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Wednesday, January 27, 2010

NEWS: Congressman Ed Markey response to constituent regarding the Medical Marijuana Protection Act

Dear Joseph:

Thank you for contacting me regarding the Medical Marijuana Patient Protection Act. It was good to hear from you.

On June 11, 2009 Representative Barney Frank (D-MA) introduced H.R. 2835, the Medical Marijuana Patient Protection Act. The bill would, among other things, provide for the medical use of marijuana in accordance with the laws of the various states, as well as move marijuana from schedule I of the Controlled Substances Act to schedule II of the Act and, therefore, allow it to be available by prescription for medical purposes.

Since 1996, thirteen states have enacted medical marijuana laws. In these states, if a doctor recommends patient use of marijuana for an ailment, then it is legal, under state law, for the patient to grow and use marijuana for personal consumption. In October 2009, the Justice Department announced that it will no longer raid medical marijuana dispensaries that have been established in accordance with state law. Despite the existence of state medical marijuana laws, marijuana remains an illegal drug under federal law.

In order to meet the standard of the Controlled Substances Act, a drug must have adequate scientific evidence of its safety and efficacy. It is my understanding that there is not sufficient medical evidence of the benefits of medicinal marijuana, though I look forward to the results of ongoing research. In the meantime, I believe it would be premature to adjust current federal regulations.

You may be interested to know that I voted in favor of the Hinchey-Rohrabacher medical marijuana amendment when it was considered on the House Floor on July 25, 2007. This amendment would have prevented the federal government from arresting AIDS, MS, and cancer patients who use marijuana for medical reasons in states that have medical marijuana laws. Unfortunately, this provision failed 165-262. I voted for the amendment because, while I have not yet seen conclusive evidence indicating that marijuana is safe or effective for use in treating medical ailments, I don't believe that patients with severe, chronic diseases should be arrested and federally prosecuted for medical use of marijuana where such use has been approved by the state government in which they reside.

Please feel free to contact me in the future about this or any other issue that concerns you. If you would like to receive updates from my office, please go to my website, http://markey.house.gov/, and click on "Newsletter Sign Up.

Sincerely,
Ed Markey
Member of Congress

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Source: Examiner