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DISORDERS
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MEDICAL MARIJUANA
Is Cannabis Legal to Recommend?
A Note from Americans for Safe Access
In 2004, the United States Supreme Court upheld earlier federal court
We are committed to ensuring safe, legal availability of marijuana for decisions that doctors have a fundamental Constitutional right to rec-
medical uses. This brochure is intended to help doctors, patients and ommend cannabis to their patients.
policymakers better understand how marijuana—or "cannabis" as it is
more properly called—may be used as a treatment for people with seri- The history. Within weeks of California voters legalizing medical
ous medical conditions. This booklet contains information about using cannabis in 1996, federal officials had threatened to revoke the pre-
cannabis as medicine. In it you'll find information on: scribing privileges of any physicians who recommended cannabis to
their patients for medical use.1 In response, a group of doctors and
Why Cannabis is Legal to Recommend . . . . . . . . . . . . . . . . . . . . . .3 patients led by AIDS specialist Dr. Marcus Conant filed suit against the
Overview of the Scientific Research on Medical Cannabis . . . . . .4 government, contending that such a policy violates the First Amend-
Research on Cannabis and Arthritis . . . . . . . . . . . . . . . . . . . . . . . .6 ment.2 The federal courts agreed at first the district level,3 then all the
Comparison of Medications: Efficacy and Side-Effects . . . . . . . . .8 way through appeals to the Ninth Circuit and then the Supreme Court.
Why Cannabis is Safe to Recommend . . . . . . . . . . . . . . . . . . . . . .10 What doctors may and may not do. In Conant v. Walters,4 the Ninth
Testimonials of Patients and Doctors . . . . . . . . . . . . . . . . . . . . . .12 Circuit Court of Appeals held that the federal government could nei-
History of Cannabis as Medicine . . . . . . . . . . . . . . . . . . . . . . . . . .19 ther punish nor threaten a doctor merely
Scientific and Legal References . . . . . . . . . . . . . . . . . . . . . . . . . . .22 for recommending the use of cannabis to
a patient.5 But it remains illegal for a
We recognize that information about using cannabis as medicine has doctor to "aid and abet" a patient in
been difficult to obtain. The federal prohibition on cannabis has meant obtaining cannabis.6 This means a physi-
that modern clinical research has been limited, to the detriment of cian may discuss the pros and cons of
medical science and the wellness of patients. But the documented histo- medical cannabis with any patient, and
ry of the safe, medical use of cannabis dates to 2700 B.C. Cannabis was issue a written or oral recommendation
part of the American pharmacopoeia until 1942 and is currently avail- to use cannabis without fear of legal
able by prescription in the Netherlands and Canada. reprisal.7 This is true regardless of
whether the physician anticipates that
Testimonials from both doctors and patients reveal valuable informa- the patient will, in turn, use this recom-
tion on the use of cannabis therapies, and supporting statements from mendation to obtain cannabis.8 What
professional health organizations and leading medical journals support physicians may not do is actually pre- Angel Raich & Dr. Frank Lucido
its legitimacy as a medicine. In the last few years, clinical trials in Great scribe or dispense cannabis to a patient9
Britain, Canada, Spain, Israel, and elsewhere have shown great promise or tell patients how to use a written recommendation to procure it
for new medical applications. from a cannabis club or dispensary.10 Doctors can tell patients they may
be helped by cannabis. They can put that in writing. They just can't help
This brochure is intended to be a starting point for the consideration of patients obtain the cannabis itself.
applying cannabis therapies to specific conditions; it is not intended to
replace the training and expertise of physicians with regard to medi- Patients protected under state, not federal, law. In June 2005, the U.S.
cine, or attorneys with regard to the law. But as patients, doctors and Supreme Court overturned the Raich v. Ashcroft Ninth Circuit Court of
advocates who have been working intimately with these issues for Appeals decision. In reversing the lower court's ruling, Gonzales v. Raich
many years, Americans for Safe Access has seen firsthand how helpful established that it is legal under federal law to prosecute patients who
cannabis can be for a wide variety of indications. We know doctors possess, grow, or consume medical cannabis in medical cannabis states.
want the freedom to practice medicine and patients the freedom to However, this Supreme Court decision does not overturn or supersede
make decisions about their healthcare. the laws in states with medical cannabis programs.
For more information about ASA and the work we do, please see our For assistance with determining how best to write a legal recommenda-
website at AmericansForSafeAccess.org or call 1-888-929-4367. tion for cannabis, please contact ASA at 1-888-929-4367.
How Cannabis Compares to Other Treatments Metronidazole (Flagyl) has been shown to be carcinogenic in mice and
rats. Two serious adverse reactions reported in patients treated with
The medications currently employed to fight chronic GI disorders Metronidazole have been convulsive seizures and peripheral neuropa-
include many that produce serious side effects. These side effects fre- thy, the latter characterized mainly by numbness or paresthesia of an
quently threaten the health of the patient and require other medica- extremity. The most common adverse reactions reported have been
tions to combat them. Drugs commonly prescribed to combat GI disor- referable to the gastrointestinal tract, particularly nausea reported by
ders include: about 12% of patients, sometimes accompanied by headache, anorexia,
and occasionally vomiting; diarrhea; epigastric distress, and abdominal
Megestrol acetate (Megace), an anticachectic. Serious side effects of cramping. Constipation has been reported.
this medicine include high blood pressure, diabetes, inflammation of
the blood vessels, congestive heart failure, seizures, and pneumonia. Sulfasalazine (Azulfidine)—The most common adverse reactions associ-
ated with sulfasalazine are anorexia, headache, nausea, vomiting, gastric
Less serious side effects of this medicine include diarrhea, flatulence,
distress, and apparently reversible oligospermia. These occur in about
nausea, vomiting, constipation, heartburn, dry mouth, increased saliva-
Chlordiazepoxide/Clidinium (Librax)—Drowsiness, ataxia and confu- Ciprofloxacin (Cipro)—The most frequent side effects include nausea,
sion have been reported in some patients, particularly the elderly and vomiting, diarrhea, abdominal pain, rash, headache, and restlessness. Rare
debilitated. Adverse allergic reactions have been described, such as hives and anaphylaxis.
effects reported
with use of Librax Methotrexate (Rheumatrex, Trexall)—can cause severe toxicity that is
are those typical of usually related to the dose taken. The most frequent reactions include
anticholinergic mouth sores, stomach upset, and low white blood counts. Methotrexate
agents, i.e., dryness can cause severe toxicity of the liver and bone marrow, which require
of the mouth, blur- regular monitoring with blood testing. It can cause headache and
ring of vision, uri- drowsiness, which may resolve if the dose is lowered. Methotrexate can
nary hesitancy and cause itching, skin rash, dizziness, and hair loss. A dry, non-productive
constipation. cough can be a result of a rare lung toxicity.
Withdrawal symp-
toms, similar in Diphenoxylate and atropine (Lotomil)—The most common side
character to those effects include drowsiness, dizziness, and headache, nausea or vomit-
noted with barbitu- ing, and dry mouth. Euphoria, depression, lethargy, restlessness, numb-
rates and alcohol (convulsions, tremor, abdominal and muscle cramps, ness of extremities, loss of appetite, and abdominal pain or discomfort
vomiting and sweating), have occurred following abrupt discontinuance have been reported less frequently. Although the dose of atropine in
of chlordiazepoxide. Lomotil is too low to cause side effects when taken in the recommend-
ed doses, side effects of atropine (including dryness of the skin and
Hyoscyamine Sulfate (Levsin)—Adverse reactions may include dryness mucous membranes, increased heart rate, urinary retention, and
of the mouth; urinary hesitancy and retention; blurred vision; tachycar- increased body temperature) have been reported, particularly in chil-
dia; palpitations; mydriasis; cycloplegia; increased ocular tension; loss of dren under two.
taste; headache; nervousness; drowsiness; weakness; dizziness; insom-
nia; nausea; vomiting; impotence; suppression of lactation; constipa- Cannabis—By comparison, the side effects associated with cannabis are
tion; bloated feeling; allergic reactions or drug idiosyncrasies; urticaria typically mild and are classified as "low risk." Euphoric mood changes
and other dermal manifestations; ataxia; speech disturbance; some are among the most frequent side effects. Cannabinoids can exacer-
degree of mental confusion and/or excitement (especially in elderly per- bate schizophrenic psychosis in predisposed persons. Cannabinoids
sons); and decreased sweating. impede cognitive and psychomotor performance, resulting in tempo-
rary impairment. Chronic use can lead to the development of tolerance.
Mesalamine CR (Pentasa)—The most common side effects are diar- Tachycardia and hypotension are frequently documented as adverse
rhea, headache, nausea, abdominal pain, dyspepsia, vomiting, and rash. events in the cardiovascular system. A few cases of myocardial ischemia
have been reported in young and previously healthy patients. Inhaling
Phosphorated carbohydrate (Emetrol)—Side effects include: fainting; the smoke of cannabis cigarettes induces side effects on the respiratory
swelling of face, arms, and legs; unusual bleeding; vomiting; weight system. Cannabinoids are contraindicated for patients with a history of
loss; yellow eyes or skin. Less common-more common with large doses: cardiac ischemias. In summary, a low risk profile is evident from the lit-
Diarrhea; stomach or abdominal pain. erature available. Serious complications are very rare and are not usual-
ly reported during the use of cannabinoids for medical indications.
Dicyclomine (Bentyl)—The most common side effects occurring with
dicyclomine are due to its anticholinergic activity: dry mouth, blurred Is cannabis safe to recommend?
vision, confusion, agitation, increased heart rate, heart palpitations,
constipation, difficulty urinating, and occasionally seizures can occur. "The smoking of cannabis, even long term, is not harmful to health...."
Other potential side effects include changes in taste perception, diffi- So began a 1995 editorial statement of Great Britain's leading medical
ADDITIONAL RESOURCES
Americans for Safe Access maintains a website with more resources
for doctors and patients. There you will find the latest information
on legal and legislative developments, new medical research, and
what you can do to help protect the rights of patients and doctors.
ASA is the largest national member-based organization of patients,
medical professionals, scientists and concerned citizens promoting
safe and legal access to cannabis for therapeutic uses and research.
ASA works in partnership with state, local, and national lawmakers
to overcome barriers and create policies that improve access to
cannabis for patients and researchers. We have more than 30,000
active members with chapters and affiliates in more than 40 states.
ASA provides medical information and legal training for patients,
attorneys, health and medical professionals, and policymakers
throughout the United States.
888-929-4367 www.AmericansForSafeAccess.com
1322 Webster Street, Suite 402, Oakland, California 94612