A Michigan traffic safety law that prohibits the operation of a motor vehicle by persons who possess any presence of THC in their blood, regardless of whether or not they are behaviorally impaired by the substance, may not be strictly applied to state-qualified medical cannabis patients. So decided the Michigan Supreme Court on Tuesday in the case People v Koon.
In a unanimous opinion, the Court determined that legal protections extended to state-qualified patients under the Michigan Medical Marihuana Act, enacted by voters in 2008, supersede the state’s zero tolerance, internal possession law. As a result, the Court determined that state prosecutors must establish that authorized patients charged under the statute are actually impaired by their cannabis use in order to gain a DUI criminal conviction.
According to the syllabus of the Opinion:
“The MMMA [Michigan Medical Marihuana Act] does not define what it means to be ‘under the influence,’ but the phrase clearly contemplates something more than having any amount of marijuana in one’s system and requires some effect on the person. Thus, the MMMA’s protections extend to a registered patient who internally possesses marijuana while operating a vehicle unless the patient is under the influence of marijuana. The immunity from prosecution provided under the MMMA to a registered patient who drives with indications of marijuana in his or her system but is not otherwise under the influence of marijuana inescapably conflicts with MCL 257.625(8) [the state's zero tolerance per se DUI law], which prohibits a person from driving with any amount of marijuana in her or system.”
The state’s zero tolerance per se drug law remains applicable to non-patients. Under such laws, motorists are guilty per se (in fact) of a criminal traffic safety violation if they engage in the act of driving while detectable levels of certain controlled substances or, in some cases, their inert metabolites (byproducts) are present in the defendants’ blood or urine. Proof of actual impairment is not a requirement for a conviction under the law.
To date, ten states — Arizona, Delaware, Georgia, Illinois, Indiana, Iowa, Michigan, Rhode Island, Utah, and Wisconsin — have enacted legislation imposing zero tolerance per se thresholds for the presence of cannabinoids and/or their metabolites. (State-authorized medical cannabis patients in Arizona and Rhode Island are exempt from prosecution under these per se statutes unless the state can provide additional evidence of psychomotor impairment.)
Five additional states impose non-zero-tolerant per se thresholds for cannabinoids in blood: Montana (5ng/ml — law takes effect on October 1, 2013), Pennsylvania (1ng/ml), Ohio (2ng/ml), Nevada (2ng/ml) and Washington (5ng/ml). Most recently, Colorado lawmakers approved legislation stating that the presence of THC/blood levels above 5ng/ml “gives rise to permissible inference that the defendant was under the influence.” State-qualified patients in Colorado, Montana, and Nevada are not provided legal exemptions from these statutes, although legislation is presently pending in Nevada to do so.
Such caution is similarly expressed by the United States National Highway Transportation and Safety Administration, which acknowledges: “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects. … It is inadvisable to try and predict effects based on blood THC concentrations alone.”
A 2013 review of per se drugged driving laws and their impact on road safety found “no evidence that per se drugged driving laws reduce traffic fatalities.”
Inhaling cannabis reduces symptoms of Crohn’s disease compared to placebo in patients non-responsive to traditional therapies, according to clinical trial data published online ahead of print in the journal Clinical Gastroenterology and Hepatology.
Researchers at the Meir Medical Center, Department of Gastroenterology and Hepatology in Israel assessed the safety and efficacy of inhaled cannabis versus placebo in 21 subjects with Crohn’s disease who were nonresponsive to conventional treatments.
Eleven participants smoked standardized cannabis cigarettes containing 23 percent THC and 0.5 percent CBD (cannabidiol) twice daily over a period of eight weeks. The other ten subjects smoked placebo cigarettes containing no active cannabinoids.
Investigators reported, “Our data show that 8-weeks treatment with THC-rich cannabis, but not placebo, was associated with a significant decrease of 100 points in CDAI (Crohn’s Disease and activity index) scores.” (The CDIA is a research tool used to quantify the symptoms of Crohn’s disease patients.) Five of the eleven patients in the study group also reported achieving disease remission (defined as a reduction in patient CDAI score by more than 150 points).
Researchers also reported that “no significant side effects” were associated with cannabis inhalation. Subjects in the study group reported improvements in appetite and sleep compared to those in the placebo group. Cannabis inhalation was also associated with “significantly less pain” among the participants.
The study is the first placebo-controlled clinical trial to assess the consumption of cannabis for the treatment of Crohn’s.
Israeli researchers had previously published observational trial data reporting that Crohn’s patients require fewer disease-related surgeries following their use of cannabis.
According to survey data published in 2011 in the European Journal of Gastroenterology and Hepatology, some one-half of Crohn’s disease patients acknowledge having used cannabis to mitigate their disease symptoms.
Longtime Florida activist Cathy Jordan, a 63-year-old woman who consumes cannabis to mitigate symptoms of amyotrophic lateral sclerosis (ALS aka Lou Gehrig’s disease), a debilitating condition that she has lived with since 1986, today filed a suit against Sheriff Brad Steube of Manatee County, FL.
Ms. Jordan alleges wrongful conduct on the part of the sheriff’s department when, on February 15, 2013, they raided her home and confiscated 23 medical cannabis plants, which were being cultivated for her by Cathy’s husband Robert Jordan. The Jordans were both cooperative when the sheriff’s department arrived at their home, and they acknowledged they were growing medical marijuana for Cathy’s medical use. The police raid of the Jordan’s home came just days after lawmakers introduced legislation, the Cathy Jordan Medical Cannabis Act, which sought to authorize the physician-supervised use of cannabis for those diagnosed with serious debilitating conditions. (Florida lawmakers failed to hold hearings or vote on the measure.)
After the Manatee County State Attorney’s office reviewed the facts of the case, they issued a memorandum on April 2, 2013 declining to prosecute either Cathy or her husband. The Manatee County State’s Attorney’s office found that they could not likely overcome a medical marijuana necessity defense, which would be raised by the defendant should a prosecution be initiated. However, the sheriff’s department has refused to return any of the cannabis that they confiscated from Ms. Jordan during the February 15 raid.
With this lawsuit, the plaintiffs seek a declaratory judgment finding that they have a legal right to cultivate and possess medical marijuana under Florida law; an injunction barring the sheriff’s department from making further seizures of medical marijuana from Cathy and Robert Jordan; and an injunction barring the initiation of criminal charges against either of the plaintiffs for their continued cultivation and possession of medical marijuana.
The lawsuit has been filed by Norm Kent of Fort Lauderdale, Chair of the NORML Board of Directors. NORML intends to file a friend of the court brief in the case once the defendants are served.
Kent stated: “This suit embodies NORML’S commitment to patients who have a medical need for marijuana, while simultaneously showing how the responsible use of cannabis by adults should not be restricted by law enforcement authorities. We intend to prevail in this suit so that seriously ill patients like Cathy no longer have to fear arrest or state interference for simply using their medicine.”
Added NORML Legal Counsel Keith Stroup: “Cathy Jordan is a courageous woman who has been fighting for many years to legalize the medical use of marijuana for herself and other seriously ill patients. We are proud to stand with Cathy and Robert Jordan to challenge he senseless arrest of patients who use marijuana medically.”
Florida is not among the 18 US states that presently exempt qualified patients from arrest for engaging in physician-authorized cannabis therapy.
The administration of synthetic cannabinoid agonists limits HIV infection in macrophages (white blood cells that aid in the body’s immune response), according to preclinical data published in the Journal of Leukocyte Biology. Macrophages are one of the first type of cells infected by the HIV virus when it enters the body.
Investigators at Temple University School of Medicine in Philadelphia assessed the impact of three commercially available synthetic THC agonists on HIV-infected macrophage cells. Following administration, researchers sampled the cells periodically to measure the activity of an enzyme called reverse transcriptase (RT), which is essential for HIV replication. By day 7, investigators reported that the administration of all three compounds was associated with a significant decreased in HIV replication.
Stated a Temple University Health System press release: “The results suggest that selective CB2 (cannabinoid 2 receptor) agonists could potentially be used in tandem with existing antiretroviral drugs, opening the door to the generation of new drug therapies for HIV/AIDS. The data also support the idea that the human immune system could be leveraged to fight HIV infection.”
Patients living with HIV/AIDS frequently report consuming cannabis to counter symptoms of anxiety, appetite loss, chronic pain, and nausea, and one study has reported that patients who use cannabis therapeutically are 3.3 times more likely to adhere to their antiretroviral therapy regimens than non-cannabis users. In preclinical models, the long-term administration of delta-9-THC has recently been associated with decreased mortality and ameliorated disease progression in monkeys. In clinical models, cannabis inhalation is associated with decreased neuropathy and increased levels of appetite hormones in the blood of subjects with HIV infection.
The abstract of the study, “Attenuation of HIV-1 replication in macrophages by cannabinoid receptor 2 agonists,” appears online here.
Nearly nine out of ten Americans — including 80 percent of self-identified Republicans — now say that marijuana should be legal if its use is permitted by a physician, according to nationwide Fox News telephone poll of 1,010 registered voters. The poll, released today, was conducted by under the direction of Anderson Robbins Research (D) and Shaw & Company Research (R) and possesses margin of sampling error of ± 3 percentage points.
According to the poll, 85 percent of voters agree that adults ought to be allowed to use cannabis for therapeutic purposes if a physician authorizes it. The total marked an increase in support of four percent since Fox last polled the question in 2010 and is the highest level of public support for the issue ever reported in a scientific poll.
Although respondents were divided on whether they believed that “most people who smoke medical marijuana truly need it,” the overwhelming majority of voters nonetheless agreed that consuming the plant should be legal if a doctor permits it.
To date, eighteen states and Washington, DC have enacted laws authorizing the physician-supervised use of cannabis therapy. Medical cannabis legalization measures are presently pending in a number of additional state legislatures, including Illinois, New Hampshire, and New York.
Voters in the Fox News poll were less supportive of the notion of legalizing the non-medical consumption of marijuana. The poll reported that only 46 percent of voters favored broader legalization, while 49 percent of respondents opposed the idea. Self-identified Democrats (57 percent) were far more likely to support legalizing cannabis than Republicans (33 percent) or Independents (47 percent). Men (51 percent) were more likely to support legalization than were women (41 percent). Those age 35 or under were most likely (62 percent) to back legalization while those age 65 and older were least likely (31 percent) to be supportive.
By contrast, in recent months national polls by The Pew Research Center, YouGov.com, Quinnipiac University, and Public Policy Polling have reported majority public support for legalizing and regulating the adult use of cannabis.
Despite the overwhelming public support for medical marijuana law reform, legislation in Congress to amend federal law to allow for its use it states which permit it — House Bill 689, the States’ Medical Marijuana Patient Protection Act — only possess 16 co-sponsors (less than four percent of the entire US House of Representatives). The bill has been referred to both the House Energy and Commerce Committee, Subcommittee on Health and to the House Judiciary, Subcommittee on Crime, Terrorism, Homeland Security, and Investigations — neither of which have scheduled the bill for a public hearing.