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Federal marijuana monopoly PDF Print E-mail
Written by Jag Davies   
Thursday, 16 November 2006

Research supply in balance

Everyone at the MAPS office is on pins and needles as they await a critical legal decision that may alter the future course of cannabis research and policy reform for the coming years.
NOT AUTHORIZED for federal research ? California patients can grow cannabis under state law, but to get cannabis for a scientific study, you have to go to the NIDA garden in Mississippi due to the federal ban on growing cannabis for any use, industrial, medical or personal. MAPS hopes to change that policy. Oaksterdam News photo by Jaime Galindo.
NOT AUTHORIZED for federal research ? California patients can grow cannabis under state law, but to get cannabis for a scientific study, you have to go to the NIDA garden in Mississippi due to the federal ban on growing cannabis for any use, industrial, medical or personal. MAPS hopes to change that policy. Oaksterdam News photo by Jaime Galindo.
Lawyers representing Professor Lyle Craker, Ph.D., and the DEA submitted final legal briefs May 8 after a nine-month hearing, expecting a recommendation from DEA Administrative Law Judge (ALJ) Mary Ellen Bittner in three to six months. As Oaksterdam News goes to press, it has been almost six months.

NIDA has a monopoly on the supply of research-grade cannabis and uses this power to obstruct research that conflicts with its vested interests.

The Multidisciplinary Association for Psychedelic Studies (MAPS) sponsored production facility and, more importantly, the ability of anyone to conduct FDA-approved clinical trials on cannabis’ potential as a federally-approved prescription medicine, hang in the balance.

Prof. Craker and MAPS have been attempting for over five years to obtain a Schedule I license from the DEA, the only regulatory hurdle blocking them from ending the long-standing federal lock on the supply of research-grade cannabis.
Currently, the National Institute on Drug Abuse (NIDA) has a monopoly on the supply of research-grade cannabis by a single Mississippi garden — but no other Schedule I drug — that can be used in FDA-approved research. NIDA uses this power to obstruct research that conflicts with its vested interests.

MAPS had two of its FDA-approved medical marijuana protocols rejected by NIDA, preventing the studies from taking place. MAPS has also been trying without success for almost four years to purchase 10 grams of cannabis from NIDA for research into the constituents of the vapor from cannabis vaporizers, a non-smoking drug delivery method that has already been used in one FDA-approved human study. If DEA’s ALJ Bittner makes a favorable recommendation, it will be a unique window of opportunity to break NIDA’s cannabis monopoly and take the first steps toward developing cannabis into a federally-approved medicine.

Unfortunately, though, a positive recommendation is not a guarantee that Prof. Craker will receive his license, because the DEA can still choose to accept or reject the ALJ’s recommendation. Administrative Law Judge appointed to oversee its decisions. After ALJ Francis Young ruled in 1988 that cannabis should be moved out of Schedule 1, the DEA got an Appeals Court ruling in 1991 that it was free to do so on its own sweet time, and has delayed following his order for 18 years, with no sign of having any intention to comply.

MAPS is preparing to pressure the DEA to accept Judge Bittner’s recommendation if she does recommend the DEA issue Craker a Schedule I license. They already have support from 38 Congressional Representatives, Senators Kerry and Kennedy, and numerous key medical and public health organizations. MAPS has been working with David Ostrow, M.D., who is funded by the Marijuana Policy Project (MPP), to lobby the American Medical Association (AMA) to pass a two-fold resolution that would both encourage medical marijuana research, and the protection of patients in states that have approved the medical use of cannabis. They have been working with certain key state medical associations over the past several months with the aim of identifying one willing to formally propose the resolution.

If Prof. Craker does receive a positive recommendation from Judge Bittner, MAPS will need all supporters to contact their Congressional Representatives, so look for an update.

* Jag Davies is Director of Communications with MAPS. For online info and updates: maps.org/mmj/DEAlawsuit.html

Jag Davies
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Last Updated ( Friday, 17 November 2006 )
 
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