Medical Marijuana | Syracuse Journal of Law & Civic Engagement

Mendocino County Marijuana Regulation v. Federal Prohibition

A recent episode of This American Life discussed the interaction between federal law, which prohibits marijuana growing; California law, which permits it in limited circumstances; and a Mendocino County regulation that attempted to reconcile the two.

Here is a description of the story:

Under California law, it’s legal to grow marijuana for medicinal purposes if you have a doctor’s recommendation. A few years ago, Mendocino County Sheriff Tom Allman was trying to find a way to deal with the proliferation of marijuana in his county. Allman wanted to spend less time dealing with growers who were growing small, legal amounts, so he could focus on other problems — including criminals who run massive marijuana farms in the Mendocino National Forest. So he came up with a plan to allow the small farmers to grow, if they registered with his office. Growers would pay for little zip-ties they could put around the base of their marijuana plants, and the cops would know to leave them alone. It saved time and generated revenue. Reporter Mary Cuddehe tells the story of how the county and the nation responded to the sheriff’s plan. (18 minutes)

So Weed It Is: Why Dr. Sanjay Gupta Changed His Mind on Marijuana

This Sunday, August 11 at 8PM, CNN will feature a documentary by Dr. Sanjay Gupta, CNN’s Chief Medical Correspondent, titled, “WEED”. In promoting the documentary, Dr. Gupta wrote a commentary explaining why he changed his mind on weed.

Here is how it begins:

Over the last year, I have been working on a new documentary called “Weed.” The title “Weed” may sound cavalier, but the content is not. I traveled around the world to interview medical leaders, experts, growers and patients. I spoke candidly to them, asking tough questions. What I found was stunning.

Long before I began this project, I had steadily reviewed the scientific literature on medical marijuana from the United States and thought it was fairly unimpressive. Reading these papers five years ago, it was hard to make a case for medicinal marijuana. I even wrote about this in a TIME magazine article, back in 2009, titled “Why I would Vote No on Pot.”

Well, I am here to apologize. I apologize because I didn’t look hard enough, until now. I didn’t look far enough. I didn’t review papers from smaller labs in other countries doing some remarkable research, and I was too dismissive of the loud chorus of legitimate patients whose symptoms improved on cannabis.

Instead, I lumped them with the high-visibility malingerers, just looking to get high. I mistakenly believed the Drug Enforcement Agency listed marijuana as a schedule 1 substance because of sound scientific proof. Surely, they must have quality reasoning as to why marijuana is in the category of the most dangerous drugs that have “no accepted medicinal use and a high potential for abuse.”

They didn’t have the science to support that claim, and I now know that when it comes to marijuana neither of those things are true. It doesn’t have a high potential for abuse, and there are very legitimate medical applications. In fact, sometimes marijuana is the only thing that works. Take the case of Charlotte Figi, who I met in Colorado. She started having seizures soon after birth. By age 3, she was having 300 a week, despite being on seven different medications. Medical marijuana has calmed her brain, limiting her seizures to 2 or 3 per month.

Special thanks to Professor Douglas A. Berman’s insightful blog, “Sentencing Law and Policy,” for bringing this story and documentary to my attention.