Beth Am Women: Medical Marijuana

The Situation: The Controlled Substances Act, passed by Congress in 1970, classifies marijuana as a Schedule I drug, one with high potential for abuse and no medical value (NOTE: Cocaine is classified less stringently as a Schedule II drug; Marinol, a synthetic version of THC, one of the many active ingredients in cannabis, is a Schedule III drug.) The 2001 Supreme Court ruling on the medical use of marijuana states that because Congress has declared marijuana a highly dangerous (in the same category as LSD and heroin), those who want to use it for medicinal purposes cannot claim medical necessity as a defense.

HR 2233, The States' Rights to Medical Marijuana Act", now on the floor of Congress, would allow states to determine whether their citizens can use marijuana for medical purposes. This bill will reclassify marijuana from Schedule I to Schedule II of the Federal Controlled Substances Act, which would recognize that there are valid and important medicinal uses for marijuana. It would also amend the Federal Controlled Substances Act to allow physicians to prescribe and recommend marijuana for medical use where permitted by law. The bill also allows the medical use of marijuana in states which have, by statute or referendum, enacted legislation to allow such use under the guidance of physicians.

HR 1717, “The Truth in Trials Act’, also on the before Congress, would amend the Controlled Substances Act to provide an affirmative defense for the medical use of marijuana in accordance with the laws of the various States, and for other purposes. This would give any person facing prosecution or a proceeding for any marijuana-related offense the right to introduce evidence demonstrating that the marijuana-related activities were within State law regarding the medical use of marijuana. This legislation was proposed after a California jury complained that it had not been told that that Ed Rosenthal, the man they convicted of under Federal marijuana law, had been growing medical marijuana at the request of the Oakland, CA City Council.

What you can do: Go to Thomas (http://thomas.loc.gov) and enter HR 2233 or HR1717 in the search field to learn more about the legislation and who the co-sponsors are. If your representative is not a co-sponsor, contact him/her and tell him/her that you support these bills and would like him/her to become a co-sponsor (http://www.house.gov or phone: 202-224-2131).

You can also visit the NORML (http://capwiz.com/norml2/issues/bills/) and the Marijuana Policy Project (http://www.mpp.org/USA/) websites for "point and click" letter/fax writing tools to the House and Senate.

Note: If you want your message to have the greatest impact, personalize the message and send it ON PAPER to your Congressional Representative (see below).

At the State Level

The Situation: State laws regarding the medical use of marijuana vary. Since 1996, 10 states and the District of Columbia have voted to allow their citizens to use marijuana for medicinal purposes.

What You Can Do: Visit the Marijuana Policy Project website to see what the current laws and pending legislation are in your state. Write to your state representatives to tell them your views on whether marijuana should be made available as a medicine for those who might benefit from its use.

Marijuana Policy Project -Voter Action--For information on your state, type "http://www.mpp.org/" followed by your two-letter state abbreviation, e.g. "http://www.mpp.org/CA"

Other links

Coalition for Compassionate Action - WRJ is a signatory!
Controlled Substances Act
Medical Marijuana Laws
--Enter "HR2233 and HR1717" into the search field

Text of Supreme Court decision denying Medical exception to marijuana laws

Text of Justice Thomas' opinion

Justice Steven's concurrence
Conant vs. Walters: Case appealing Federal attempt to prevent physicians from talking to patients about medical marijuana: http://freedomtoexhale.com/cw.htm
Conant vs. Walters: Concurring opinion of Circuit Judge KOZINSKI upheld in October 2003 by refusal of US Supreme Court to reconsider the case: http://freedomtoexhale.com/kzop.htm
Marihuana, The Forbidden Medicine, Lester Grinspoon, M.D., James B. Bakalar (Yale University Press, 1993)

The Schaffer Drug Library

Most powerful influencers of members of Congress:*

  1. Spontaneous letter from constituents
  2. Telephone calls from constituents
  3. Congressional Research Service
  4. Articles in major daily newspapers
  5. Editorials in major daily newspapers
  6. Visits from constituents
  7. Articles in district daily newspapers
  8. Congressional Record
  9. Editorials in district daily newspapers
  10. Government publications
  11. Orchestrated mail from constituents
  12. Op-ed opinion pieces in major daily newspapers
  13. Op-ed opinion pieces in local daily newspapers
  14. Spontaneous letters from state officials
  15. Spontaneous letters from interest groups
  16. Telephone calls from friends
  17. Telephone calls from state opinion leaders
  18. Spontaneous letters from Congressional leaders
  19. Visits from paid lobbyists
  20. Position papers, mailed information kits
  21. Phone calls from interest groups
  22. Invitations to speak
  23. Petitions from constituents
  24. Phone calls from state officials
  25. Articles in national news magazines
  26. Interest groups' mailed newsletters
  27. National television news
  28. Visits from Washington Reps
  29. Editorials in district weekly newspapers
  30. News articles in district weekly newspapers

*Burson-Marstoller Report
Communicating with Congress
Research by Peter D. Hart Associates

 


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Congregation Beth Am
26790 Arastradero Rd
Los Altos Hills, CA 94022
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