Wednesday, February 29, 2012

Medical marijuana a defense in drug case?


February, 29, 2012
FEB 29
10:56
AM ET
DiazAP Photo/Eric JamisonNick Diaz, right, had his fight license suspended because of a failed drug test; he's expected to challenge the results citing a prescription to use marijuana for medical reasons.
Unless you're a huge MMA fan, you probably didn't notice that the Nevada State Athletic Commission suspended a welterweight fighter named Nick Diaz last week for flunking a drug test. It got buried under the avalanche of news about Ryan Braun, but the case is worth watching for what it tells us about a little noticed, little talked about, yet intriguing trend: pro jocks getting prescriptions for medical marijuana.
It's easy to find a punch line in prescription pot. And, yeah, every coach you've ever had has given you The Speech about how it slows you down and makes you stupid.
But there is medical research to suggest that cannabis has some legitimate uses. As the Institute of Medicine, a branch of the National Academy of Sciences, noted in a report about the importance of ongoing exploration, "The adverse effects of marijuana are within the range of effects tolerated for other medications."
Seventeen states now allow prescription pot, including California, where Diaz lives and trains. Applicants fill out this form and supply a state-issued ID along with a valid doctor's note to get a card that lets them into hundreds of dispensaries statewide.
Diaz, a black belt in jiu-jitsu and one of the best all-around fighters in the game, told the LA Times in 2009 that he needs the drug to help with hyperactivity. Some of the other ailments that qualify for a California card look as if they came right off an IR report, including severe arthritis, chronic pain, migraines, persistent muscle spasms, seizures and severe nausea.
"Medical cannabis is especially helpful for athletes who have bad reactions to aspirin and non-steroidal anti-inflammatory drugs," said Mitch Earleywine, a professor of psychology at the State University of New York in Albany who studies its benefits. "It doesn't create the gastric bleeding or stomach upset common in these other drugs."
So maybe it shouldn't be surprising that one sports governing body, the NCAA, recently found an uptick in marijuana use among student-athletes, even as some other drug rates are going down. In a survey of 20,474 players in 23 championship sports, the NCAA discovered that nearly a quarter (22.6 percent) "indicated the use of marijuana" in the prior 12 months. The median ranged from 16 percent in track to 29 percent in soccer. (The outlier was lacrosse, in which 48.5 percent of students reported taking at least one toke the prior year.)
It's hard to say whether those numbers hold up in pro sports, but they do suggest that a captive audience exists among injured jocks. All the leagues have something called "therapeutic use exemptions" that let players ask to use banned drugs for legit medical purposes. But Diaz appears to be the first who is trying to get one for pot.
At a hearing of the Nevada State Athletic Commission on Feb. 22, Christopher Eccles, the deputy state attorney general prosecuting the case, said it's likely that Diaz will seek to use his legal prescription to get a retroactive exemption that nullifies his adverse drug finding.
"The question will come up," Eccles said.
Keith Kizer, the commission's executive director, said the hearing probably will take place at the commission's next regularly scheduled hearing in March. Diaz faces having his fight license suspended for as long as a year, and, because other jurisdictions would honor Nevada's ban, that is tantamount to a year's ban in MMA -- foiling plans for him to have a rematch against Carlos Condit, to whom he lost at UFC 143.
Kizer doesn't think using medical marijuana is a winning strategy: "If you're using medical marijuana, you're probably in no condition to fight," he said.
Other leagues have yet to cross this bridge.
Tim Frank, a spokesman for the NBA, said that it hasn't received a single therapeutic use request for medical marijuana and that he preferred not to "speculate" about what would happen if it did.
NFL spokesman Greg Aiello said his league hasn't received one, either, although "Our program advisers have determined it would not be necessary."
At MLB, medical director Gary Green said that although he's aware of "a handful" of requests for medical marijuana exemptions in the minor leagues, none has been lodged in the majors, adding that players shouldn't expect to get a favorable reaction.
"Just because a drug may have a quasi-legal status doesn't mean we'd be more likely to allow a TUE for it," he said.
Diaz, who was suspended for flunking a drug test in 2007 for marijuana, might not be the perfect candidate to bring a test case on such a sensitive subject. But you can bet that, as more states make medical marijuana available and more players sign up to take legal tokes, someone will want to light this debate up.

File Under

Pesky puppets: With the Olympics just a few months away, the Spanish and French already have begun shooting fireworks. The Spanish Olympic Federation has announced its intention to sue the French network Canal Plus for several segments on a satirical puppet show that suggested Alberto Contador isn't the only Spaniard who uses banned drugs. The latest video shows a line of Spanish athletes, including Rafael Nadal and Real Madrid goalkeeper Iker Casillas, using needles rather than pens to sign a petition in support of Contador. You can see the video here.
Trending: Shyam Das started last week as a relatively unknown arbitrator hearing drug cases for baseball. But, after delivering a walk-off homer to Ryan Braun, Das was trending up there with the Oscars and Bobbi Kristina. Wanting to know more about Das, we went online to find this résumé and this website. "Outside the Lines" also stopped by his Pennsylvania house for an interview, which was politely declined by the person who answered the door.

Sacramento's U.S. prosecutor defends medical marijuana crackdown

Sacramento Bee

Published: Wednesday, Feb. 29, 2012 - 12:00 am | Page 1B
Last Modified: Wednesday, Feb. 29, 2012 - 2:16 pm
As the top federal prosecutor in Sacramento was announcing a new focus on huge pot farms in the Central Valley on Tuesday, a U.S. district judge delivered a separate blow to efforts to thwart crackdowns on medical marijuana.
U.S. District Judge Garland E. Burrell Jr. dismissed one of five suits that had been filed in federal courts last fall in a bid to win legal support for medical marijuana use in California and other states.
Burrell's order came in a suit filed in federal court in Sacramento last November on behalf of the El Camino Wellness Center, near Arden Fair mall, and Ryan Landers, a 40-year-old Sacramento man who uses medical marijuana to alleviate suffering from AIDS and other illnesses.
The suit targeted U.S. Attorney General Eric Holder, Drug Enforcement Administration chief Michelle Leonhart and Benjamin Wagner, the U.S. attorney in Sacramento.
Ironically, the decision to toss out the suit came the same day Landers was attending a luncheon of the Sacramento Press Club, where Wagner had been invited to discuss his office's policies toward marijuana prosecutions.
The affair attracted about 100 people, many of them advocates for medical marijuana, and concluded with Landers politely rising, introducing himself and beginning to ask Wagner a question.
"I think you're suing me, if I'm not mistaken," Wagner said before addressing Landers' questions.
The lawsuit dismissal came after the luncheon, and Wagner spent much of his presentation defending his office's recent warnings against marijuana operations.
Wagner and the three other U.S. attorneys in California sparked controversy last fall when they announced charges against marijuana growers and dispensaries, as well as seizures of properties involved in the business.
Wagner repeated his stance Tuesday that federal officials are not targeting sick people who use marijuana for relief, and said he considered his office's enforcement efforts "quite measured."
But he added that the state is in the midst of a "green rush" of people flocking to California to exploit the market for marijuana and that evidence found in recent cases showed some dispensaries – supposedly operating as non-profits – were collecting $10,000 to $50,000 a day, much of it in cash.
"We have received information that some storefront marijuana stores here in the Sacramento area are selling marijuana at a markup of at least 200 percent over what they are buying it for," Wagner said. "That is not about treating seriously ill people. It's about profits."
Wagner noted that federal law does not allow for the sale or growing of marijuana, even if California does as a result of a voter-approved medical marijuana initiative in 1996.
And he warned that the "unregulated free-for-all" that has allowed marijuana growers and merchants to make fortunes must come to an end.
In coming weeks, Wagner said, federal agents plan to focus on pot farms in the Central Valley located on agricultural fields.
"There's been a proliferation of these large commercial grows on farmland, especially in the southern part of the valley from Stanislaus County down to Kern County," Wagner said. "And these grows are often tens of thousands of marijuana plants.
"They're often guarded by armed men and they are a hazard to people in those farming communities who live in or around them."
Wagner's message was met with mostly polite but skeptical questioning from some marijuana advocates in the audience.
One man questioned whether federal officials saying they were simply following the law was akin to Nazis using the same defense after World War II.
Another, former Los Angeles Police Department Deputy Chief Stephen Downing, questioned whether there was any accurate means of measuring whether the government's war on drugs was working.
"Every metric I can find says it's a failure," Downing said to applause.
Wagner explained to questioners that he could not spell out to dispensary operators how much marijuana they could distribute without running afoul of prosecutors, saying that was like asking a California Highway Patrol officer how far over the speed limit a motorist can drive without risking a ticket.
His only direct effort to dodge a question came when a reporter asked if he had ever smoked marijuana and what he thought of it.
"Uh, I'll say that I went to college," Wagner replied.

Call The Bee's Sam Stanton, (916) 321-1091.

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  • Thinking_Clearly
    There is no defense for what the US prosecutors are doing as far as I am concerned, nor is there any defense for our Federal Government not addressing this issue long ago on a Federal level. I can remember Nixon's statement "I am not a crook", and today all I can think of is the predicament this country is in because of the underhanded criminalization of America through the prohibition of marijuana on a Federal level.
  • chowster
    How many tards does it take to ignore the science and truth of cannabis?
    Teach the children the truth.... here it is.
    Clearing The Smoke: The Science of Cannabis
    http://watch.montanapbs.org/vi...
    (Edited by author 2 hours ago)
  • hamner72
     Killed by cannabis: Boy, 17, dies falling down stairs while high on
    skunk ... and proves Sir Richard Branson is wrong about drugs
  • BeyondChronic
    This is sad, but completely off the topic. Sure, you can get swacked out on any number of substances, do something that requires coordination and a clear head, and die from your own clumsiness. But cannabis is about the only drug -- including illegal drugs, legal prescription medicines, and over-the-counter remedies -- that has never killed anyone due to toxic effects or overdose.
  • hamner72
     LOL!!!!!!!!!!!!! I could make the case that it has been used to cause many deaths. I remember when they used to make things from hemp. Used by Democrats to hang their slaves when the black men protested raping of their women.
  • chowster
    "From my narrower perch, where I watched Nixon's "Southern strategy" successfully evolve in his 1968 campaign, it seemed that the roots of our political dysfunction trace back to a shift in southern conservative congressional representation from Democratic to Republican control following the Civil Rights Act of 1964."
    Alan Greenspan "The Age of Turbulence" pg246
    The racist pigs of whom you speak, that used that hemp rope to string up their property, have been residing in the Republican party since 1964. 
    Get your history straight........ 
  • BeyondChronic
    Yes, I can tell you don't want to hear the facts so you try to laugh it off. I can only hope that you don't get so sick one day that cannabis might be the only thing that can save you...because I know you don't like hypocrites.
  • hamner72
     Also i will not have a problem i can go to 7-11 and get a pot card if i am that sick. If it changes and i`m that sick do you think i would care about the law? They could arrest me and then pay my medical. You are sending the wrong message to our kids. PERIOD. We tell them that drinking is bad now. So you want to add another recreational drug to the list? You have been smoking to much of your product.
  • BeyondChronic
    No, marijuana used for medical purposes is not a recreational drug. Nobody out here in medical land thinks that kids should start getting high. Do not confuse patients with stoners.
    And don't blame ME if you're just finding out that drinking is bad, or that cannabis is safe. I've been saying it for years!
  • cyeager
    Huh.. We already confused medical patients with dealers..... Dispensaries were distributers that were not concerned with Law.
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