Medical Marijuana Controversy Continues
The US Food and Drug Administration (FDA)’s recently announced that it does not support the use of marijuana for medicinal purposes, rekindling debate about this perpetually controversial topic.
The FDA and other agencies in the Health and Human Services Department stated that "no sound scientific studies supported medical use of marijuana for treatment in the United States, and no animal or human data supported the safety or efficacy of marijuana for general medical use," according to report on Forbes.com on April 21, 2006.
Basis for the FDA’s Decision
The FDA’s statement appears not to take into account a 1999 review by experts at the Institute of Medicine (IOM), a division of the US National Academy of Sciences, which concluded that marijuana was "moderately well-suited for particular conditions, such as chemotherapy-induced nausea and vomiting and AIDS wasting."
The government "loves to ignore our report," Dr John Benson, professor of internal medicine at the University of Nebraska Medical Center and co-chairman of the Institute of Medicine committee that undertook the research into marijuana’s effects, reportedly told The New York Times, adding, "They would rather it never happened."
Despite the IOM team’s findings, the FDA is undertaking no research to confirm or refute the results of their research, according to Dr William M. Lamers, a consultant to the Hospice Foundation of America, which represents US palliative-care centers.
On the other side of the fence, government officials spoke out to support the FDA’s decision: A spokesman for John P. Walters, director of the U.S. government’s national drug control policy, reportedly referred to the debate over legalizing marijuana as "the bizarre public discussion" that has led to legalizing marijuana for medicinal purposes in some US states, and hopes that the FDA’s recent decision will end the public discussion.
FDA spokeswoman, Susan Bro, reportedly told the New York Times that the FDA’s decision was based on a review by federal agencies that found "smoked marijuana has no currently accepted or proven medical use in the United States and is not an approved medical treatment."
Enforcing the Law
According to Bro, the FDA does not plan to enforce any laws governing medicinal use of marijuana, but leaves that task to the US Drug Enforcement Agency (DEA).
"Any enforcement based on this finding would need to be done by DEA since this falls outside of FDA’s regulatory authority," she reportedly said.
The ten states that currently have legislation allowing medical use of marijuana are Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington. Arizona enacted similar legislation, but has no formal program by which marijuana is prescribed.
The FDA’s comment on these laws was, "These measures are inconsistent with efforts to ensure that medications undergo the rigorous scientific scrutiny of the FDA approval process and are proven safe and effective."
Currently, the DEA may enforce federal laws opposing medical use of marijuana – even in those states that have passed legislation supporting it. The DEA has exercised its right in raids in which they have arrested individuals in various US states who claimed to be using marijuana for medical purposes – i.e., to treat or ease illness.
Federal vs. State Laws
In fact, the Supreme Court seems to be supporting the DEA and the FDA’s position. In June 2005, a 6-3 decision confirmed that DEA agents had the right in 2001 to arrest two California residents – one with severe pain and another with brain cancer – who were using marijuana to ease their symptoms.
Because of the Supreme Court’s decision, federal laws that ban the use of medicinal marijuana now supersede any state legislation that permits use of the marijuana plant (or its derivatives) to be used for pain relief upon a physician’s recommendation.
A spokesman for the Oregon marijuana-by-prescription program said he had no comment on the FDA statement. "Our job is only to administer a program approved by the voters," Jim Sellers said.
"It’s a matter of states rights versus federal rights," says Lamers, of the Hospice Foundation of America. Lamers’ experience in palliative care suggests that marijuana does provide a beneficial analgesic, "including relief from the nausea and vomiting that accompanies chemotherapy, and pain,” he said.
“It’s a magnificent pain reliever, but with the caveat that in order to get the pain-relieving effect you have to be stoned." Lamers also noted that marijuana has been effective in stimulating the appetite of people with AIDS and conditions accompanied by loss of appetite.
The American Medical Association (AMA) and the National Multiple Sclerosis Society have previously stated there is insufficient evidence to support the use of medical marijuana, and the AMA has said further research is necessary to confirm marijuana’s beneficial effects.
For more information about the medical use of marijuana, contact the American Medical Association.
Source:
FDA Opposition to Medical Marijuana Fuels Controversy, Forbes
(HealthDay News), April 21, 2006.
Pharma Industry News Archive
2007: Jan | Feb | Mar | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec
2006: Jan | Feb | Mar | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec
2005: Jan | Feb | Mar | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec
2004: Jan | Feb | Mar | Apr | May | Jul | Aug | Sep | Oct | Nov | Dec
2003: Jan | Feb | Mar | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec
2002: Jan | Apr | May | Jun | Aug | Sep | Oct | Nov | Dec
