2011: The Year In Review – NORML’s Top 10 Events That Shaped Marijuana Policy

#1 NORML Sues to Halt Government’s Prosecution of Medical Cannabis Providers
In October, the United States Deputy Attorney General, along with the four US Attorneys from California, announced their intentions to escalate federal efforts targeting the state’s medical cannabis dispensaries and providers. In response, members of the NORML Legal Committee filed suit in November against the federal government arguing that its actions were in violation of the Ninth, Tenth, and Fourteenth Amendments of the US Constitution. Plaintiffs further argued, using the theory of judicial estoppel, that the Justice Department had previously affirmed in federal court that it would no longer use federal resources to prosecute cannabis patients or providers who are compliant with state law. NORML’s lawsuit remains pending. Read the full story here.

#2 Members of Congress Introduce First Bill Since 1937 to Legalize Cannabis
House lawmakers introduced legislation in Congress in June to end the federal criminalization of the personal use of marijuana. The bipartisan measure – HR 2306, the ‘Ending Federal Marijuana Prohibition Act of 2011′ – prohibits the federal government from prosecuting adults who use or possess cannabis by removing the plant and its primary psychoactive constituent, THC, from the five schedules of the United States Controlled Substances Act of 1970. The bill awaits Congressional action. Read the full story here.

#3 Gallup: Majority of Americans Support Legalizing Cannabis
A record 50 percent of Americans now believe that marijuana ought to be legalized for adult use, according to a nationwide Gallup poll of 1,005 adults published in October. The 2011 survey results mark the first time ever that Gallup has reported that more Americans support legalizing cannabis (50 percent) than oppose it (46 percent). Read the full story here.

#4 Over One Million Americans Now Use Cannabis Legally Under State Law
Between one million to one-and-a-half million US citizens are legally authorized by the laws of their state to use marijuana, according to data compiled in May by NORML from state medical marijuana registries and patient estimates. Read the full story here.

#5 Marijuana Prosecutions For 2010 Near Record High
Police made 853,838 arrests in 2010 for marijuana-related offenses according to the Federal Bureau of Investigation’s annual Uniform Crime Report, released in September. The annual arrest total is among the highest ever reported by the agency. Marijuana arrests now comprise more than one-half (52 percent) of all drug arrests in the United States. Read the full story here.

#6 Largest State Doctors Association Calls For Legalizing Cannabis
The California Medical Association in October called for the “legalization and regulation” of cannabis for adults. The association, which represents some 35,000 physicians, recommends that cannabis be taxed and regulated “in a manner similar to alcohol.” Read the full story here.

#7 Connecticut Decriminalizes Cannabis Possession Offenses
Statewide legislation took effect in July reducing the penalties for the adult possession of up to one-half ounce of marijuana from a criminal misdemeanor (formerly punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a $150 fine, no arrest or jail time, and no criminal record. Read the full story here.

#8 Vaporized Cannabis Augments Analgesic Effect of Opiates in Humans
Vaporized cannabis significantly augments the analgesic effects of opiates in patients with chronic pain, according to clinical trial data published online in the journal Clinical Pharmacology & Therapeutics in November. Investigators surmised that cannabis-specific interventions “may allow for opioid treatment at lower doses with fewer [patient] side effects.” Read the full story here.

#9 State Governors Call on Obama Administration to Reclassify Cannabis
In December, governors from Rhode Island, Vermont, and Washington formally requested the Obama administration to reclassify cannabis under federal law in a manner that would allow states to regulate its therapeutic use without federal interference. The administration in July had previously rejected a nine-year-old petition calling on the agency to initiate hearings to reassess the present classification of marijuana as a schedule I controlled substance without any ‘accepted medical use in treatment.’ Read the full story here.

#10 Delaware Becomes 16th State to Legalize Limited Medical Use of Marijuana
State lawmakers in May approved legislation to allow patients with a qualifying illness may legally possess up to six ounces of cannabis, provided the cannabis is obtained from a state-licensed, not-for-profit ‘compassion center.’ The law is anticipated to be implemented in 2012. Read the full story here.

Pain Clinics Test Patients for Marijuana Use

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. (more…)