THROUGH THEIR EYES: PATIENTS BATTLING FOR LIBERTY, FREEDOM, AND LIFE
Matt Worthy
Writer’s comment:
After observing several smirks and giggles from the class about my
announced topic, a friend of mine noted, “that gives you an idea of how
you’ll have to present your argument . . . to get through those thick
skulls.” Hopefully the reactions were not due to “thick” skulls, but
rather misinformed ones. I thank both Ms. Walker and the Prized Writing
committee for having open minds. Unfortunately, in much of today’s
society the mere mention of “the m-word” causes people to turn away.
I had two very special opportunities in writing this
paper—talking with George McMahon and attending a meeting at the San
Francisco Cannabis Buyers’ Club. I’ve read hundreds of pages of
testimony and statistics about marijuana, but nothing made the issue as
clear as speaking one on one to the real people involved in this
unfortunate situation. This personal experience provided me with a
compassionate understanding for the victims of a serious social
mistake, and I only wish that readers will glean the same. Having a
chance to write about something important to others, as well as myself,
added strength to my researching skills and my writing ability. It also
aided in landing me a job helping disadvantaged youths learn to grow
and express themselves through art—another opportunity to make things
right for people who need caring and support.
—Matt Worthy
Instructor’s comment: The final assignment in my
English 101 (Advanced Composition) class combines the three modes of
writing the students practiced during the quarter: first-person
reporting, explanation, and argumentation. I insist that this final
essay include a dimension of personal experience or first-person
reporting, because I want their arguments to incorporate all three
classical modes of persuasion: ethos, pathos, and logos.
Matt Worthy welcomed the challenge of supplementing the
research he had already begun on his topic, the medical uses of
marijuana, with some personal reporting. But it wasn’t easy, even after
he managed to make the appropriate contacts. The monthly meeting of the
San Francisco Cannabis Buyers’ Club fell on the day before our final
exam this spring. In the three days I could give him before grades were
due, Matt did a heroic job of integrating the voices he heard at the
CBC into his argument. Readers can judge for themselves how much these
personal testimonies enrich the persuasive power of his essay.
—Jayne Walker, English Department
Liberty, I am told, is a Divine thing. Liberty when it becomes the “Liberty to die by starvation” is not so divine! —Thomas Carlyle, Past and Present
If a doctor told you that you could either
go blind in three years from glaucoma or break the law by smoking pot,
which would you choose? If marijuana could prolong your life by
allowing you to continue cancer chemotherapy without the unending
vomiting and nausea, would you consider it? If cannabis could stop
epileptic seizures that had plagued you since childhood, would you use
it? This medicine can benefit patients suffering from these and many
other afflictions, but it is being withheld; they are being denied a
right granted to all living things—that of self-preservation.
“It’s not about drugs, it’s about letting men fight,” George McMahon
told me when I was fortunate enough to speak with him about cannabis
prohibition. McMahon is one of the last eight people in the United
States currently receiving medical marijuana from the federal
government. George was born with the need for drugs to help his
condition—Nail Patella Syndrome (a rare neurological disorder). By the
age of one he was being given beer, opiates before the age three, and
had two forced addictions, to codeine and morphine, by the age of
fourteen. He’s had every drug in the book, but marijuana is the one
that helps: “This is damn good medicine, and it works the same every
time.”
George was able to obtain marijuana through the federally regulated
Investigational New Drug (IND) program, but it took him over two years
to get past the repetitious paperwork. Few individuals were lucky
enough to enter the program, and many didn’t last through the
application period: “A lot of people tried to get in, and most of them
have died,” says George. Later, 34 patients were approved for the
program but were denied access to their medicine by the Drug
Enforcement Administration (Gorman 27). In March 1992 the program was
officially discontinued, leaving hundreds of ill patients without hope.
McMahon’s daughter, who suffers from the same condition as her father,
cannot obtain the drug either. By 1994, 36 states had enacted
legislation to make marijuana available for medical use, but federal
laws still inhibit the states’ wills (Grinspoon 17).
Under the Controlled Substances Act of 1970, marijuana is classified as
a Schedule I drug—having a high potential for abuse, having no
currently accepted medical use in treatment in the United States, and
lacking accepted safety for use of the drug under medical supervision.
Schedule I drugs are not available to patients even by prescription and
are only occasionally granted to researchers under strict guidelines.
The Food and Drug Administration has, at various times, based its
refusal of a schedule change for marijuana on claims that it lacks the
authority to regulate the practice of medicine and that there is an
absence of data necessary for approval. Yet as Administrative Law Judge
Francis L. Young observed in his review of another drug, MDMA, on May
27, 1986:
The last [statement] flies directly in the face of the preceding
statements of a complete reversal of position with no stated basis
whatsoever. One can only conclude that, in the context of the battle
over marihuana, FDA temporarily lost sight of its long-acknowledged
lack of statutory authority to regulate the practice of medicine.
Perhaps it failed to realize the full effect of its statement.
Perhaps it did, but the latter claim is gibberish anyway: experiments
have been conducted to prove the therapeutic uses of cannabis, as well
as many attempting to prove its harmful effects.
Marijuana currently shares its Schedule I classification with other
drugs such as LSD and heroin. Below it, in Schedule II, reside the
plants coca and opium, used to produce the medicines cocaine and
morphine; these substances are highly restricted, but still available
by prescription. Essentially what this means is that the United States
government rates marijuana’s potential for abuse, and its public
danger, higher than those of the Schedule II drugs—such as cocaine,
morphine, or PCP (Leveritt 12). Dr. Don McMillan, of the Department of
Pharmacology at the University of Arkansas at Little Rock, says, “The
thing you have to remember is that that schedule is a legal
classification, not a medical one” (Leveritt 12). What he means is that
this addictive hierarchy has not been decided by the medical community,
but by politicians and government agencies. Dennis Peron, founder of
the San Francisco Cannabis Buyers’ Club, defends his friends with a
similar logic: “You would not ask a doctor to arrest a mugger. Don’t
ask a peace officer to treat an illness” (CBC Interviews).
The Cannabis Buyers’ Club was designed to allow seriously ill
individuals a safe environment to obtain what is still a taboo
medicine. Mr. Peron invited me to a meeting at the club so that I could
speak with some of the patients and see this carefully controlled
establishment. Upon entering I was immediately impressed with a flyer
on the wall, reading: “Do you have a problem with hard drugs? The CBC
wants to help.” During much friendly conversation with the club
members, what I heard most about marijuana prohibition is: it’s
dangerous. Having to obtain this medicine illegally can be unsafe,
especially with respect to the formidable threat of criminal
prosecution. “Over one kilo,” says Steve of the CBC, “marijuana has the
same federal punishment schedule as cocaine.”
But this is only one way the prohibition is dangerous for patients that
can get their medicine on the street; for those who can’t, it’s
directly life-threatening. Members of the CBC agreed with their founder
that the issue is not about getting marijuana for them, but “for people
like those in chemo-beds, and AIDS patients laid up with ‘wasting
syndrome’—they can’t get it.” The anxiety and expense of such a deal
are also serious factors for patients to consider. On the illegal
market, depending on who they know, marijuana can cost anywhere from
one to several hundred dollars an ounce. George McMahon possesses a
leaflet from the National Institute on Drug Abuse (NIDA supplies his
marijuana) that states the cost of growing his drug is only thirty
cents an ounce—a price that could save the lives of many sick people
who can’t go back to their jobs. George gets his medication free,
though: “They won’t sell it to me; that would make them drug dealers!”
Jeff, a glaucoma patient who uses marijuana—under advice from his
doctor—to reduce the pressure in his eyes, gave me one reason why it
won’t be made available for the seriously ill: “Some pharmaceutical
companies pay doctors bonuses if they prescribe their medicine.” And as
George McMahon’s information shows, those companies would not make any
money from an inexpensive medicine that can be grown at home. Jeff also
suggests looking into where these businesses make do nations: “Not
surprisingly, a lot of them help out with anti-drug campaigns. . . .
This ensures that their medicine is the only one available.” To see
this point proved, one need only look at Marinol, a synthetic
medication produced to help patients who need marijuana. But this copy
of THC (believed to be the main psychoactive ingredient in marijuana)
“is only one of approximately 60 cannabinoids [found in the plant]
which may have medicinal value individually or in some combination”
(“Access” 1). Many patients find themselves unable to function under
Marinol because of its extreme potency and unpredictable effects
(McMahon and CBC). Nevertheless, this drug, not derived from the
cannabis plant but produced by a pharmaceutical company, is placed in
Schedule II and available by prescription.
Unfortunately, one of the biggest barriers in marijuana patients’ way
is one that they need on their side the most—doctors. When physicians
speak out for medical marijuana they are stereotyped by a misinformed
society, not to mention the risk of admonition and banishment from a
bureaucratically controlled portion of the medical community. They are
rejected further by a government that insists they have no substantial
proof, and they are deprived of reasonable means by which to obtain it
under the prescribed standards. As the most scrutinized and regulated
professionals in the world, physicians are understandably hesitant to
voice the controversial facts. But because the government asks for
acceptable standards of medical use and safety, doctors are the only
ones that can make a real impact on this issue. One condition for
membership into the CBC is that the patients have letters from their
doctors either stating that the patients should use marijuana or that
the physicians are aware of and comply with their use. With the San
Francisco club alone now having approximately 11,000 members, there
must be some doctors who agree with marijuana’s benefits. Also, a poll
taken in 1991 revealed that 44% of American oncologists have
recommended, off the record, that their cancer patients use marijuana
(“Medical” 1). Obviously the support is there; it just needs a
confident public voice.
But doctors themselves are plagued by one superficial and fundamentally
irrelevant problem—stigma. Marijuana’s reputation, a result of decades
of misinformation and myths, has fostered massive skepticism in the
public realm. Not everyone realizes that over thousands of years
scientists around the world have discovered scores of medical uses for
cannabis, including appetite stimulant, muscle relaxant, hypnotic, and
nausea alleviator; it has also been found to lower intraocular pressure
in glaucoma and to aid in treating malaria, constipation, fevers,
dysentery, indigestion, migraine, venereal disease, depression, coughs,
epilepsy, tetanus, neuralgia, menstrual cramps, asthma, postpartum
psychosis, chronic bronchitis, gastric ulcer, urinary incontinence,
rheumatic pains, and other chronic pain disorders—just to name a few
(Grinspoon 3-7).
The prejudice against marijuana as medicine is unjust and immoral. One
must weigh the pros (only a known fraction of which I have just listed)
with the cons. What are the cons? We are told that marijuana is highly
addictive, unhealthy, and unsafe—rumors that have run rampant for years
but have never been confirmed to outweigh its value. An ongoing primate
study by the National Center for Toxicological Research (funded by the
NIDA) “discovered no adverse impact from marijuana on monkeys’ general
health, no sign that heavy exposure to marijuana smoke caused lung
cancer, and, with one exception, no long-term effects on the animals’
behavior from exposure to marijuana” (Leveritt 2). Dr. Grinspoon
relates that “no human fatalities [from marijuana overdose] have been
documented” (138). The Arkansas Times
reported Dr. McMillan’s opinion that “the medical understanding of
marijuana is that it poses a lower risk to society and individual
health than that of two legal drugs—alcohol and tobacco” (Leveritt 12).
Many more legal and medical experts will confirm these testimonies,
including Judge Young in a renowned decision on cannabis on September
6, 1988:
“[M]arijuana, in its natural form, is one of the safest
therapeutically active substances known to man. . . . One must
reasonably conclude that there is accepted safety for use of marijuana
under medical supervision. To conclude otherwise, on the record, would
be unreasonable, arbitrary, and capricious.” Young went on to recommend
“that the Administrator [of the DEA] conclude that the marijuana plant
considered as a whole has a currently accepted medical use in treatment
in the United States, that there is no lack of accepted safety for use
of it under medical supervision and that it may lawfully be transferred
from Schedule I to Schedule II.” (Grinspoon 15)
But it wasn’t.
So why, in the presence of all this evidence and testimony, isn’t
marijuana available for patients who need it? Feelings are mixed among
law officials about the war on marijuana, and some have even
acknowledged that it is a waste of their time and the taxpayers’ money.
But George McMahon has a logical opinion about why the majority,
outside of San Francisco, are still gung-ho about it: “A lot of
officers will lose their jobs if they don’t have any more skinny [sick]
men to bust.” The government administration also has a personal
fear—giving in to pot as medicine would unravel an entire anti-drug
movement that has been fueled since the Reagan “Just Say No” years.
Many citizens are against the federal government spending money on a
marijuana research p rogram because they think we don’t have the funds,
but in 1993 approximately $7 billion was spent on the marijuana war
(NORML 3). The resources are there; we’re just spending them the wrong
way. This money (at least some of it) should be used to help people,
not to hurt them.
Polls taken in 1995 by the American Civil Liberties Union show that 64%
of the voting public favor making marijuana legally available for
medical uses where it has been proven an effective treatment. Lawyers
defend their clients’ “medical necessity” in court every day, and
numerous judges approve it by dropping charges against them. The
Federation of American Scientists and the American Public Health
Association have both called on the federal government to allow
research into medicinal uses of cannabis for the seriously ill, with
the latter concluding “that greater harm is caused by the legal
consequences of its [marijuana’s] prohibition than possible risks of
medicinal use” (“Access” 1).
Medical marijuana’s rivals say that these common pleas are only used to
further the possibility of “recreational” use. To those who subscribe
to that theory, I can say only this: I met a man who could not see, but
marijuana gave him back his vision when nothing else could. I spoke
with a man who has suffered pain that is incomprehensible to me every
day of his life since he was born, but marijuana eased his pain. This
man’s daughter has inherited his agony, and she cannot get the same
relief. I have shaken the hand of a compassionate man who has now
devoted his life to getting this outlawed medicine for innocent people
who can’t. I have sat and heard some of the most kind and warm
individuals in this world tell me about how they have watched their
friends suffer and die, and all the while they knew there was a
medicine for them. Yet what I have not heard is a single logical reason
why this is all happening. It is time to stop making excuses and start
saving lives. “The DEA and FDA want evidence?” says Jeff, the
once-blind glaucoma patient. “Look at me. . . . I can see again” (CBC).
Sources:
“9513: Access to Therapeutic Marijuana/Cannabis.” American
Public Health Association. November, 1995. Available:
http://www.calyx.net/~olsen/MEDICAL
Cannabis Buyers’ Club Meeting and Interviews (CBC). San Francisco, June 7, 1996.
Gorman, Peter. “Marijuana and AIDS.” High Times Dec. 1994: 26+.
Grinspoon, Lester, M.D., and James B. Bakalar. Marihuana: The Forbidden Medicine. New Haven: Yale UP, 1993.
Leveritt, Mara. “Reefer Madness: Pot’s Tab in the War On Drugs.” The Arkansas Times. 16 September, 1993: 11-12. Available: http://www.calyx.net/~olsen/MEDICAL
“Medical Marijuana in Australia.” Alliance for Cannabis Therapeutics News. Spring 1995. Available: http://www.calyx.net/~olsen/MEDICAL
McMahon, George. Telephone Interview, May 30, 1996.
National Organization for the Reform of Marijuana Laws (NORML). Marijuana Prohibition: A Colossal Failure. Washington D.C., 1995.
Young, Francis L. “In The Matter of MDMA Scheduling.” Docket
No. 84-48. May 22, 1986. Available:
http://www.damicon.fi/drugs/mdma.scheduling.html