Texas Patient Wins Landmark Acquittal in Medical Marijuana Case

[yowzayowzayowza]

Red state sanity!!!

Texas Patient Wins Landmark Acquittal in Medical Marijuana Case

March 27, 2008

AMARILLO, TEXAS — A Texas patient who uses medical marijuana to treat the symptoms of HIV won acquittal on marijuana possession charges March 25 based on a "necessity defense." Though such a defense – which requires the defendant to establish that an otherwise illegal act was necessary to avoid imminent harm more serious than the harm prevented by the law he or she broke – has rarely been successful in Texas, the jury took just 11 minutes to acquit Tim Stevens, 53. The trial was hotly contested.

...

Extensive research has established medical marijuana as an effective treatment for nausea and vomiting associated with HIV/AIDS and cancer chemotherapy, uses recently acknowledged by the prestigious American College of Physicians. Key in establishing Stevens' medical necessity was the testimony of Dr. Steve Jenison, medical director of the Infectious Diseases Bureau for the state of New Mexico's Department of Health.

"This case proved to be a testing ground for public attitudes toward medical marijuana," said attorney Jeff Blackburn, who represented Stevens. "Even in a very conservative part of a very conservative state, jurors were willing to listen to the facts about medical marijuana and give Tim a break, and I hope this case will help to create a trend in Texas."

... alil more.

http://www.mpp.org/news/press-releases/texas-patient-wins-landmark-ac.html

Amarillo TV: http://www.newschannel10.com/global/story.asp?s=8080908

[Echo In Light]

1. "...public attitudes toward medical marijuana." And otherwise!

[druidity33]

3. excellently noir swan photo

is it yours?

[MikeNearMcChord]

2. I'm glad for Mr.Stevens

As for the Potter County prosecutor and the Ararillo PD, do you guys have any REAL criminals to prosecute?

[Ichingcarpenter]

4. At one time possession in Texas was 20 years for a joint

My brother worked on the Supreme Court and got the law changed.

Hopefully, we can get the Feds out the clinics out here in California.

Good news, I read that article today.

[1776Forever]

5. Thanks go to Dr. Jenison who was key in establishing Stevens' medical necessity

"Dr. Steve Jenison, medical director of the Infectious Diseases Bureau for the state of New Mexico's Department of Health." There should be more experts in chronic disease to discuss the need for this treatment.

As Montel William MS Foundation states:

http://www.montelms.org/TakingAction

To support the "Truth in Trials Act" (H.R. 1717), the first-ever medical marijuana bill in the U.S. House of Representatives designed to help prevent sick people from being labeled as criminals, please log on to www.aclu.org. You might also visit www.drugpolicy.org, the website for the Drug Policy Alliance, which advocates for new drug policies based on science, compassion, health and human rights or www.mpp.org, the website for Marijuana Policy Project, the largest marijuana policy reform organization in the United States.

Those just acquainting themselves with this issue might review the research on medical marijuana as it relates to MS, including an objective look at both the risks and benefits. I recommend that you visit the Rocky Mountain MS Center's Complimentary and Alternative Medicine website, www.ms-cam.org.

...........

There is a heck of a lot of pain in this world and anything that can be done to make life worth living and give someone quality of life help we should all be for!!

:pals:

[Divine Discontent]

6. amen! eom

[truedelphi]

7. What very good news. n/t

[samsingh]

8. good

[MrsBrady]

9. wow....Amarillo?

conservative Amarillo?

A man with HIV in AMARILLO was acquitted?
WOW :wow:

I think that is really great. But pigs must be flying somewhere.

Maybe there is hope for us after all.

I know how conservative it is there, have family/roots there.

wow...just wow.

[crimsonblue]

10. For once, I will light up in honor of the good people of Texas...

Figuratively speaking, of course... ;)

[GuvWurld]

11. Former Surgeon General: Mainstream Medicine Has Endorsed Medical Marijuana

http://www.alternet.org/drugreporter/80582

Former Surgeon General: Mainstream Medicine Has Endorsed Medical Marijuana

By Dr. Jocelyn Elders, AlterNet. Posted March 26, 2008.

A historic document from the 124,000-member American College of Physicians certifies the medical value of marijuana.

One of America's largest and most important groups of physicians has moved to cut through the clutter of political controversies over medical use of marijuana. Lawmakers and the public alike would do well to pay attention.

The American College of Physicians is the largest medical specialty organization and the second largest physician group in the United States. Its 124,000 members are doctors specializing in internal medicine and related subspecialties, including cardiology, neurology, pulmonary disease, oncology and infectious diseases. The College publishes Annals of Internal Medicine, the most widely cited medical specialty journal in the world.

In a landmark position paper released in February, these distinguished physicians are saying what many of us have been arguing for years: Most of our laws have gotten it wrong when it comes to medical marijuana, and it's time for public policy to get in step with science.

Right now, the laws of 38 states and the federal government bar use of marijuana as a medicine. Federal law classifies marijuana as a Schedule I drug, defined as having no accepted medical use and being unsafe for use even under medical supervision.

ACP's position paper urges "reclassification into a more appropriate schedule, given the scientific evidence regarding marijuana's safety and efficacy in some clinical conditions." The document goes on to call for protection of physicians' right to "prescribe or dispense medical marijuana in accordance with state law" and "strongly urges protection from civil or criminal penalties for patients who use medical marijuana as permitted under state laws."

ACP supports its position with 10 pages of scientific documentation and references. They cite data showing relief of the nausea, vomiting and wasting that can worsen the misery of cancer, AIDS and other diseases; of the pain and tremors associated with multiple sclerosis; and for relief of pain caused by a variety of other conditions. They note that marijuana in combination with some pharmaceuticals may produce more benefit than either drug alone.

ACP calls for more research, but then adds a critical point: In some areas, the efficacy of medical marijuana has already been established, and it's time for studies designed to determine the best dose and route of delivery.

The ACP position paper demolishes several myths, starting with the notion still proclaimed by some politicians that marijuana is unsafe for medical use. The College notes that the most serious objection to medical marijuana -- potential harm to the lungs from smoking -- has largely been solved by a technology called vaporization, already proven in scientific studies.

The ACP position paper also explains that there is no reason to believe that protecting medical marijuana patients leads to increased drug abuse. "Marijuana has not been proven to be the cause or even the most significant predictor of serious drug abuse," the doctors write. "Opiates are highly addictive, yet medically effective ... There is no evidence to suggest that medical use of opiates has increased perception that their illicit use is safe or acceptable."

This is an historic document. Large medical associations are by their nature slow, cautious creatures that move only when the evidence is overwhelming. The evidence is indeed overwhelming that, as ACP put it, there is "a clear discord" between what research tells us and what our laws say about medical marijuana.

It appears that voters and lawmakers in a number of states will consider medical marijuana proposals this year, and Congress will again be asked to stop federal attempts to interfere with the 12 state medical marijuana laws already in place. It's time to end that "clear discord" and put science ahead of politics.

Dr. Jocelyn Elders served as U.S. Surgeon General from 1993 to 1994, and is currently distinguished professor of pediatrics and public health at the University of Arkansas School of Medicine in Little Rock.