This Blog is about Cannabis, marijuana, weed, ganja.
Tuesday, 19 April 2016
The Science Behind the DEA's Long War on Marijuana
Experts
say listing cannabis among the world’s deadliest drugs ignores decades
of scientific and medical data. But attempts to delist it have met with
decades of bureaucratic inertia and political distortion
By David Downs
Raw cannabis flower bud. Credit: David Downs
Speculation
is growing about the possibility that the U.S. Drug Enforcement
Administration (DEA) will review by summer its “Schedule I” designation
of marijuana as equal to heroin among the world’s most dangerous drugs.
Very few Americans know of or understand the DEA’s drug-ranking process,
and a review of cannabis’s history as a Schedule I drug shows that the
label is highly controversial and dubious.
Disgraced Attorney General John Mitchell of the Nixon administration
placed marijuana in this category in 1972 as part of the ranking or
“scheduling” of all drugs under the 1970 Controlled Substances Act.
Schedule I drugs are deemed to have no medical use and a high potential
for abuse.
Cannabis has been there ever since. “As of today, marijuana
has never been determined to be medicine,” says Russ Baer, staff
coordinator in the Office of Congressional and Public Affairs at the
DEA. “There’s no safe, effective medical use, and a high abuse
potential, and it can’t be used in medical settings.”
This determination
has come to be insulated by a byzantine, Kafkaesque bureaucratic
process now impervious to the opinion of the majority of U.S.
doctors—and to a vast body of scientific knowledge—many experts say.
“Of course cannabis has medical uses,” says University of California,
San Francisco integrative oncologist Donald Abrams, one of the few
researchers who have been able to obtain extremely limited,
government-approved supplies of research cannabis for human trials.
“It’s pretty clear from anthropological and archaeological evidence that
cannabis has been used as a medicine for thousands of years—and it was a
medicine in the U.S. until 1942,” Abrams adds.
“I’m an oncologist and I
say all the time, not a day goes by when I’m not recommending cannabis
to patients for nausea, loss of appetite, pains, insomnia and
depression—it works.”
Cannabis extract solution being filtered. Credit: David Downs
Marijuana’s placement in Schedule I did not happen in a vacuum,
historians note. Overt racism, combined with New Deal reforms and
bureaucratic self-interest are often blamed for the first round of
federal cannabis prohibition under the Marihuana Tax Act of 1937, which
restricted possession to those who paid a steep tax for a limited set of
medical and industrial applications.
(Cannabis was removed from the
official U.S. Pharmacopeia in 1942.) “In segregated America newspapers
were saying, ‘this stuff makes white women and black men have sex,’”
notes historian Martin Lee, author of Smoke Signals: A Social History of Marijuana.
The American Medical Association initially opposed prohibition.
Cannabis was medically useful, says William Woodward, association
counsel. “Congress being what it was at the time, you could ram things
through just by bullshitting,” Lee adds. “Who’s going to be stepping up
to the plate [in 1937] to defend a drug that blacks, Latinos and jazz
musicians use?”
The Tax Act passed amid New Deal reforms, and the first marijuana
peddlers were arrested and jailed that year. Science reared its head
within a decade, though. In 1944 the La Guardia Committee report from
the New York Academy of Medicine was the first in a long line of
official bodies to question the prohibition. The committee found
marijuana not physically addictive, not a gateway drug and that it did
not lead to crime.
But Harry Anslinger, head of the then–Federal Bureau
of Narcotics, labeled the report unscientific and prohibition rolled on.
“Every 10 years since then—although we’re a bit off schedule—some
august governing body has reviewed the data and come up with the same
finding [against prohibition],” Abrams says.
The Tax Act’s mode of federal cannabis prohibition became illegal in 1969 with the case Leary v. United States,
which found that purchasing a marijuana tax stamp amounted to
self-incrimination. The verdict spurred Congress to repeal the Tax Act
and replace it with the more comprehensive Controlled Substances Act of
1970.
Marijuana was placed in Schedule I in 1971 provisionally, until the
science could be assessed. But Pres. Richard Nixon saw pot prohibition
as a way to destroy the antiwar left, according to clandestine
recordings made by Nixon in the White House as well as statements from
his staff to the press.
Nixon convened The National Commission on
Marihuana and Drug Abuse (what became known as the Shafer Commission) to
engineer scientific support for cannabis’s Schedule I placement. “I
want a goddamn strong statement on marijuana,” Nixon said in tapes from
1971. “Can I get that out of this sonofabitching, uh, domestic council? …
I mean one on marijuana that just tears the ass out of them.”
Packs of cannabis oil for cancer and epilepsy patients. Credit: David Downs
The Shafer Commission found in 1972 that cannabis was as safe as
alcohol, and recommended ending prohibition in favor of a public health
approach. But by then the Federal Bureau of Narcotics had been removed
from the Treasury Department and merged into the U.S. Department of
Justice—where Nixon’s ally, Attorney General John Mitchell, placed
cannabis in Schedule I in 1972; that same year he resigned to head
Nixon’s re-election committee.
(He later stood trial in 1974 over the
Watergate scandal and served 19 months of a prison sentence for
conspiracy, perjury and obstruction of justice.] “You want to know what
this was really all about?” Nixon aid John Ehrlichman told journalist
Dan Baum in 1994, according to an article published in Harper’s Magazine
in 2016.
“The Nixon campaign in 1968, and the Nixon White House after
that, had two enemies: the antiwar left and black people. You understand
what I’m saying? We knew we couldn’t make it illegal to be either
against the war or black, but by getting the public to associate the
hippies with marijuana and blacks with heroin, and then criminalizing
both heavily, we could disrupt those communities.
We could arrest their
leaders, raid their homes, break up their meetings and vilify them night
after night on the evening news. Did we know we were lying about the
drugs? Of course we did.”
Anyone can petition the DEA to reschedule any drug, Baer says. The
DEA takes advice from the U.S. Food and Drug Administration, Department
of Health and Human Services, the DEA’s administrative law judges, along
with others, but “the buck stops here. We have final scheduling
authority,” he says. “Really it comes down to science. That’s the
foundation of the argument. We’re bound by that scientific and medical
evaluation.”
Many would disagree. Decades ago the DEA’s own administrative law
judge, Francis Young, recommended unscheduling cannabis in response to a
petition from activist groups. Young ruled in 1988 that “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.” The DEA denied
the petition anyway.
In 1999, in response to California medical legalization, the
Institute of Medicine found that marijuana had medical uses and a
relatively low potential for abuse, leading to another round of
petitioning. The DEA denied a petition again in 2011, citing a lack of
available research specifically on smoked marijuana in the U.S.
Researchers say this represents a classic catch-22, as the paucity of
research is the direct result of a federal blockade on such research by
the DEA and the National Institute on Drug Abuse (NIDA).
“The reason we
don’t have more data is because it’s quite difficult to study. The only
legal source of cannabis is NIDA, which has a Congressional mandate to
only study its harms,” Abrams says.
Researchers also note that about two
dozen countries including Israel, Canada and the Netherlands as well as
several legalization states such as California and Colorado, have reams
of scientific data on the safety and efficacy of smoked cannabis as
well as other formulations.
Many physicians are also frustrated by the DEA’s apparent
intransigence in the face of mounting evidence and interest. In 2009 the
American Medical Association recommended the DEA review marijuana’s
Schedule I status. And a 2014 Medscape survey of roughly 1,500 doctors
found 56 percent supported legalizing medical cannabis nationally, with
82 percent support among responding oncologists. “If physicians are in
support of cannabis as a medicine, why is it not medicine?” Abrams asks.
In 2014 lawmakers blasted DEA Administrator Michele Leonhart on the
floor of Congress for failing to reply to questions about whether or not
heroin was more or less dangerous than marijuana, which is also often
used to treat pain. Both are Schedule I—yet cannabis has no obtainable
lethal overdose threshold whereas 19,000 Americans died from
prescription opioid overdoses in 2014 alone.
Earlier this year a
researcher at The Brookings Institution called for emergency
rescheduling of cannabis to save American lives. All 2016 presidential
candidates have vowed to either honor state-level medical legalization,
reschedule cannabis or unschedule it entirely. “I think the federal
government has forfeited any claim to credibility around cannabis,” Smoke Signals
author Lee says.
For example, although cannabis is Schedule I, the
synthetic and pure form of the plant’s most hallucinatory ingredient,
tetrahydrocannabinol, or THC, is in Schedule III alongside codeine under
a pharmaceutical formulation called Marinol that can be legally
prescribed for nausea and wasting.
“I’ve taken [Marinol]. It’s
horrible,” Lee says. “I can’t imagine how anyone in their right mind
would think being on Marinol is safer than smoking weed. Marinol is like
an edible—you can’t do anything.” Baer contends that pure THC is a
single molecule, and therefore considered safer than the plant cannabis,
which contains more than 300 types of molecules.
The FDA and Health and Human Services have given the DEA new
rescheduling recommendations, but Baer would not say what they are. A
potential change in scheduling could happen by summer, according to an
interagency memo sent to eight lawmakers earlier this month. Marijuana’s
Schedule I status “really is a national embarrassment,” Lee says.
“It
gives new meaning to the phrase, ‘the big lie’. It’s like saying, ‘The
moon is made of green cheese.’ That this could remain until the present
day is laughable only in that it keeps you from crying.”
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