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<$Project P.E.A.C.E. -- Planet Ecology Advancing Conscious Economics$>
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Why is "One of the safest therapeutically active substances known to man" still a "Schedule I drug"
The Drug Enforcement Administration (DEA) defines a "Schedule I drug" as follows:
* The drug or other substance has a high potential for abuse.
* The drug or other substance has no currently accepted medical use in treatment in the United States.
* There is a lack of accepted safety for use of the drug or other substance under medical supervision.
* Some Schedule I substances are heroin, LSD, marijuana, and methaqualone.
The UNITED STATES DEPARTMENT OF JUSTICE Drug Enforcement Administration
issued the following decision:
In The Matter Of
Docket No. 86-22
MARIJUANA RESCHEDULING PETITION
OPINION AND RECOMMENDED RULING, FINDINGS OF
FACT, CONCLUSIONS OF LAW AND DECISION OF
Administrative LAW JUDGE.
FRANCIS L. YOUNG, Administrative Law Judge
DATED: SEP 6 1988
"Thus the
dispute between the two sides in this proceeding is narrowed to whether
or not marijuana has a currently accepted medical use in treatment in the
United States, and whether or not there is a lack of accepted safety for
use of marijuana under medical supervision. "
" The overwhelming preponderance of the evidence in this record
establishes that marijuana has a currently accepted medical use in
treatment in the United States for nausea and vomiting resulting from
chemotherapy treatments in some cancer patients. To conclude otherwise,
on this record, would be unreasonable, arbitrary and capricious. "
"Based upon the rationale set out in pages 26 to 34, above, the
administrative law judge concludes that, within the meaning of the Act,
21 U.S.C. ? 812(b)(2)(B), marijuana "has a currently accepted medical use
in treatment in the United States" for spasticity resulting from multiple
sclerosis and other causes. It would be unreasonable, arbitrary and
capricious to find otherwise. The facts set out above, uncontroverted by
the Agency, establish beyond question that some doctors in the United
States accept marijuana as helpful in such treatment for some patients.
The record here shows that they constitute a significant minority of
physicians. Nothing more can reasonably be required. That some doctors
would have more studies and test results in hand before accepting
marijuana's usefulness here is irrelevant."
The only proper question for the Agency here is:
Have a significant minority of physicians accepted marijuana as safe for
use under medical supervision?
"The gist of the Agency's case against recognizing marijuana's
acceptance as safe is to assert that more studies, more tests are needed.
The Agency has presented highly qualified and respected experts,
researchers and others, who hold that view. But, as demonstrated in the
discussion in Section V above, it is unrealistic and unreasonable to
require unanimity of opinion on the question confronting us. For the
reasons there indicated, acceptance by a significant minority of doctors
is all that can reasonably be required. This record makes it abundantly
clear that such acceptance exists in the United States."
12. The therapeutic ratio for prescribed drugs is commonly
around 1:10 or lower. Valium, a commonly used prescriptive drug, may
cause very serious biological damage if patients use ten times the
recommended (therapeutic) dose.
13. There are, of course, prescriptive drugs which have much
lower therapeutic ratios. Many of the drugs used to treat patients with
cancer, glaucoma and multiple sclerosis are highly toxic. The
therapeutic ratio of some of the drugs used in antineoplastic therapies,
for example, are regarded as extremely toxic poisons with therapeutic
ratios that may fall below 1:1.5. These drugs also have very low LD-50
ratios and can result in toxic, even lethal reactions, while being
properly employed.
14. By contrast, marijuana's therapeutic ratio, like its LD-50,
is impossible to quantify because it is so high.
15. In strict medical terms marijuana is far safer than many
foods we commonly consume. For example, eating ten raw potatoes can
result in a toxic response. By comparison, it is physically impossible
to eat enough marijuana to induce death.
"Marijuana, in its natural form, is one of the safest
therapeutically active substances known to man. By any measure of rational analysis
marijuana can be safely used within a supervised routine of medical care."
"Based upon the facts established in this record and set out above
one must reasonably conclude that there is accepted safety for use of
marijuana under medical supervision. To conclude otherwise, on this
record, would be unreasonable, arbitrary and capricious."
CONCLUSION AND RECOMMENDED DECISION
"Based upon the foregoing facts and reasoning, the administrative law
judge concludes that the provisions of the Act permit and require the
transfer of marijuana from Schedule I to Schedule II. The Judge realizes
that strong emotions are aroused on both sides of any discussion
concerning the use of marijuana. Nonetheless it is essential for this
Agency, and its Administrator, calmly and dispassionately to review the
evidence of record, correctly apply the law, and act accordingly.
"The evidence in this record clearly shows that marijuana has been
accepted as capable of relieving the distress of great numbers of very
ill people, and doing so with safety under medical supervision. It would
be unreasonable, arbitrary and capricious for DEA to continue to stand
between those sufferers and the benefits of this substance in light of
the evidence in this record.
"The administrative law judge recommends that the Administrator
conclude that the marijuana plant considered as a whole has a currently
accepted medical use in treatment in the United States, that there is no
lack of accepted safety for use of it under medical supervision and that
it may lawfully be transferred from Schedule I to Schedule II. The judge
recommends that the Administrator transfer marijuana from Schedule I to
Schedule II.
Dated: SEP 6 1988
Francis L. Young
Administrative Law Judge
(End of Document)
To maintain Cannabis as a Schedule I drug is a violation of human rights that is equivalent to torture. Taking a safe and effective herbal therapeutic away from someone suffering from pain or illness, is the same as inflicting that suffering upon them. The inhumanity of Cannabis prohibition is too immense for most people to comprehend, but that should not serve as an excuse for allowing the situation to remain as it is.
PvH
posted by projectpeace @
11:35 AM
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Saturday, April 24, 2004  |
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