Medical Marijuana: New Mexico

Marijuana's therapeutic uses are well documented in modern scientific literature for treating patients with illnesses such as AIDS, glaucoma, cancer, multiple sclerosis, epilepsy, and chronic pain.

In 1978 New Mexico lawmakers passed the first medical marijuana law, the Lynn Pierson Act, named for a 26-year-old cancer patient. Currently the law allows marijuana to be used to relieve nausea associated with chemotherapy and to ease eye pressure from glaucoma in connection with a research project. More than 250 people used marijuana under the law until 1986, when lawmakers ceased funding the program.

• Between 1996 and 2000, eight states passed voter initiatives legalizing the medicinal use of cannabis (AZ, CA, ME, OR, WA, NV, CO and AK), and one state, Hawaii, legalized medicinal use through legislation signed by Governor Caetano on June 12, 2000. (1)
• The Congressionally chartered Institute of Medicine's 1999 report on medical marijuana stated, "The accumulated data indicate a potential therapeutic value for cannabinoid drugs, particularly for symptoms such as pain relief, control of nausea and vomiting, and appetite stimulation." (2)
• The Institute of Medicine's 1999 report on medical marijuana examined the question whether the medical use of marijuana would lead to an increase of marijuana use in the general population and concluded that, "At this point there are no convincing data to support this concern. The existing data are consistent with the idea that this would not be a problem if the medical use of marijuana were as closely regulated as other medications with abuse potential." (3)
• The Institute of Medicine's 1999 report on medical marijuana examined the question of whether marijuana could diminish patients' immune system - an important question when considering marijuana use by AIDS and cancer patients. The report concluded that, "the short-term immunosuppressive effects are not well established but, if they exist, are not likely great enough to preclude a legitimate medical use." (4)
• In spite of the established medical value of marijuana, doctors are presently permitted to prescribe cocaine and morphine - but not marijuana. (5)
• Organizations that have endorsed medical access to marijuana include: the Institute of Medicine, the American Academy of Family Physicians; American Bar Association; American Public Health Association; American Society of Addiction Medicine; AIDS Action Council; British Medical Association; California Academy of Family Physicians; California Legislative Council for Older Americans; California Medical Association; California Nurses Association; California Pharmacists Association; California Society of Addiction Medicine; California-Pacific Annual Conference of the United Methodist Church; Colorado Nurses Association; Consumer Reports Magazine; Kaiser Permanente; Lymphoma Foundation of America; Multiple Sclerosis California Action Network; National Association of Attorneys General; National Association of People with AIDS; National Nurses Society on Addictions; New Mexico Nurses Association; New York State Nurses Association; New England Journal of Medicine; and Virginia Nurses Association.
• A few of the editorial boards that have endorsed medical access to marijuana include: Albuquerque Journal; Boston Globe; Chicago Tribune; Miami Herald; New York Times; Orange County Register; and USA Today.
• Many organizations have favorable positions (e.g., unimpeded research) on medical marijuana. These groups include: The Institute of Medicine, The American Cancer Society; American Medical Association; Australian Commonwealth Department of Human Services and Health; California Medical Association; Federation of American Scientists; Florida Medical Association; and the National Academy of Sciences.
• On September 6, 1988, the Drug Enforcement Administration's Chief Administrative Law Judge, Francis L. Young, ruled: "In strict medical terms marijuana is far safer than many foods we commonly consume. For example, eating 10 raw potatoes can result in a toxic response. By comparison, it is physically impossible to eat enough marijuana to induce death. Marijuana, in its natural form, is one of the safest therapeutically active substances known. By any measure of rational analysis marijuana can be safely used within the supervised routine of medical care." (6)
• Between 1978 and 1997, 35 states and the District of Columbia passed legislation recognizing marijuana's medicinal value. These states are AL, AZ, AR, CA, CO, CT, FL, GA, IL, IA, LA, MA, ME, MI, MN, MO, MT, NV, NH, NJ, NM, NY, NC, OH, OK, OR, RI, SC, TN, TX, VT, VA, WA, WV, and WI.

NOTES:

1. Associated Press, "Hawaii Becomes First State to Allow Medical Marijuana Via a Bill", The New York Times, June 15, 2000.

2. Janet E. Joy, Stanley J. Watson, Jr., and John A Benson, Jr., Marijuana and Medicine: Assessing the Science Base. Division of Neuroscience and Behavioral Research, Institute of Medicine (Washington, DC: National Academy Press, 1999).

3. Janet E. Joy, et al.

4. Janet E. Joy, et al.

5. The Controlled Substances Act of 1970, 21 U.S.C. §§ 801 et seq.

6. US Department of Justice, Drug Enforcement Agency, "In the Matter of Marijuana Rescheduling Petition," [Docket #86-22], (September 6, 1988), p. 57.