From: Jim Rosenfield <[j n r] at [igc.apc.org]> Newsgroups: talk.politics.drugs Date: 18 Feb 94 19:55 PST Subject: BAN ON MED MJ UPHELD by US COURT RTw 02/18 1158 COURT UPHOLDS U.S. BAN ON MARIJUANA MEDICINAL USE WASHINGTON, Feb 18 (Reuter) - A federal appeals court Friday upheld the U.S. Drug Enforcement Administration's decision in refusing to make marijuana legally available for medical purposes. In a 3-0 decision written by Judge James Buckley, the court rejected the challenge by three private groups which had opposed the 1992 decision by the head of the federal drug enforcement agency to keep marijuana from patients. The groups -- the Alliance for Cannabis Therapeutics, the Drug Policy Foundation and the National Organisation for the Reform of Marijuana Laws -- had argued that marijuana should be reclassified to allow doctors to prescribe it legally. They said marijuana has eased nausea in cancer patients undergoing chemotherapy, has lessened muscle spasms caused by multiple sclerosis and has reduced eye pressure for glaucoma patients. The groups cited testimony from a number of patients and physicians who said that marijuana can be used safely and effectively. The first request by the groups to make marijuana available for medical purposes was filed in 1972 and the case has produced four previous decisions by the appeals court. Buckley in the 12-page opinion rejected the argument that the DEA chief had been unfairly biased, reflecting the agency's long history of anti-marijuana prejudice. He said DEA's decision did not appear unfair on the grounds that there was only anecdotal evidence rather than rigorous scientific proof supporting the use of marijuana. The DEA's decision "recites the testimony of numerous experts that marijuana's medicinal value has never been proven in sound scientific studies," he said. David Fratello, a spokesman for the Drug Policy Foundation, was unable to say if the ruling would be appealed, but added, "This puts the ball into the Clinton administration's court." He noted the U.S. Food and Drug Administration has announced it would review the issue and said, "DEA is the wrong agency to make these sorts of decisions." REUTER Last page !