Pubdate: Mon, 25 Jun 2001
Source: American Medical News (US)
Copyright: 2001, American Medical Association
Contact: http://www.ama-assn.org/public/journals/amnews/edlet.htm
Website: http://www.amednews.com/
Details: http://www.mapinc.org/media/1235
Author: Tanya Albert, AMNews staff

NEVADA APPROVES BILL ON MEDICAL USE OF MARIJUANA

The legislation isn't expected to raise problems with federal authorities, 
but the state medical association opposes it.

Despite the recent U.S. Supreme Court ruling that put the kibosh on 
California's cannabis buying clubs, the Nevada Legislature earlier this 
month voted to legalize the medical use of marijuana there.

The key difference in Nevada's system that some experts say should allow 
the legislation to go forward without much, if any, interference from the 
federal government is the way the law lets patients access medical marijuana.

Unlike California's buying clubs, where large amounts of marijuana were 
grown in a central location and then distributed to patients, Nevada's 
legislation would allow patients or their caregivers to have up to seven 
plants for their personal use.

It's similar to laws in Oregon and Maine in that respect, and neither of 
those states has encountered problems with the federal government before or 
after the May high court ruling.

"Our analysis is that the Supreme Court ruling said there is no medical 
necessity defense and that buying clubs weren't legal," said Brenda Erdes, 
legislative counsel with Nevada's Legislative Counsel Office, which 
directed the state Legislature on the best way to write the law without 
running into problems. "But there wasn't anything beyond that."

The court ruling didn't strike down laws or ballot initiatives that passed 
in nine states in recent years, including California.

And in Oregon and Maine, where medical marijuana programs have been up and 
running for several years, the ruling hasn't changed physician habits when 
it comes to recommending whether patients should be allowed to have 
marijuana for medical purposes.

"We've received no questions to our knowledge," said Jim Kronenberg, 
spokesman for the Oregon Medical Assn.

"The atmosphere is unchanged," added Kevin Neely, spokesman for the Oregon 
Attorney General's Office. "Physicians have always been wary because they 
are subject to federal laws."

Buffering physicians

But Oregon has tried to make physicians feel more confident that they won't 
get in trouble with federal authorities.

Oregon law requires patients to get a note from their doctor, which they 
can bring to the state to receive a license which allows them to own 
marijuana plants, Neely said. About 2,300 cards have been issued.

Nevada's legislation, which at press time was waiting for the governor's 
expected signature, tries to do something similar.

In addition to letting patients cultivate seven plants, the state would 
create a registry for patients whose physicians recommended that they use 
medical marijuana to treat side effects of their serious illnesses.

Nevada also would take things a step further than other states have.

It plans to ask the federal government for permission to conduct research 
on whether marijuana helps ease pain, nausea and other problems that people 
with cancer, AIDS and other serious illnesses encounter.

Despite the research component of the legislation, the Nevada State Medical 
Assn. continues to oppose legalizing medical marijuana. The medical 
benefits haven't been shown, and the federal government would have to 
change its policies for the drug to be legal, said NSMA Executive Director 
Lawrence P. Matheis.

"It simply is a popular vote," he said. "It's empathy for people who are 
chronically ill. There is question to whether there is any medical value. 
... The [state] constitution is a terrible place to put a medical directive."

Las Vegas oncologist Arnold Wax, MD, agreed.

He pointed to a study in the July 1, 2000, Journal of Immunology that found 
that the active ingredient in marijuana actually caused cancer cells to 
reproduce faster.

And, he said, there are plenty of other legal drugs on the market to treat 
patients, including Marinol (dronabinol), manufactured by Roxane 
Laboratories Inc. and Unimed Pharmaceuticals Inc. Marinol is the synthetic 
form of THC, the active ingredient in marijuana.

"There is absolutely no use for [medical marijuana]," he said. "It is a 
social and emotional issue. It is not a medical issue."
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MAP posted-by: Keith Brilhart