By Dale Gieringer, Director, CA NORML

Like many medical marijuana users, Kristin Redeen needed additional prescription medications for her severe chronic pain. For seven years she had been treated at a private pain clinic in the Central Valley, where a doctor maintained her on Percocet, a semi-synthetic opioid. One day Kristin was unexpectedly asked to submit a urine sample.  

“They already knew about my medical marijuana use,” says Kristin, who contacted California NORML. “I didn’t think I was doing anything wrong.”

When the test  came back, Kristin was informed that the clinic would no longer renew her prescription because she had tested positive for an illegal controlled substance. Her doctor at the clinic cited legal concerns, claiming –falsely– that DEA regulations forbid giving prescription narcotics to users of marijuana or other illegal drugs.

Kristin was cut off from her Percocet and began suffering seizures. She finally found a physician who was willing to prescribe her another opioid, Vicodin, but only at low doses insufficient to relieve her constant pain.

Kristin is one of a growing number of medical marijuana patients discriminated against by pain clinics. “I must have heard of 25 cases this year,” says Doug Hiatt, an attorney in Washington state. “It’s Jim Crow medicine.”

NORML has received a surge of complaints within the last six months.  Many medical marijuana users report that they can’t find a clinic willing to take them on.  Others, like Kristin, have been abandoned by clinics that suddenly adopted aggressive drug-screening policies.

Clinics say they are legally compelled to drug-test chronic pain patients so as to avoid liability for overdoses and diversion of prescription drugs, particularly opioids such as oxycontin –which have nothing to do with cannabis.

Chronic pain patients have good reason to object to being denied medical access to cannabis. Chronic pain is the leading indication for medical cannabis use, accounting for 90% of the patients in Oregon’s medical marijuana program.   More than 60 studies have shown cannabinoids to be effective in pain relief, according to a compilation by the International Association of Cannabis Medicine which includes four controlled studies of smoked marijuana by California’s Center for Medicinal Cannabis Research.

Full Story

By Dale Gieringer, Ph.D, Director, California NORML

California NORML has recently heard increasing reports that Marinol patients are being drug tested and denied employment for use of marijuana. In particular, we have heard from legal Prop. 215 patients who were denied jobs despite presenting Marinol prescriptions after being re-tested specifically for marijuana. Until recently, Marinol and marijuana were indistinguishable on the standard drug tests, so that patients with a Marinol prescription had a valid medical excuse under federal law for testing positive for marijuana.

However, special testing techniques have been developed that make it possible to distinguish the two by testing for non-standard cannabinoids that appear in marijuana but not Marinol. Until recently, these tests were expensive and rarely used except in high-profile criminal cases. However, it appears that they are now being routinely used by certain laboratories in cases where Marinol use is claimed. In particular, we have heard reports of such testing being used to disqualify Marinol-using Prop 215 patients by the transportation industry and by Walmart.

California NORML has accordingly altered its drug testing information to warn against relying on Marinol RXs as a screen for marijuana use: http://www.canorml.org/healthfacts/testing.tips.html

There is of course no valid scientific or health justification for allowing patients to use Marinol but not marijuana. The only purpose is to enforce compliance with the law. It is a tribute to the power and influence of the drug testing industry that they have prevailed in foisting the costs of this unnecessary and obnoxious procedure on employers.

California NORML, 2215-R Market St. #278, San Francisco CA 94114

(415) 563-5858 / www.canorml.org

A number of phone calls and emails to NORML this afternoon strongly indicated that federal law enforcement raided a number of companies yesterday and today that manufacture and/or market what are commonly known as ‘detoxification’ products. The target of SWAT-like teams was records and computer equipment.

That is story #1 as there are no federal laws that ban ‘detoxification’ products.

However, more oddly in my view is the reported confiscation of the unreleased DVD ‘A/K/A Tommy Chong’. How is that possible? Even if Tommy (a member of NORML’s Advisory Board) agreed in his 2005 plea bargain on federal paraphernalia charges to ‘not profit from his past criminal activities’ it seems unlikely to me federal confiscation of otherwise First Amendment-protected speech and expression could possibly be legal. Especially, on the heels of Tommy already publishing a best-selling book detailing his nine month incarceration in federal prison, the humorous and insightful ‘The I Chong: Meditations From The Joint’.

So, if I understand correctly, the federal attorney who first prosecuted Tommy in 2005, Mary Beth Buchanan, authorized some of these raids and the confiscation of the Chong DVDs, which are about…well, her prosecution of Tommy and his resulting incarceration.

OK…

Full Story

Timothy Garon is dead. Why did he die?

The medical records will show that he died due to complications associated with massive liver failure. He would have likely survived longer if he received a timely organ transplant but was denied access because he followed his physician’s recommendation, used medical cannabis during his treatments for liver disease, therefore testing positive for THC metabolites and rather than receive the gift of a potentially longer life—instead doctors at the University of Washington deferred to federal prohibition laws and mores, handing Tim a death sentence.

There are no pharmacological or physiological reasons why Tim Garon, or any medical marijuana patient, should logically be denied access to life-saving or life-enhancing organ transplants.

In my view, commonsense and humanity were completely lacking here on the part of the doctors who denied Tim and his family a chance at a continued life together.

Full Story

The arrest and prosecution of a professional, baby boom couple in Pennsylvania helps underscore the genuine waste of taxpayer dollars and overall ineffectiveness of government to stop adult citizens who want to use cannabis, as well as highlight a well known, but underreported fact among millions of victims of cannabis prohibition laws: Punishment in the modern criminal justice system does not necessarily equate with incarceration so much as it does a series of expensive civil fines, taxpayer-funded probation and drug testing services, loss of student loans and employment (and, consequentially therein, income taxes to city and state coffers) and access to health care services (because of an arrest, cannabis offenders typically will go from paying for private health insurance to relying upon taxpayer-funded services or charities).

Full Story

Reason Magazine has an excellent essay analyzing the rapid growth of workplace drug testing, and documenting how these odious programs have become a billion dollar industry.  Here’s a snippet:

The Golden Age — How Americans learned to stop worrying and love workplace drug testing

Observers still debate how much safer and more productive drug testing makes the workplace. But there’s at least one outfit that has no complaints about its efficacy. Forty million drug tests at an average of $30 a pop equals a $1.2 billion subsidy the federal government receives from the private sector each year to help prosecute its endless War on Drugs.

You can read the full text here.

I wrote a similar essay for Reason back in 2005 documenting the rise of DATIA, the Drug & Alcohol Testing Industries Association, which you can access here.