PRESS RELEASE: 10/13/95 PIERCE COUNTY SUPERIOR COURT JUDGE RULES: STATE CONSTITUTION REQUIRES THAT MARIJUANA BE AVAILABLE AS A PRESCRIPTION SUBSTANCE. Ralph Seeley, journalist, lawyer, and cancer patient, has accomplished what no one else has done in a quarter century of attempts. Seeley filed a declaratory judgment action in Pierce County Superior Court, asking for a ruling that the State Constitution's reliance on "fundamental principles" requires that marijuana be available as a prescription substance. This morning, the Honorable Rosanne Buckner, Judge of the Superior Court for Pierce County, agreed. A final order is being prepared. Marijuana is currently classified in "schedule I", which means that it cannot be prescribed, and that even research into its medical uses is prohibited. Schedule II drugs, such as opium, and cocaine, may be prescribed by doctors in appropriate cases. So may Marinol, the pharmaceutical version of THC, the active ingredient in marijuana. But Marinol must be swallowed, (a difficult if not impossible task for a person suffering from the violent nausea brought on by chemotherapy), takes over an hour to take affect, and causes its user to be "stoned" for up to 14 hours. Since efforts to move marijuana to schedule II have foundered in recent years, the price of Marinol has skyrocketed. It is now over $5.00 per pill. Lawyers for the state argued that marijuana has no currently accepted medical use. Seeley countered that current law absolutely prohibits its use for any purpose, and prohibits any research into its medical uses. In other words "Catch 22." He pointed out that in 1988 the administrative law Judge for the DEA, after a year of intensive study and hearings, concluded that "marijuana has been accepted as capable of relieving the distress of great numbers of very ill people, and doing so with safety under medical supervision. It would be unreasonable, arbitrary and capricious for the DEA to continue to stand between those sufferers and the benefits of this substance in light of the evidence in this record." The DEA chose to ignore his advice, and continues to absolutely refuse to allow marijuana to be prescribed, or even to allow research into its medical uses. This court decision has the effect of taking the issue of medical marijuana out of the hands of law enforcement, and placing it into the hands of doctors. Seeley's moving argument contained numerous references to his own experiences as a cancer patient, forced to choose between breaking the law and enduring unendurable suffering. For more information contact Ralph Seeley at (206) 383-3434. If Mr. Seeley is not available, contact Jeff Steinborn, (206) 622-5117
This is a PRESS RELEASE as written by Jeff Steinborn of the law offices of STEINBORN & ASSOCS.