Jodi James A New Voice, A Clear Choice

Candidate for Florida House District 31

Proposal to The Office of Drug Control / Department of Health and Human Services / Florida Office of the Attorney General

Background

Florida case law has repeatedly upheld the right of persons who meet the criteria in Jenks vs. State of Florida (1st DCA 1991) to present medical necessity as a defense for the possession, consumption and cultivation of the herb known as cannabis. Although medical cannabis use is widely accepted in certain sciences, public opinion about its potential for harm varies greatly. While some still hold to the theory that marijuana use is a “gateway” drug, the 1999 Institute of Medicine report, “Marijuana and Medicine: Assessing the Science Base” concluded that assumption to be false. As presented at The First National Clinical Conference on Cannabis Therapeutics, held April 2000 at the University of Iowa, by Dr. Janet Joy the Study Director, the results of this 18 month long study which took testimony from over one hundred experts, was that Cannabis use did not lead to other drug use, that it was an extremely safe and effective medicine and that it was not addictive. Jenks not only established case law in Florida it also recognized cannabis’ therapeutic value in treating AIDS related symptoms. In 2000 at the International Conference on AIDS, the consortium recommended marijuana as treatment for AIDS related symptoms. Currently 80,000 people are infected with AIDS in Florida. Internationally known neurologists are studying the therapeutic effects of Cannabis on MS, Alzheimer’s, Parkinson’s Disease and Lou Gehrig’s Disease. Dr Sanchez-Ramos, the Director of Movement Disorders at the University of South Florida, has been studying the neuromuscular effects of Cannabis. County based support groups average 25 members per group, these suffers of Multiple Sclerosis and Lou Gehrig’s Disease are terminally ill and many have already discovered the medical benefits of cannabis on their disorder. Studies from around the globe are identifying a variety of benefits derived from cannabis use. Medical uses for Cannabis were published yearly in the Pharmacoepia of the United States from its inception through 1941, when Cannabis was removed as a by-product of the Marijuana Tax Act of 1937. Evidence of the medical benefits of Cannabis are widely accepted and polls conducted by the Miami Herald clearly show Floridians who vote will support therapeutic access to Cannabis for ill patients under the care of their physician. Patients in Florida are using marijuana medically. A conservative estimation identifies potentially tens of thousands could use marijuana and qualify under the current medical necessity defense. These ill persons are forced to seek access to their medicine from black market sources. Patients who use marijuana medically are also subject to arrest in order to prove their need. The Supreme Court decision of May 2001 noted that had the Oakland Cannabis Club been operating as an agent of the Government distributing for a research program they would not have been in violation of Federal Law. States that have passed medical marijuana into law have met the challenge of distribution in several ways. Attached is a overview provided by the Marijuana Policy Project outlining distribution methods and state laws. The conflict between the care of our sick persons and the law in Florida is creating a vacuum in which Doctors can’t treat their patients and patients can’t trust their doctor. The cost to society from the fear of drug abuse and addiction must not include sacrificing ill persons who have found relief through Cannabis. The Solution The Coalition Advocating Medical Marijuana proposes to work with the Office of Drug Control and the Department of Health and Human Services to identify persons who qualify for the medical necessity defense outlined in Jenks and provide them access to medical grade Cannabis under the care of health care professionals. Under the proposed program five critical points are addressed: • Creation of a medical quality source of Cannabis • Identification and qualifications of persons participating as patients and caregivers • Dosage and distribution process of the Cannabis to qualified persons • Creation of a study protocol to measure therapeutic results • Education of the public and health care professionals about the value of therapeutic Cannabis Creation of a quality supply of marijuana Rick Doblin, Ph.D., a native of Florida, has created a protocol for licensing and growing marijuana that will meet the approval process of the Food and Drug Administration. This protocol could easily be implemented at the University of Gainesville Agricultural College for the pilot stage of this program. Horticulturists would be able to regulate the growing, harvesting and preparation process to ensure that each plant met predetermined therapeutic standards. Seeds of marijuana are an international commodity and easily available in some countries. The science of cross breeding has created seeds that produce a consistent product. Studies of marijuana strains on certain illnesses will be adapted and effective strains reproduced for clinical tests. At the University of Mississippi the Federal Government has been growing marijuana for research since the 1970’s. This is currently the only federally approved grow site in the country, with a number of states operating “test sites” for growing medical grade Cannabis as well as hemp. Several states are looking at funding orphan drug programs to research the medical effects of marijuana. These states will be seeking additional Cannabis product and the University Agricultural Programs are ideal candidates to benefit from those studies if they are among the first to organize and operate Cannabis research acreage. Identification and Qualifications of persons participating as patients and caregivers The Florida Supreme Court has shouldered the burden of qualifications for the pilot program. Patients who meet three criteria can already qualify for exemption from for the medical necessity defense. 1. The patient did not intentionally bring about the circumstances that caused him to break the law. 2. The defendant could not accomplish the same objective by alternative lawful means. 3. The unlawful act was less serious an offense to legal decency that the wrong the defendant sought to avoid. While new studies being conducted are showing the benefits of marijuana for a variety of ailments, case law does not support an open-ended research program at this time. An oversight committee may be formed to review case files of persons applying for the “Florida Compassionate Medicine Study Program”. Since consultation with a physician is a major factor in Jenks, we will look to the medical community and the Department of Health and Human Services to provide initial qualifications. Dr. Mark Laporter introduced a resolution to the Florida Medical Association in 1997 that was passed by the membership. This resolution stated “ BE IT RESOLVED: That the FMA urges the state and federal government and the US Public Health Service to open limited access to medical marijuana by reopening the investigational new drug program to new applicants. BE IT FURTHER RESOLVED: That the FMA shall urge Congress, the FDA, NIDA, DEA and all other relevant governmental agencies to expedite unimpeded research into the therapeutic potential of smokable marijuana….” Dosage and distribution of Cannabis to qualified persons The correct dosage for any individual patient shall be decided by that patient and personal physician. This is the standard method by which all medication dosages are decided and should not be varied for Cannabis. Distribution to the federally supplied patients in the United States is done through a pharmacy and it is envisioned this procedure could be replicated for a pilot program and beyond. Added protocols for distribution to other research programs would allow for increased study of this controversial plant. Florida’s Compassionate Medical Study Program will lead the way for other states that are struggling with distribution to adapt this model. While a smokeless form of Cannabis may be the end result of such studies, many patients with fatal long-term diseases who have found relief in this natural form should not be denied access to medical grade Cannabis, nor should they be forced to be the test subjects for inferior Cannabis products. Creation of a study protocol to measure therapeutic results Approved Cannabis gardens and/or contractors will operate under the Department of Agriculture. A study protocol shall be written by participating physicians to evalute the therapeutic results of clinical use. Education of the public and health care professionals Great strides will be taken to assure that the pilot program is publicized widely, that public education about the therapeutic value of Cannabis be integrated in such publicity, and is designed to inform and locate patients with a recognized need. An adjunct program of education shall be developed to insure the complete and proper education of all MD’s and RN’s in the proper dosage and administration of medical Cannabis.

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