IS ROWING AGAINST THE TIDE WITH MEDICINAL POT,� is archived at http://www.mapinc.org/drugnews/v03/n1631/a09.html *********************************************** 5. SHOP ONLINE AND HELP OPN SUPPORT PATIENTS By K R �Doc� Miller, OPN Director of Development The Ohio Patient Network has teamed up with iGive.com online charity shopping mall.� iGive.com enables you to shop online at hundreds of merchants and simultaneously support charitable causes, such as the Ohio Patient Network.� Up to 25 percent or more of every purchase is donated to the OPN at no extra cost. I have found iGive.com to be an excellent and nearly effortless way to raise needed funds.� Many of our supporters are already shopping online.� Now when you shop through the Mall at iGive.com, everything you buy � from CDs, books, toothpaste to computers � helps OPN.� We�re excited about the continued funds this technology and iGive.com will help us raise for medical cannabis patients. Robert Grosshandler, founder and chief executive officer of iGive.com states:� �We�re delighted that the Ohio Patient Network is utilizing iGive.com and the information age to help medical cannabis patients.� The OPN benefits from supporters� online shopping, and shoppers benefit from the ability to help causes close to their hearts and homes.� iGive.com�s mission is to provide a reliable, valuable, secure and easy-to-use tool to help individuals support their favorite causes.� iGive.com is the Internet�s first venture for turning online shopping into a vehicle for charitable giving.� In addition to supporting any cause you wish, you can also track, directly on the site, your individual donations to your causes and the total amount your causes have raised.� For more information or to register with iGive.com, visit www.iGive.com/OPN . *********************************************** 6. OPN ANNUAL MEETING WAS PRODUCTIVE AND FUN By John Precup, OPN President (Lodi, OH)� This year�s annual meeting on October 4th was the best yet.� Over 25 people attended, and at least 3 sister organizations were represented. The afternoon began with setup and networking.� It was a great chance to share ideas with other activists and patients.� Special thanks go to Cher Neufer of North Ohio NORML for offering the use of her facilities and to K.R. �Doc� Miller for coordinating the event. I started the business meeting a little after 4:00 p.m. by welcoming everyone who attended.� The first item was to elect this year�s board members.� The following people were elected: John Precup - President Jim White - Vice President Mary Jane Borden - Treasurer Robert Ryan - Secretary Deirdre Zoretic - Director of Patient Advocacy K.R. �Doc� Miller - Director of Development Norman Jentner - Director of Public Health Next, each of the board members gave reports about the latest news from their respective committees.� After an open discussion, we ended the meeting around 6:00 p.m. Once the business part of the day was over, we enjoyed a potluck dinner.� Everyone brought their specialty, and a wonderful meal was had by all.� Next came the door prizes. Thanks again to Doc Miller, who obtained a table full of donations from Puff-N-Stuff and Cloud Nine stores in Columbus. As the evening got cooler, the bon fire grew more and more inviting.� Many people were drawn to the fire to discuss future plans. Thanks to the help and involvement of many people, the annual meeting was a productive and fun event. *********************************************** 7. HELRIGGLES QUESTION CONVICT'S LIE Source: Dayton Daily News http://www.activedayton.com/partners/ddn/ , October 27, 2003.� The whole article is archived at: http://www.mapinc.org/drugnews/v03/n1677/a03.html By Mary McCarty ...The Montgomery County Sheriff's Office [recently released the files of an] investigation into the shooting death of 23-year-old, Clayton Helriggle, in a 2002 raid on a Preble County farmhouse. The report is an administrative review of the practices and training of the Preble County sheriff's now-disbanded regional SWAT team. There it is, in black and white, on page 21 of the 31-page report: Kevin Leitch - convicted felon, burglar and a key witness in the case - told investigators he mistakenly told a Greene County grand jury that Clayton Helriggle was the one selling drugs from the house. The grand jury did not issue any indictments against the officers or the farmhouse residents. "That part of the report upset us greatly," Mrs. Helriggle said. "I don't know if it would have changed the outcome of the grand jury, and we'll probably never know." "My war cry [is] - 'Justice for Clayton,' " Mrs. Helriggle said. "He deserves to have his name cleared." After reading the report, she also was stunned by the near-total silence from the officers involved in the raid. Acting on the advice of their lawyers, they refused to be interviewed by their brother officers in Montgomery County. "When I first saw the report I was thoroughly disgusted," Sharon Helriggle said. "But it has stirred things back up. People are mad because the police won't cooperate. It makes the public wonder if they do have something to hide." Preble County Sheriff Thomas Hayes declined comment because of the civil lawsuit the Helriggles filed in federal court last month against Preble County and 20 individuals involved in the raid, claiming wrongful death and violation of their son's civil rights. Suzanne Schmidt, first assistant Greene County prosecutor, said Friday that she and Greene County Prosecutor William Schenck plan to review the report closely as well as speak with the Montgomery County investigators. "Bill and I will take a look at this report and see if anything further needs to be done," Schmidt said. It has been more than a year now since the chaotic raid, during which Lewisburg police Sgt. Kent Moore shot Helriggle as Helriggle descended the back stairway to the kitchen. A previous Montgomery County investigation concluded Helriggle was carrying a 9 mm handgun (a claim the Helriggles continue to dispute). ************************************************* 8. SUPREME COURT REJECTS ANTI-MARIJUANA CASE Source: Associated Press (Wire), October 14, 2003.� The entire article is archived at http://www.mapinc.org/drugnews/v03/n1582/a03.html By Gina Holland (Washington, DC)� The Supreme Court rejected an appeal that jeopardized state medical marijuana laws that allow ill patients to smoke pot if they get a doctor's recommendation. Justices turned down the Bush administration's request to consider whether the federal government can punish doctors for recommending or perhaps even talking about the benefits of the drug to sick patients. An appeals court said they cannot. Nine states have laws legalizing marijuana for patients with physician recommendations or prescriptions: Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington, and 35 states have passed legislation recognizing marijuana's medicinal value. But federal law bans the use of pot under any circumstances. The case gave the court an opportunity to review its second medical marijuana case in two years. The last one involved cannabis clubs. This one presented a more difficult issue, pitting free-speech rights of doctors against government power to keep physicians from encouraging illegal drug use. A ruling for the administration would have made the state medical marijuana laws unusable. Some California doctors and patients, in filings at the Supreme Court, compared doctor information on pot to physicians' advice on "red wine to reduce the risk of heart disease, Vitamin C, acupuncture, or chicken soup." The administration, which has taken a hard stand against the state laws, argued that public heath -- not the First Amendment free-speech rights of doctors or patients -- was at stake. [snip] NOTES:� More articles about the Walters v. Conant case are archived at: http://www.mapinc.org/topics/Conant PBS�s Gwen Ifill got two perspectives on the supreme court decision from Rob Kampia, director of the Marijuana Policy Project, and Dr. Andrea Barthwell, deputy director of the White House Office of National Drug Control Policy.� Listen to the RealAudio recording at http://www.pbs.org/newshour/bb/law/supreme_court/ The Chicago Sun-Times� compelling editorial U.S. ON THE WRONG SIDE OF MEDICAL MARIJUANA BATTLE at http://www.mapinc.org/drugnews/v03/n1591/a07.html is also worth checking out. ************************************************** 9. MARIJUANA ARRESTS DECLINE SLIGHTLY Source:� Marijuana Policy Project October 27, 2003 press release http://www.mpp.org/releases/nr102703.html (Washington, DC)� The FBI reported today that 697,082 Americans were arrested on marijuana charges in 2002, a slight decline from 723,627 marijuana arrests in 2001. Similar to past years, 88 percent of marijuana arrests were for simple possession, not sale or manufacture, according to the just-released report, Crime in the United States: 2002� Robert Kampia, executive director of the Marijuana Policy Project in Washington, D.C., noted that the U.S. is increasingly out of step with the rest of the world on marijuana policy. "Nation after nation has looked at the facts and concluded that it makes no sense to arrest responsible, adult marijuana users," Kampia said. Spain and Italy stopped arresting their citizens for personal possession of marijuana in the 1990s, and Portugal and Luxembourg did the same in 2001 and 2002, respectively. Belgium and Great Britain moved to end marijuana arrests this year, and now Canada is considering similar action. Many of these countries have acted on the recommendations of scientific experts. For example, the British government's Advisory Council on the Misuse of Drugs concluded in 2002 that "the high use of cannabis is not associated with major health problems for the individual or society." U.S. officials, in contrast, have brushed aside such findings. Under U.S. law, marijuana is classified with heroin and LSD as a drug that is too dangerous to be used even under a doctor's supervision. Marijuana is classified as more dangerous than morphine, cocaine, and methamphetamine, all of which physicians are permitted to prescribe. [snip] ************************************************* 10. DRUG CZAR OFFICE SAFE FOR NOW House Votes for Five More Years of Same Old Drug War, Senate Vote Pending Source:� Drug War Chronicle #305, October 3, 2003 http://stopthedrugwar.org/chronicle/305/fivemoreyears.shtml (Washington, DC)� On a voice vote and with limited debate, the US House of Representatives voted Tuesday to authorize the Office of National Drug Control Policy (http://www.whitehousedrugpolicy.gov) for five more years. The reauthorization vote granted approval of existing programs directed by ONDCP, including the High Intensity Drug Trafficking Area (HIDTA) program, which funnels federal dollars into locales designated as special problems, and the drug czar's controversial media campaign, which has attempted, among other things, to persuade young people not to smoke pot because they would be aiding terrorists. ONDCP is the lead federal agency in setting drug policy and fighting off opposition to the drug war. Drug war opponents were able to win only changes at the margins -- notably overturning the ban on using HIDTA funds for drug use prevention -- but also managed to win some small skirmishes during earlier votes in the House Judiciary and Government Operations committees. Among the victories were reform of the Higher Education Act's (HEA) anti-drug provision and blocking proposals that would have allowed the drug czar to use the ONDCP media campaign for attack ads against political opponents. Congressional reformers also blocked him from moving HIDTA funds from law enforcement in states with medical marijuana laws to the DEA. The measure now moves to the Senate, where reformers have vowed to continue to fight for a better bill. *********************************************** 11. SENS. KENNEDY, KERRY SUPPORT UNIVERSITY OF MASSACHUSETTS MARIJUANA RESEARCH PLAN Proposal Would Break DEA Monopoly on Marijuana for Research Source:� Marijuana Policy Project October 23 press release http://www.mpp.org/releases/nr102303.html (Washington, DC)� Both U.S. senators from Massachusetts, Edward M. Kennedy and John F. Kerry, have asked the U.S. Drug Enforcement Administration to approve a groundbreaking proposal from the University of Massachusetts Amherst to manufacture marijuana for FDA-approved medical marijuana research. At present, all U.S. medical marijuana researchers are required to obtain marijuana for medical studies from the National Institute on Drug Abuse. NIDA's marijuana, grown on a farm in Mississippi, has been criticized for its poor quality, and many observers have complained that NIDA has made it unnecessarily difficult to obtain marijuana for research, impeding studies that could document medical benefits. In an Oct. 20 letter to DEA Administrator Karen Tandy, Sens. Kennedy and Kerry criticized NIDA's "unjustified monopoly on the production of marijuana for legitimate medical research." They noted, "Federal law makes clear that the... bulk manufacture of Schedule I and II substances must be provided `under adequately competitive conditions.'... The current lack of such competition may well result in the production of lower-quality research-grade marijuana, which in turn jeopardizes important research." Kerry is considered one of the leading contenders for the Democratic presidential nomination. [snip] NOTE:� Let the drug czar�s office know how you feel.� Send a letter through the Drug Policy Alliance�s Action Center at:� http://actioncenter.drugpolicy.org/action/index.asp?step=2&item=11290 *********************************************** 12. NEBULIZED MARINOL OFFERS ADVANTAGES OVER ORAL PILL, STUDY SAYS Source:� NORML News, October 22, 2003 http://www.norml.org/index.cfm?Group_ID=5795 (Tampa, FL) �Pulmonary administration of synthetic THC is faster acting and delivers greater concentrations of the drug than does oral administration of the Marinol pill, according to clinical trial data presented at the 32nd Annual Meeting of the American College of Clinical Pharmacology. Peak plasma concentrations of the drug were achieved in volunteers who inhaled THC within 15 to 30 minutes versus 45 minutes to 2 hours for those administered the drug orally. Volunteers who inhaled THC also had lower plasma concentrations of the 11-OH-dronabinol metabolite, a psychoactive compound produced by the liver when THC is ingested. Through pulmonary delivery, THC "will be able to reach the systemic circulation quickly while bypassing first-pass metabolism, resulting in a rapid onset of action," lead researcher Jodi Miller of Solvay Pharmaceuticals said. "Higher bioavailablity may lead to lower therapeutic doses which may decrease adverse events." Though Marinol has been legal in the US since 1985, many patients report that they prefer whole smoked marijuana because it's faster acting, easier to titrate, and less psychoactive than the oral pill. *********************************************** 13. FDA GRANTS "FAST TRACK" STATUS TO POT-LIKE DRUG FOR HEAD TRAUMA Source:� NORML News, October 2, 2003 http://www.norml.org/index.cfm?Group_ID=5762 (Iselin, NJ) �The US Food and Drug Administration (FDA) will review the efficacy of the synthetic marijuana derivative Dexanabinol for the treatment of Traumatic Brain Injury (TBI) on an accelerated basis, the Pharmos pharmaceutical company announced this week. The FDA grants so-called "fast track" status to drugs intended to treat life-threatening conditions for which no approved therapies exist. Fast track status allows companies to submit their clinical data to the FDA in stages while trials remain ongoing. Dexanabinol is currently being tested in advanced Phase III clinical trials in the US and Europe. A previous Phase II trial by Pharmos of 67 Israeli patients found that Dexanabinol reduced mortality and eased intracranial pressure in patients suffering from severe head injuries. ************************************************* 14. GERMAN STUDIES SUPPORT USE OF MARIJUANA EXTRACTS FOR EPILEPSY, PAIN Source:� Drug Policy News, October 6, 2003 http://www.drugpolicy.org/news/10_06_03german_epilepsy_pain.cfm Two new German studies provide more evidence for the medical uses of marijuana. According to the BBC News Online, researchers at the Max-Planck Institute � who have been seeking ways to prevent epileptic seizures � report that �natural brain chemicals which resemble cannabis extracts can interrupt a process which can trigger a seizure.� The compounds act to reduce the excitability of brain cells common in epilepsy sufferers. Max-Planck researchers called the cannabis compounds a �promising therapeutic target� in the search to develop effective drugs to fight epilepsy. In the second study, chronic-pain researchers at the Hannover Medical School found that �a synthetic version of one of many marijuana compounds safely reduced chronic nerve pain without impairing thinking and behavior.� Previous research into the compound, CT-3, has already shown it to be an effective anti-inflammatory and pain reducer. [snip] NOTE:� For more information, see October 4 BBC News article CANNABIS 'COULD HELP EPILEPTICS' which is archived at http://www.mapinc.org/drugnews/v03/n1520/a03.html October 8 NORML News story POT CHEMICAL SIGNIFICANTLY REDUCES CHRONIC PAIN IN HUMANS, STUDY SAYS at http://www.norml.org/index.cfm?Group_ID=5775 *************************************************** 15. OTTAWA'S POT RULES UNCONSTITUTIONAL, COURT RULES Source: Globe and Mail (Canada) http://www.globeandmail.ca/ , October 7, 2003. View the whole article at: http://www.mapinc.org/drugnews/v03.n1533.a12.html By Kirk Makin A federal scheme that supplies marijuana to those with serious medical problems unconstitutionally forces users into the black market to obtain a reliable supply, the Ontario Court of Appeal has ruled. The court said the current federal licensing scheme obliges those who are ill to act like criminals, obtaining illicit supplies "with all the risks of tainted product this presents. "Exposing these individuals to these risks does not advance the objective of public health and safety," it said in a 3-0 ruling. "Rather, it is contrary to it. Equally, driving business to the black market is contrary to better narcotic drug control." The court stopped short, however, of striking down the entire scheme. It opted to tinker with the law to make it comply with the constitutional right to life, liberty and security of the person. The ruling effectively forces the government to make it easier to grow and supply licenced marijuana to medicinal users, while at the same time upholding the laws prohibiting pot possession. It ends a period of chaos in which police essentially stopped enforcing the marijuana possession law because of conflicting rulings as to its validity... Specifically, the ruling removed: * The need for a second physician to endorse a patient's application to receive medical marijuana... * A restriction that prevents designated, licenced growers from receiving compensation for supplying marijuana to sick people eligible to receive it. * A provision that prevents licensed growers from raising marijuana for more than one person. * A prohibition against licensed growers' producing marijuana in common with more than two other growers. [snip] NOTES:� Links to the court decisions are at http://cannabislink.ca/legal/#legalcases For the latest news on medical marijuana in Canada, see: http://www.mapinc.org/mjcn.htm ************************************************* *********************************************** *********************************************** The following items are included in every OPNews: *********************************************** OPNews DISCLAIMER OPNews, a publication of Ohio Patient Network (OPN), provides medical cannabis news that affects Ohio patients, caregivers, and health professionals.� All articles are intended for educational purposes and do not reflect an official position, either positive or negative, by the OPN or its Board of Directors.� Ohio Patient Network does not endorse any candidates running for office. The reports of campaign-related activities are for educational purposes only. For more information, contact Jean Taddie, Editor editor@ohiopatient.net . *********************************************** YOU ARE INVITED TO OPN MEETINGS The OPN Board of Directors invites you to participate in OPN patient forums, which are held at 7:30 p.m. (eastern time) the first Thursday of each month.� You are also welcome to attend the weekly OPN business meetings.� These electronic voice/text meetings are held at the OPN chatroom in PalTalk http://www.paltalk.com/ .� To receive further information, including instructions for the PalTalk meeting room, contact info@ohiopatient.net . *********************************************** HELP THE OPN SUPPORT PATIENTS The Ohio Patient Network's goal is to provide a voice for Ohio's medicinal cannabis patients and create an environment where this vital medicine becomes an accepted and legitimate therapy. To do this, we need your help. We'd like you to personally become involved in OPN by donating your time.� Please check out our various committees and activities at http://www.ohiopatient.net/Get_involved.htm. Respond with your interest to our Membership Coordinator, Doc Miller, at KRMiller@OhioPatient.net. If you'd prefer, you can also support medicinal cannabis and what we are doing by contributing monetarily to OPN. Please note that the Ohio Patient Network is a 501(c)(3) non-profit corporation in the State of Ohio.� Donations to OPN are tax deductible to the extent provided by law. Please visit our donations page at http://www.ohiopatient.net/Donate.htm to make a contribution using your credit card. Please note that these donations will be processed through Paypal. If you would prefer to donate by check or money order, please make them payable to the "Ohio Patient Network" and mail to P.O. Box 26353, Columbus, OH 43216. Thank you for supporting the Ohio Patient Network. *********************************************** HOW TO GET YOUR INFORMATION IN OPNews OPNews is published monthly.� To have your information considered for publication, submit your story to editor@ohiopatient.net . PLEASE DO NOT SEND ATTACHMENTS.� Please do not boldface or italicize text.� Include a contact name with a phone number and/or e-mail address with submissions. *********************************************** HOW TO BE REMOVED FROM THE OPNews LIST You may sign off this list at any time by using the webform at http://www.ohiopatient.net/Become_an_OPN_member.htm . ************************************************* HOW TO CONTACT YOUR STATE REPRESENTATIVE AND SENATOR Find your Representative in the Ohio House at http://www.house.state.oh.us/jsps/Representatives.jsp . Find your Ohio Senator at http://www.senate.state.oh.us/senators/ . Write to your officials care of their district office, or send your letter to their Columbus office at: The Honorable (name) Ohio House of Representatives 77 South High Street Columbus, Ohio 43266-0603 -or- The Honorable (name) Ohio Senate Building Columbus, Ohio 43215 Telephone calls and emails are also persuasive, especially when the constituent contacts the district office.

OPNews: October 2003 Edition

A publication of the Ohio Patient Network (OPN).�

Contact Jean Taddie, Editor editor@ohiopatient.net

The following new items are included in this month's OPNews:

ORGANIZATION NEWS:

1.� OPN Hosts Online Patient Forum from DPA Conference November 6

2.� George McMahon�s Battle for Justice in Ohio

3.� 15 Minute Mission of the Month

4.� OPN in the News

5.� Shop Online and Help OPN Support Patients

6.� OPN Annual Meeting Was Productive and Fun

STATE NEWS:

7.� Helriggles Question Convict's Lie

NATIONAL NEWS:

8.� Supreme Court Rejects Anti-Marijuana Case

9.� Marijuana Arrests Decline Slightly

10. Drug Czar Office Safe for Now

11. Sens. Kennedy, Kerry Support University of Massachusetts Marijuana Research Plan

12. Nebulized Marinol Offers Advantages Over Oral Pill, Study Says

13. FDA Grants "Fast Track" Status to Pot-Like Drug for Head Trauma

INTERNATIONAL NEWS:

14. German Studies Support Use of Marijuana Extracts for Epilepsy, Pain

15. Ottawa's Pot Rules Unconstitutional, Court Rules

The following items are included in every OPNews:

* OPNews Disclaimer

* You Are Invited to OPN Meetings

* Help the OPN Support Patients

* How to Get Your Information in OPNews

* How to be Removed from the OPNews List

* How to Contact Your State Representative and Senator

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1. OPN HOSTS ONLINE PATIENT FORUM FROM DPA CONFERENCE NOVEMBER 6

By Rob Ryan, OPN Secretary

During the first week of November a large gathering of citizens concerned with the War on Drugs are meeting at the Drug Policy Alliance (DPA) conference. This conference, which represents the largest gathering of reformers in the United States, will take place from November 5th to the 8th in the Meadowlands of New Jersey. The mix of people will range from street activist to elected representatives. The wide spectrum of concerns and issues represented at this conference will be an impressive demonstration of cooperation and unity among the multiple facets of drug law reform.

Representatives of the Ohio Patient Network (OPN) will be attending this conference to listen and to speak on medical marijuana.

Since the conference falls on the date of our online monthly patient forum, we will attempt to initiate the forum from the DPA conference. We will bring you some of the leaders in the field who are attending the conference. At the time of this writing, we cannot predict exactly who we will have online, but we will attempt to bring a few special guests to the forum who have a medical marijuana focus. Do not be surprised if some other facets of the war on drugs comes out in our discussions.

KR "Doc" Miller and I will be at the conference helping to bring this together, along with Don Wirthshafter, who will be providing the electronic link back to Ohio.

So make sure your PalTalk software is set up and tuned in Thursday the 6th. The room will be open at 8:30 for microphone sound checks. Please see the links below for more details.

OPN Patient Forum information

http://www.ohiopatient.net/Events.htm

DPA Conference details

http://www.drugpolicy.org/events/dpa2003/

PalTalk instructions

http://ohiopatient.net/Paltalk_instructions.htm

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2. GEORGE MCMAHON�S BATTLE FOR JUSTICE IN OHIO

By Joseph Zoretic

(Columbus, OH)� October 14 was supposed to be the date of a legislative briefing that could build support for an acceptable medical marijuana law in Ohio.� Instead the briefing has been delayed because our over-zealous State Highway Patrol has threatened to arrest the key speaker.

Members of Ohio�s 125th General Assembly were to be educated by George McMahon, who is one of seven patients to receive marijuana from the federal government, and his biographer, Christopher Largen.

George has been receiving 300 government approved �joints� from Uncle Sam legally for years now through the government�s IND (Investigational New Drug) program.� The program was closed by the Bush administration in 1992 to avert thousands of applications from spinal cord injury and AIDS patients.

Shortly after the release of their book �Prescription Pot: A Leading Advocate�s Heroic Battle to Legalize Medical Marijuana,� they read about how Ohio was having trouble with the passage of acceptable legislation in an article that appeared in the Columbus area newspaper The Other Paper on Thursday, September 4.� The original article, which can be viewed at: http://www.mapinc.org/drugnews/v03/n1336/a04.html explains how the conservative lawmakers that dominate Ohio politics have made it nearly impossible to pass a law that protects medical marijuana patients.

Christopher Largen contacted Kenneth Carano, a compassionate Democrat from the Youngstown area, and the Ohio Patient Network, asking if there was anything he and George could do to help.� They offered to come all the way from their home state of Texas to educate our legislators, who are mostly Republicans, about the benefits of marijuana compared to its legal alternative, Marinol.

Kenneth Carano and his Legislative Aide, Sara Hall Phillips, set up the educational briefing to answer any medical marijuana questions that the General Assembly might have. Many of the Representatives who signed up for the briefing were extremely interested that they would be meeting an actual patient who has the blessings of the federal government to use cannabis as a medicine.

Unfortunately, our State Highway Patrol was not so favorable.� You see, a big part of George�s philosophy is to be discrete about his smoking, and he is certainly not the type to flaunt his use in public. This being the case, George had requested a room away from the public, even a broom closet if necessary, to use his medication and be as discrete as possible.� For some reason, the statehouse asked for approval from the highway patrol, who threatened to arrest George if he brought his medicine into the state.

One of the rules of the IND program requires the patient to be in control of his prescription at all times.� His full prescriptions weight is 271.14 grams, which is a felony according to Ohio law.� OPN�s legal counsel, Don Wirtshafter, responded to the Patrol�s threats by clarifying that Ohio Revised Code section 3719.09 makes possession of all controlled substances illegal but then excepts patients with a legal prescription from these prohibitions of the controlled substances act.� In other words, George and his medicine are completely legal under federal AND state law.

Unfortunately, the briefing has been delayed due to a slow response by the Attorney General�s office, which has yet to give a written decision and explanation on George McMahon�s impending visit to our state.

George and Chris are more determined than ever to visit Ohio and educate representatives that cannabis is a cheaper and more effective medicine than its counterpart Marinol, a $15 pill that is not only hard to swallow but also hard to keep down.�

If you would like to learn more about George McMahon�s story, then I would highly recommend purchasing the book, �Prescription Pot: A Leading Advocate�s Heroic Battle to Legalize Medical Marijuana.� If you would like to read a nice review of the publication, check out http://www.mapinc.org/drugnews/v03/n1458/a07.html?204

NOTE:� To follow all the news about George McMahon, see http://www.mapinc.org/people/George+McMahon

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3. 15 MINUTE MISSION OF THE MONTH

By Deirdre Zoretic, Director of Patient Advocacy

I would first like to thank everyone who elected me to stay in my current position with this organization.� This is a duty that I have never taken lightly.� I am honored to have been trusted with leading us all to an era of non-harassment.� I hope to live up to the expectations that you all have for me.

Part of living up to that expectation is knowing what you want me to do to help you.� Part of the position also includes letting you know what needs to be done, and when.� We are patients, we are sick; doing anything requires a lot for most of us.� So, we must rely on our strengths to out-weigh our weaknesses.� One of these strengths is our numbers.� We have more than tripled our membership in the last year.� If we could all commit ourselves to doing just one 15 minute (or less) job every month, we will have the laws that our health requires.

I have a test for my theory.� I would like you all to participate.� I am going to give you the opportunity to prove me wrong.� (And if you prove me wrong, I will get off your back about doing stuff for a while, OK?)

This month, we are going to call, write, email, and fax the Attorney General�s office.� As you have read in the story by my husband, Joe Zoretic, you should be aware of the problems that two friends of OPN are facing.� They are only facing these problems because they are trying to help us.�

We want the Attorney General to know that NO ONE has the right to stop citizens of our country from traveling freely throughout the United States.� NO ONE has the right to try to squelch the first amendment rights of our friends, or any one else.� Please!!� Get in touch with the Attorney General�s office and let them know that we are watching them.� Their actions do not go unnoticed.� This will not happen quietly.

Thank you for time and effort.� I know how difficult it can be.� Contact information follows:

Ohio Attorney General Jim Petro

State Office Tower 30 E. Broad Street, 17th Floor

Columbus, OH 43215-3428

(614) 466-4320

Executive Assistant, Melissa Vasil

Website and email info: http://www.ag.state.oh.us/contact/contact.htm

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4. OPN IN THE NEWS

Most of OPN�s news coverage this month centered around the staff briefing that didn�t happen yet.� As reported above, George McMahon and Christopher Largen were planning to come to Ohio for the meeting.

The delayed briefing was first reported in �1 TOKE OVER THE LINE AT HEARING?� which ran October 11 in the Cleveland Plain Dealer.� See� http://www.mapinc.org/drugnews/v03/n1561/a06.html for the archived article, which trivialized the plight of patients and also made a factual error (reporting that George receives only 10 joints a month).� The P.D. printed a correction on October 14.

Chris Largen quickly crafted a letter to the editor.� On October 24, the P.D. ran his letter and a letter from Theresa Cohen, R.N. under the heading �EDUCATING LEGISLATORS ABOUT THE BENEFITS OF POT.�� You can view these LTEs at http://www.mapinc.org/drugnews/v03/n1677/a04.html and http://www.mapinc.org/drugnews/v03/n1677/a05.html respectively.

The delayed briefing story was also picked up by The Athens News, which ran the article �PROSPECTS DON'T LOOK GOOD FOR MEDICINAL MARIJUANA STATUTE� http://www.mapinc.org/drugnews/v03/n1596/a05.html on October 16.�

The Athens News also ran a LTE from Sandy Cote, co-founder of the Ohio Marijuana Party PAC, on October 1.� The letter, titled �STATE OF OHIO IS ROWING AGAINST THE TIDE WITH MEDICINAL POT,� is archived at http://www.mapinc.org/drugnews/v03/n1631/a09.html

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5. SHOP ONLINE AND HELP OPN SUPPORT PATIENTS

By K R �Doc� Miller, OPN Director of Development

The Ohio Patient Network has teamed up with iGive.com online charity shopping mall.� iGive.com enables you to shop online at hundreds of merchants and simultaneously support charitable causes, such as the Ohio Patient Network.� Up to 25 percent or more of every purchase is donated to the OPN at no extra cost.

I have found iGive.com to be an excellent and nearly effortless way to raise needed funds.� Many of our supporters are already shopping online.� Now when you shop through the Mall at iGive.com, everything you buy � from CDs, books, toothpaste to computers � helps OPN.� We�re excited about the continued funds this technology and iGive.com will help us raise for medical cannabis patients.

Robert Grosshandler, founder and chief executive officer of iGive.com states:� �We�re delighted that the Ohio Patient Network is utilizing iGive.com and the information age to help medical cannabis patients.� The OPN benefits from supporters� online shopping, and shoppers benefit from the ability to help causes close to their hearts and homes.� iGive.com�s mission is to provide a reliable, valuable, secure and easy-to-use tool to help individuals support their favorite causes.�

iGive.com is the Internet�s first venture for turning online shopping into a vehicle for charitable giving.� In addition to supporting any cause you wish, you can also track, directly on the site, your individual donations to your causes and the total amount your causes have raised.�

For more information or to register with iGive.com, visit www.iGive.com/OPN .

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6. OPN ANNUAL MEETING WAS PRODUCTIVE AND FUN

By John Precup, OPN President

(Lodi, OH)� This year�s annual meeting on October 4th was the best yet.� Over 25 people attended, and at least 3 sister organizations were represented.

The afternoon began with setup and networking.� It was a great chance to share ideas with other activists and patients.� Special thanks go to Cher Neufer of North Ohio NORML for offering the use of her facilities and to K.R. �Doc� Miller for coordinating the event.

I started the business meeting a little after 4:00 p.m. by welcoming everyone who attended.� The first item was to elect this year�s board members.� The following people were elected:

John Precup - President

Jim White - Vice President

Mary Jane Borden - Treasurer

Robert Ryan - Secretary

Deirdre Zoretic - Director of Patient Advocacy

K.R. �Doc� Miller - Director of Development

Norman Jentner - Director of Public Health

Next, each of the board members gave reports about the latest news from their respective committees.� After an open discussion, we ended the meeting around 6:00 p.m.

Once the business part of the day was over, we enjoyed a potluck dinner.� Everyone brought their specialty, and a wonderful meal was had by all.�

Next came the door prizes. Thanks again to Doc Miller, who obtained a table full of donations from Puff-N-Stuff and Cloud Nine stores in Columbus.

As the evening got cooler, the bon fire grew more and more inviting.� Many people were drawn to the fire to discuss future plans.

Thanks to the help and involvement of many people, the annual meeting was a productive and fun event.

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7. HELRIGGLES QUESTION CONVICT'S LIE

Source: Dayton Daily News http://www.activedayton.com/partners/ddn/ , October 27, 2003.� The whole article is archived at: http://www.mapinc.org/drugnews/v03/n1677/a03.html

By Mary McCarty

...The Montgomery County Sheriff's Office [recently released the files of an] investigation into the shooting death of 23-year-old, Clayton Helriggle, in a 2002 raid on a Preble County farmhouse.

The report is an administrative review of the practices and training of the Preble County sheriff's now-disbanded regional SWAT team. There it is, in black and white, on page 21 of the 31-page report:

Kevin Leitch - convicted felon, burglar and a key witness in the case - told investigators he mistakenly told a Greene County grand jury that Clayton Helriggle was the one selling drugs from the house. The grand jury did not issue any indictments against the officers or the farmhouse residents.

"That part of the report upset us greatly," Mrs. Helriggle said. "I don't know if it would have changed the outcome of the grand jury, and we'll probably never know."

"My war cry [is] - 'Justice for Clayton,' " Mrs. Helriggle said. "He deserves to have his name cleared."

After reading the report, she also was stunned by the near-total silence from the officers involved in the raid. Acting on the advice of their lawyers, they refused to be interviewed by their brother officers in Montgomery County.

"When I first saw the report I was thoroughly disgusted," Sharon Helriggle said. "But it has stirred things back up. People are mad because the police won't cooperate. It makes the public wonder if they do have something to hide."

Preble County Sheriff Thomas Hayes declined comment because of the civil lawsuit the Helriggles filed in federal court last month against Preble County and 20 individuals involved in the raid, claiming wrongful death and violation of their son's civil rights.

Suzanne Schmidt, first assistant Greene County prosecutor, said Friday that she and Greene County Prosecutor William Schenck plan to review the report closely as well as speak with the Montgomery County investigators. "Bill and I will take a look at this report and see if anything further needs to be done," Schmidt said.

It has been more than a year now since the chaotic raid, during which Lewisburg police Sgt. Kent Moore shot Helriggle as Helriggle descended the back stairway to the kitchen. A previous Montgomery County investigation concluded Helriggle was carrying a 9 mm handgun (a claim the Helriggles continue to dispute).

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8. SUPREME COURT REJECTS ANTI-MARIJUANA CASE

Source: Associated Press (Wire), October 14, 2003.� The entire article is archived at http://www.mapinc.org/drugnews/v03/n1582/a03.html

By Gina Holland

(Washington, DC)� The Supreme Court rejected an appeal that jeopardized state medical marijuana laws that allow ill patients to smoke pot if they get a doctor's recommendation.

Justices turned down the Bush administration's request to consider whether the federal government can punish doctors for recommending or perhaps even talking about the benefits of the drug to sick patients. An appeals court said they cannot.

Nine states have laws legalizing marijuana for patients with physician recommendations or prescriptions: Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington, and 35 states have passed legislation recognizing marijuana's medicinal value. But federal law bans the use of pot under any circumstances.

The case gave the court an opportunity to review its second medical marijuana case in two years. The last one involved cannabis clubs.

This one presented a more difficult issue, pitting free-speech rights of doctors against government power to keep physicians from encouraging illegal drug use. A ruling for the administration would have made the state medical marijuana laws unusable.

Some California doctors and patients, in filings at the Supreme Court, compared doctor information on pot to physicians' advice on "red wine to reduce the risk of heart disease, Vitamin C, acupuncture, or chicken soup."

The administration, which has taken a hard stand against the state laws, argued that public heath -- not the First Amendment free-speech rights of doctors or patients -- was at stake.

[snip]

NOTES:�

*More articles about the Walters v. Conant case are archived at: http://www.mapinc.org/topics/Conant

*PBS�s Gwen Ifill got two perspectives on the supreme court decision from Rob Kampia, director of the Marijuana Policy Project, and Dr. Andrea Barthwell, deputy director of the White House Office of National Drug Control Policy.� Listen to the RealAudio recording at http://www.pbs.org/newshour/bb/law/supreme_court/

*The Chicago Sun-Times� compelling editorial U.S. ON THE WRONG SIDE OF MEDICAL MARIJUANA BATTLE at http://www.mapinc.org/drugnews/v03/n1591/a07.html is also worth checking out.

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9. MARIJUANA ARRESTS DECLINE SLIGHTLY

Source:� Marijuana Policy Project October 27, 2003 press release

http://www.mpp.org/releases/nr102703.html

(Washington, DC)� The FBI reported today that 697,082 Americans were arrested on marijuana charges in 2002, a slight decline from 723,627 marijuana arrests in 2001. Similar to past years, 88 percent of marijuana arrests were for simple possession, not sale or manufacture, according to the just-released report, Crime in the United States: 2002�

Robert Kampia, executive director of the Marijuana Policy Project in Washington, D.C., noted that the U.S. is increasingly out of step with the rest of the world on marijuana policy. "Nation after nation has looked at the facts and concluded that it makes no sense to arrest responsible, adult marijuana users," Kampia said. Spain and Italy stopped arresting their citizens for personal possession of marijuana in the 1990s, and Portugal and Luxembourg did the same in 2001 and 2002, respectively. Belgium and Great Britain moved to end marijuana arrests this year, and now Canada is considering similar action.

Many of these countries have acted on the recommendations of scientific experts. For example, the British government's Advisory Council on the Misuse of Drugs concluded in 2002 that "the high use of cannabis is not associated with major health problems for the individual or society." U.S. officials, in contrast, have brushed aside such findings. Under U.S. law, marijuana is classified with heroin and LSD as a drug that is too dangerous to be used even under a doctor's supervision. Marijuana is classified as more dangerous than morphine, cocaine, and methamphetamine, all of which physicians are permitted to prescribe.

[snip]

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10. DRUG CZAR OFFICE SAFE FOR NOW

House Votes for Five More Years of Same Old Drug War, Senate Vote Pending

Source:� Drug War Chronicle #305, October 3, 2003 http://stopthedrugwar.org/chronicle/305/fivemoreyears.shtml

(Washington, DC)� On a voice vote and with limited debate, the US House of Representatives voted Tuesday to authorize the Office of National Drug Control Policy (http://www.whitehousedrugpolicy.gov) for five more years. The reauthorization vote granted approval of existing programs directed by ONDCP, including the High Intensity Drug Trafficking Area (HIDTA) program, which funnels federal dollars into locales designated as special problems, and the drug czar's controversial media campaign, which has attempted, among other things, to persuade young people not to smoke pot because they would be aiding terrorists. ONDCP is the lead federal agency in setting drug policy and fighting off opposition to the drug war.

Drug war opponents were able to win only changes at the margins -- notably overturning the ban on using HIDTA funds for drug use prevention -- but also managed to win some small skirmishes during earlier votes in the House Judiciary and Government Operations committees. Among the victories were reform of the Higher Education Act's (HEA) anti-drug provision and blocking proposals that would have allowed the drug czar to use the ONDCP media campaign for attack ads against political opponents. Congressional reformers also blocked him from moving HIDTA funds from law enforcement in states with medical marijuana laws to the DEA.

The measure now moves to the Senate, where reformers have vowed to continue to fight for a better bill.

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11. SENS. KENNEDY, KERRY SUPPORT UNIVERSITY OF MASSACHUSETTS MARIJUANA RESEARCH PLAN

Proposal Would Break DEA Monopoly on Marijuana for Research

Source:� Marijuana Policy Project October 23 press release http://www.mpp.org/releases/nr102303.html

(Washington, DC)� Both U.S. senators from Massachusetts, Edward M. Kennedy and John F. Kerry, have asked the U.S. Drug Enforcement Administration to approve a groundbreaking proposal from the University of Massachusetts Amherst to manufacture marijuana for FDA-approved medical marijuana research.

At present, all U.S. medical marijuana researchers are required to obtain marijuana for medical studies from the National Institute on Drug Abuse. NIDA's marijuana, grown on a farm in Mississippi, has been criticized for its poor quality, and many observers have complained that NIDA has made it unnecessarily difficult to obtain marijuana for research, impeding studies that could document medical benefits.

In an Oct. 20 letter to DEA Administrator Karen Tandy, Sens. Kennedy and Kerry criticized NIDA's "unjustified monopoly on the production of marijuana for legitimate medical research." They noted, "Federal law makes clear that the... bulk manufacture of Schedule I and II substances must be provided `under adequately competitive conditions.'... The current lack of such competition may well result in the production of lower-quality research-grade marijuana, which in turn jeopardizes important research."

Kerry is considered one of the leading contenders for the Democratic presidential nomination.

[snip]

NOTE:� Let the drug czar�s office know how you feel.� Send a letter through the Drug Policy Alliance�s Action Center at:� http://actioncenter.drugpolicy.org/action/index.asp?step=2&item=11290

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12. NEBULIZED MARINOL OFFERS ADVANTAGES OVER ORAL PILL, STUDY SAYS

Source:� NORML News, October 22, 2003 http://www.norml.org/index.cfm?Group_ID=5795

(Tampa, FL) �Pulmonary administration of synthetic THC is faster acting and delivers greater concentrations of the drug than does oral administration of the Marinol pill, according to clinical trial data presented at the 32nd Annual Meeting of the American College of Clinical Pharmacology.

Peak plasma concentrations of the drug were achieved in volunteers who inhaled THC within 15 to 30 minutes versus 45 minutes to 2 hours for those administered the drug orally. Volunteers who inhaled THC also had lower plasma concentrations of the 11-OH-dronabinol metabolite, a psychoactive compound produced by the liver when THC is ingested.

Through pulmonary delivery, THC "will be able to reach the systemic circulation quickly while bypassing first-pass metabolism, resulting in a rapid onset of action," lead researcher Jodi Miller of Solvay Pharmaceuticals said. "Higher bioavailablity may lead to lower therapeutic doses which may decrease adverse events."

Though Marinol has been legal in the US since 1985, many patients report that they prefer whole smoked marijuana because it's faster acting, easier to titrate, and less psychoactive than the oral pill.

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13. FDA GRANTS "FAST TRACK" STATUS TO POT-LIKE DRUG FOR HEAD TRAUMA

Source:� NORML News, October 2, 2003 http://www.norml.org/index.cfm?Group_ID=5762

(Iselin, NJ) �The US Food and Drug Administration (FDA) will review the efficacy of the synthetic marijuana derivative Dexanabinol for the treatment of Traumatic Brain Injury (TBI) on an accelerated basis, the Pharmos pharmaceutical company announced this week. The FDA grants so-called "fast track" status to drugs intended to treat life-threatening conditions for which no approved therapies exist.

Fast track status allows companies to submit their clinical data to the FDA in stages while trials remain ongoing. Dexanabinol is currently being tested in advanced Phase III clinical trials in the US and Europe. A previous Phase II trial by Pharmos of 67 Israeli patients found that Dexanabinol reduced mortality and eased intracranial pressure in patients suffering from severe head injuries.

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14. GERMAN STUDIES SUPPORT USE OF MARIJUANA EXTRACTS FOR EPILEPSY, PAIN

Source:� Drug Policy News, October 6, 2003

http://www.drugpolicy.org/news/10_06_03german_epilepsy_pain.cfm

Two new German studies provide more evidence for the medical uses of marijuana. According to the BBC News Online, researchers at the Max-Planck Institute � who have been seeking ways to prevent epileptic seizures � report that �natural brain chemicals which resemble cannabis extracts can interrupt a process which can trigger a seizure.� The compounds act to reduce the excitability of brain cells common in epilepsy sufferers. Max-Planck researchers called the cannabis compounds a �promising therapeutic target� in the search to develop effective drugs to fight epilepsy.

In the second study, chronic-pain researchers at the Hannover Medical School found that �a synthetic version of one of many marijuana compounds safely reduced chronic nerve pain without impairing thinking and behavior.� Previous research into the compound, CT-3, has already shown it to be an effective anti-inflammatory and pain reducer.

[snip]

NOTE:� For more information, see

*October 4 BBC News article CANNABIS 'COULD HELP EPILEPTICS' which is archived at http://www.mapinc.org/drugnews/v03/n1520/a03.html

*October 8 NORML News story POT CHEMICAL SIGNIFICANTLY REDUCES CHRONIC PAIN IN HUMANS, STUDY SAYS at

http://www.norml.org/index.cfm?Group_ID=5775

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15. OTTAWA'S POT RULES UNCONSTITUTIONAL, COURT RULES

Source: Globe and Mail (Canada) http://www.globeandmail.ca/ , October 7, 2003.

View the whole article at: http://www.mapinc.org/drugnews/v03.n1533.a12.html

By Kirk Makin

A federal scheme that supplies marijuana to those with serious medical problems unconstitutionally forces users into the black market to obtain a reliable supply, the Ontario Court of Appeal has ruled.

The court said the current federal licensing scheme obliges those who are ill to act like criminals, obtaining illicit supplies "with all the risks of tainted product this presents.

"Exposing these individuals to these risks does not advance the objective of public health and safety," it said in a 3-0 ruling. "Rather, it is contrary to it. Equally, driving business to the black market is contrary to better narcotic drug control."

The court stopped short, however, of striking down the entire scheme. It opted to tinker with the law to make it comply with the constitutional right to life, liberty and security of the person.

The ruling effectively forces the government to make it easier to grow and supply licenced marijuana to medicinal users, while at the same time upholding the laws prohibiting pot possession.

It ends a period of chaos in which police essentially stopped enforcing the marijuana possession law because of conflicting rulings as to its validity... Specifically, the ruling removed:

* The need for a second physician to endorse a patient's application to receive medical marijuana...

* A restriction that prevents designated, licenced growers from receiving compensation for supplying marijuana to sick people eligible to receive it.

* A provision that prevents licensed growers from raising marijuana for more than one person.

* A prohibition against licensed growers' producing marijuana in common with more than two other growers.

[snip]

NOTES:�

*Links to the court decisions are at http://cannabislink.ca/legal/#legalcases

*For the latest news on medical marijuana in Canada, see: http://www.mapinc.org/mjcn.htm

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The following items are included in every OPNews:

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OPNews DISCLAIMER

OPNews, a publication of Ohio Patient Network (OPN), provides medical cannabis news that affects Ohio patients, caregivers, and health professionals.�

All articles are intended for educational purposes and do not reflect an official position, either positive or negative, by the OPN or its Board of Directors.�

Ohio Patient Network does not endorse any candidates running for office. The reports of campaign-related activities are for educational purposes only.

For more information, contact Jean Taddie, Editor editor@ohiopatient.net .

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YOU ARE INVITED TO OPN MEETINGS

The OPN Board of Directors invites you to participate in OPN patient forums, which are held at 7:30 p.m. (eastern time) the first Thursday of each month.� You are also welcome to attend the weekly OPN business meetings.�

These electronic voice/text meetings are held at the OPN chatroom in PalTalk http://www.paltalk.com/ .� To receive further information, including instructions for the PalTalk meeting room, contact info@ohiopatient.net .

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HELP THE OPN SUPPORT PATIENTS

The Ohio Patient Network's goal is to provide a voice for Ohio's medicinal cannabis patients and create an environment where this vital medicine becomes an accepted and legitimate therapy. To do this, we need your help.

We'd like you to personally become involved in OPN by donating your time.� Please check out our various committees and activities at http://www.ohiopatient.net/Get_involved.htm. Respond with your interest to our Membership Coordinator, Doc Miller, at KRMiller@OhioPatient.net.

If you'd prefer, you can also support medicinal cannabis and what we are doing by contributing monetarily to OPN. Please note that the Ohio Patient Network is a 501(c)(3) non-profit corporation in the State of Ohio.� Donations to OPN are tax deductible to the extent provided by law.

Please visit our donations page at http://www.ohiopatient.net/Donate.htm to make a contribution using your credit card. Please note that these donations will be processed through Paypal.

If you would prefer to donate by check or money order, please make them payable to the "Ohio Patient Network" and mail to P.O. Box 26353, Columbus, OH 43216.

Thank you for supporting the Ohio Patient Network.

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HOW TO GET YOUR INFORMATION IN OPNews

OPNews is published monthly.� To have your information considered for publication, submit your story to editor@ohiopatient.net .

PLEASE DO NOT SEND ATTACHMENTS.� Please do not boldface or italicize text.� Include a contact name with a phone number and/or e-mail address with submissions.

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HOW TO BE REMOVED FROM THE OPNews LIST

You may sign off this list at any time by using the webform at http://www.ohiopatient.net/Become_an_OPN_member.htm .

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HOW TO CONTACT YOUR STATE REPRESENTATIVE AND SENATOR

Find your Representative in the Ohio House at http://www.house.state.oh.us/jsps/Representatives.jsp .

Find your Ohio Senator at http://www.senate.state.oh.us/senators/ .

Write to your officials care of their district office, or send your letter to their Columbus office at:

The Honorable (name)

Ohio House of Representatives

77 South High Street

Columbus, Ohio 43266-0603

-or-

The Honorable (name)

Ohio Senate Building

Columbus, Ohio 43215

Telephone calls and emails are also persuasive, especially when the constituent contacts the district office.