Spring 2006
O'Shaughnessy's
Journal of the California Cannabis Research Medical
Group
|
Correspondence
Cancel My Denial
To: California Society of Addiction Medicine
74 New Montgomery Street, Suite 230
San Francisco, CA 94105
American Society of Addiction Medicine
4601 North Park Avenue Suite 101
Chevy Chase, MD 20815
Colleagues,
As I contemplated whether or not to renew this year with the not unsubstantial
dues, I asked myself “Why should I?” Over the years since
I joined the organization I have tried to raise the possibility of
a harm-reduction option for the treatment of alcoholism. Notwithstanding
my repeated and persistent entreaties, I have been repeatedly denied
any opportunity for a collegial and professional forum. I have even
offered to make my patients available for questioning and review. Nothing.
Lame excuses —not ready yet.
Forays into spiritualism with self-styled practitioners responding
to the “spiritual needs” of addicts was particularly disturbing.
Somehow I don’t remember any training in medical school in theological
studies. The blurring of boundaries and confusion of identity diminishes,
attenuates medical leadership, and reduces professional credibility
to cultism. Medical Review Officers conducting forensic examinations
are not engaged in a medical activity. Endorsing their enforcement
of corporate authority diminishes medical leadership and reduces ASAM/CSAM
to shills and trough feeders. The societies support the federal government’s
irrational drug-war policy while prominent addiction specialists seek
to maximize their share of court referrals.
I officially give up on ASAM/CSAM and any possibility of a magical ethical
transformation. I have been denied the opportunity to present a viable, effective,
and medically appropriate intervention: cannabis as a substitute for alcohol
and other addictive substances.
Retrospectively, I wonder why I waited so long to quit. I can no longer maintain
my wishful thinking that somehow ASAM/CSAM could be fair, objective, professionally
and medically correct.
I shall not be renewing my membership.
Tod H. Mikuriya, M.D.
Member since 1974
Certified by ASAM 1986
MRO Certified by ASAM 1992
A Close-up View
Hello O'Shaughnessy's,
I am a registered nurse with
a BSN from UCSF, with current two years working for a hospice and palliative
care institution. My patients
who benefit most from medical marijuana suffer from pancreatic cancer,
a most devastating disease.
The substance seems to shrink the mechanical pressure of growing tumors
in the GI system, resulting in the patient's ability to eat food and
the cessation of nausea and vomiting. Patients therefore avoid debilitating
cachexia, which is soon followed by death.
A Nurse, Stockton, CA
[section removed due to possible infringement on intellectual
property]
Request For Accommodations Denied
To the Editor:
Following is the response from the presiding judge of Sana Ana rejecting
my request for accommodations to carry my medicine in Orange County
courthouses because
it “fundamentally alters the nature of the service provided by the court.”
This is not the first time a state judge has cited federal law as an excuse
to persecute and prosecute qualified medical cannabis patients. I’ve heard
three state judges tell patients that they were not bound by the California Constitution
and did not have to abide by Article 3 Sec. 3.5 which holds that a state law
not deemed unconstitutional must be enforced regardless of conflicting federal
law. One judge cited separation of governmental entities (executive, judicial & legislative).
Judge Wieben Stock failed to acknowledge that I sometimes have to take a bus
and have no place to keep my medical cannabis. She also failed to address my
ability to smoke outside the courthouse at least 20 ft. from the entrance without
police harassment.
I’m not an attorney, but I find it hard to believe that state judges do
not have to uphold state law. I’ve heard so many half-truths and out-and-out
lies from judges in southern California that I’m not sure if what they’re
saying is true or not.
If possible I intend on appealing this decision to a higher level. I am currently
writing a response letter and preparing arguments for an appeal hearing. Any
suggestions or advise would be greatly appreciated.
Bill Britt
Dear Mr. Britt:
Your request to be allowed to bring cannabis, a pipe, and edible cannabis,
in the form of cookies and lozenges, into “any and all state courthouses and
government buildings in Orange County” has been carefully reviewed.
Presently, federal law prohibits possession of marijuana in any form. Although
there are state authorities to the contrary in this area, federal drug laws
still apply to certain types of conduct. For this reason, your request for
accommodation
is denied because it fundamentally alters the nature of the service provided
by the court. The court is sworn to uphold the law by not participating in
or permitting illegal activity to take place in or at the courthouse as it
requires
the court to violate laws prohibiting possession and use of illegal substances
Since the Orange County Sheriff provides the security services for the Court,
his deputies must also follow the law in carrying out their duties at the courthouses.
This is for your protection, as well as the protection of others coming to
handle court business.
If there is a need for you to have any medication nearby, there are public
parking structures near the courthouses, with parking spaces designated for
persons with
disabilities. You are welcome to park in any of these spaces as long as you
have the proper disability placard displayed in your car. With reasonable advance
notice, the Court is more than willing to assist in arranging parking for you
in one of the adjacent parking structures.
Please be reminded that the Court’s decision in this matter relates only
to the buildings under Superior Court jurisdiction, and not to all government
buildings in Orange County.
Nancy Wieben Stock, Presiding Judge
Superior Court of California, County of Orange
Note to Bill Britt:
I am baffled. Has the court heard of Hiram Johnson and the initiative
process? Well, has the judge heard of the California Supreme Court
and the Mower decision?
It appears she is sticking her thumb in the eye of the State’s highest
court. Does she feel she knows more then the California Attorney General who
told California law enforcement that they have authority to enforce state and
local law,but not federal law.
The FDA provided cannabis for 18 smoked cannabis medical studies administered
by UC San Diego. Does the judge mean to say if you were in one of those studies
it would be OK? How does the judge feel about tinctures?Could someone come
in with Sativex from Canada? The FDA has approved phase III clinical trials
for
Sativex, so is that OK? How about an edible? The judge obviously has no problem
with Marinol, so what specifically is she objecting to? You may want to have
an attorney look at Justices Thomas’s and O’Connor’s dissents
in Raich and see if there is any ammo for your case there.
Peace,
Dr. Dave Bearman
From attorney Seymour Weisberg:
Mr. Britt should limit his request to courthouse consumption of edible
cannabis since Health & Safety Code section 11362.79 (a) prohibits smoking medical
cannabis in any place where smoking is prohibited by law. If his modified request
draws another wrong response, he should file a complaint with the California
Commission on Judicial Performance: (415) 557-1200 or fax (415) 557-1266
From attorney Joe Allen:
Since smoking is otherwise allowed some distance (I believe he said
20 feet) outside the doors, what he could also do is write to the
Sheriff and request that he be allowed to bring his smoking MJ to
court, give it for safekeeping to the court security officers who
do the entrance screening, and pick it up for use at recess.
For comparison, the guards at the Court of Appeal in Ventura have for years
been holding my pocket knife for me during court, which I almost invariably
forget to leave in the car. They keep it at the front desk and give it back
when I leave.
Error of Omission
Dear O’Shaughnessy’s.
Can anyone give me a sound reason why SICKLE CELL DISEASE should
be excluded from O’Shaughnessy’s published “Chronic Conditions Treated
With Cannabis?” Certainly, between 1990 and 2005 it is well known that
people living with SICKLE CELL DISEASE get therapeutic and curative benefits
from consuming cannabis from its seed oil, plant concentrates and extracts
as well as overall optimum health in people living with sickle cell disease.
Cannabis addresses the violent episodes of pain, and overall comfort for
sickle cell sufferers, but the primary benefit is in eating healthy foods
enhanced
with cannabis, so as to allow the body to heal itself, produce healthier
bloodcells allowing longevity of life and quality of life enhanced.
Sister Somayah Moore-Kambui,
Los Angeles
Ed. Note: Dr. Mikuriya regrets the omission and
has already added Sickel Cell Anemia 282.60 to his list of conditions
(by ICD-9 number) that cannabis has been used to treat with reported
success.