URGENT! Call Senators to OPPOSE Coburn Amendment!

An update from Congress. Sen. Tom Coburn, (R-OK) is introducing an amendment to a tobacco bill that we believe will be very bad for medical cannabis. Essentially, the bill will try to obstruct medical cannabis laws in states by forcing compliance with FDA regulations, an impossible task for states to do given the obstruction of research by DEA that would bring cannabis through the FDA approval process. Iit is essential that YOUR SENATORS SPECIFICALLY hear from constituents who are opposed to this bill, and as local medical cannabis supporters, you have the means to call and to get other people to call, as well. The bill can come up at any time so its important that we act quickly. Please call BOTH of your Senators immediately and tell them to OPPOSE the Coburn Medical Marijuana Amendment (Amdt. 1225). Here are some talking points: 5 REASONS TO OPPOSE THE COBURN MEDICAL MARIJUANA AMENDMENT (AMDT 1225) 1. A NONGERMANE AMENDMENT: Marijuana is a schedule I controlled substance, as defined by the Controlled Substances Act. As such, federal law specifically prohibits its use – even for medical or therapeutic purposes. If Sen. Coburn wants the FDA to regulate marijuana for medical use, he should first seek to change or amend the CSA. The FDA regulates only those drugs approved for medical use, including all schedule II, III, IV, and V drugs. However, no such approval has yet been granted for marijuana. 2. THE EFFECT IS NOT CLEAR: This isn’t the first time Sen. Coburn has attempted interfere with state medical marijuana laws via the FDA, he made a similar attempt in 2007. A CRS review concluded that the effect of the amendment was unclear and could complicate federal marijuana enforcement between FDA and DEA (see attached). KEY HIGHLIGHTS FROM CRS: · “The ultimate effect of the amendment is not clear.” [CRS-2] · “ ….because the amendment would make state-legalized medical marijuana subject to FDA review and approval, the plain language of the amendment also appears to provide a potential pathway to federal legalization of medical marijuana.” [CRS-2] · “However, because the amendment references existing FFDCA requirements that arguably do not apply to intrastate activities, another possible interpretation suggests that purely intrastate medical marijuana activities would not be affected by some of the requirements set forth in the amendments.” [CRS-4] · “the medical marijuana amendment does not explicitly state Congress’ intentions to override the CSA regarding its marijuana prohibitions. However, this apparent conflict could complicate enforcement and regulatory efforts conducted by the two agencies.” [CRS-5] 3. FDA REVIEW IS ONGOING: Since 2007, the Center for Medical Cannabis Research (CMCR) has sponsored four double-blind, placebo-controlled, FDA-approved Phase 1 and 2 clinical trials which demonstrate that smoking cannabis (marijuana), even in low doses, effectively alleviates the neuropathy pain associated with HIV/AIDS. The results of these clinical trials have been reviewed and published by reputable medical journals. · In February 2007, Neurology published the results of a Phase I clinical trial which concluded smoked cannabis was well tolerated and effectively relieved chronic neurpathic pain from HIV-associated sensory neuropathy. The findings are comparable to oral drugs used for chronic neuropathic pain. · In November 2007, Anesthesiology published results of a clinical trial conducted by researchers at UCSD Center for Pain Medicine which concluded that normal volunteers subjected to chemically induced pain which mimics neuropathy also responded to medium doses of smoked cannabis. · In June 2008, the Journal of Pain, published the results of a clinical trial conducted by researchers at UC Davis which also concluded that even low doses of smoked cannabis can be effective in managing hard-to-treat neuropathic pain. In fact, investigators found that low- and high-dose cannabis produced similar levels of pain relief, reducing the intensity of the severe nerve pain. The researchers specifically noted that cannabis not only fights pain itself but also interacts with opiate-based painkillers to increase their effectiveness, particularly in neuropathic pain. They also note that using isolated synthetic cannabinoids such as THC (dronabinol) did not provide the same degree of efficacy as a whole-plant preparation of cannabis. · In August 2008, Neuropsychopharmacology, published the results of a Phase II clinical trial conducted by researchers at UCSD School of Medicine which concluded, once again, that smoked cannabis was generally well tolerated and effective when added to concomitant analgesic therapy in patients with HIV-related neuropathy pain not adequately controlled by other pain-relievers. . 4. NIDA’s MONOPOLY THWARTS FDA APPROVAL: At present, the ONLY way for medical marijuana to be properly evaluated by the FDA is for privately-funded sponsors to conduct FDA-approved clinical trials (like any other drug evaluation). If Senator Coburn’s intentions with regard to the medical efficacy of marijuana were genuine, he would consider first removing the monopoly imposed by the Drug Enforcement Administration (DEA) on licenses for the cultivation of medical-grade cannabis for research purposes. Currently, the DEA exclusively licenses the cultivation of medical-grade cannabis to the National Institute for Drug Abuse (NIDA), which expressly investigates only the negative impacts of cannabis. This monopoly obstructs any investigation and research in the U.S. into the medical properties of cannabis and thwarts the normal drug approval process. To read more about the monopoly issue see http://americansforsafeaccess.org/downloads/Research_Obstruction_Report.pdf. STATE PROGRAMS CONFLICT, BUT REMAIN LEGAL: The Section 903 of the CSA strikes a purposeful balance on the enforcement of controlled substances. According to the Congressional Research Service report, Medical Marijuana: Review and Analysis of Federal and State Policies, “the CSA is not preempted by state medical marijuana laws, under the federal system of government, nor are state medical marijuana laws preempted by the CSA. States can statutorily create a medical use exception for botanical cannabis and its derivatives under their own, state-level controlled substance laws. At the same time, federal agents can investigate, arrest, and prosecute medical marijuana patients, caregivers, and providers in accordance with the federal Controlled Substances Act, even in those states where medical marijuana programs operate in accordance with state law.” So, while state law may conflict with federal law, the CSA expressly disavows preemptive intent. In fact, the Supreme Court recently denied review of a case challenging the validity of state laws based on the preemption argument. FOR THESE REASONS, ASA URGES OPPOSITION TO OPPOSE THE COBURN MEDCAL MARIUANA AMENDMENT.